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Vol. 4, No. 181 — SEPTEMBER 18, 1996 STATE COURT CASES CRIMINAL LAW AND PROCEDURE 14-2-0029 State v. Ronald Saunders, App. Div. (8 pp.) The trial court s reasonable doubt instruction to the jury — equating “reasonable doubt with an “abiding uncertainty as to the guilt of the defendant suffered from constitutional deficiency and unconstitutionally diluted the State s burden of proof, and defendant s convictions are reversed. 14-2-0029 State v. Linsey Osborne, App. Div. (7 pp.) The nature of the offense charged — possession of drugs in a school zone — should merely have been one of several factors considered by the prosecutor in evaluating defendant s application for admission to PTI, and the prosecutor s failure to consider defendant s amenability to rehabilitation through probation, in light of his recommendation for probation on accepting defendant s plea to the charge, was clear error of judgment and the denial of defendant s admission into PTI is reversed. FEDERAL COURT CASES INSURANCE 23-7-0030 Robert B. Reich, etc. v. Charles V. Giordano, et al.; Joseph A. D Orazio, et al. v. Oransky, Scaraggi, et al., U.S. Dist. Ct. (8 pp.) Third-party coverage action seeking liability insurance coverage under a “claims made” policy for alleged breaches of fiduciary duty is dismissed because third-party plaintiffs failed to report the claim during the claim period. [Filed Sept. 10, 1996.] INTELLECTUAL PROPERTY — JURISDICTION 53-7-0031 Gateway 2000, Inc. Corp. v. Cyrix Corp., U.S. Dist. Ct. (34 pp.) Plaintiff’s claims for dilution of their trademark and false advertising are not preempted by the Lanham Act, nor are the state law claims for unfair competition and dilution preempted by the Copyright Act; therefore, removal to federal court was improper and the matter is remanded to state court. [Filed Sept. 10, 1996.] LABOR AND EMPLOYMENT 25-7-0032 Donald Kayhart v. NCR Corp., etc., U.S. Dist. Ct. (14 pp.) Plaintiff’s failure-to-hire case is dismissed, since plaintiff does not have a private cause of action under either the Vietnam Era Veterans’ Readjustment Assistance Act, or the Rehabilitation Act, and his only remaining private cause of action — under the Americans With Disabilities Act of 1990 — fails because he has failed to prove that he applied for and was qualified to hold a position with the defendant. [Filed Sept. 9, 1996.] 25-7-0033 David Nichols v. N.J. Transit Rail Operations Police Dept., et al., U.S. Dist. Ct. (15 pp.) Plaintiff has failed to satisfy his burden of demonstrating that he was retaliatorily discharged from defendant’s police force in violation of the First and Fourteenth Amendment, since his criticism of department policies, even if classified as protected speech, was not the substantial and motivating factor in his termination. [Filed Sept. 9, 1996.] 25-7-0034 Ethel Dae v. St. Barnabas Medical Ctr., et al., U.S. Dist. Ct. (22 pp.) Union’s decision not to pursue plaintiff’s grievance to arbitration was not arbitrary, discriminatory or in bad faith, and plaintiff’s claims that hospital breached collective bargaining agreement and union breached its duty of fair representation owed to plaintiff are dismissed. [Filed Sept. 10, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE Fourteen of 17 large firms responding to a Law Journal survey are paying new associates what they paid the class of 1995. Many of those rates have been frozen for half a decade in the low $60,000s. But McCarter & English left the pack and went to a starting pay of $65,000. See page 29 of the Sept. 16 Law Journal.

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