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Vol. 4, No. 176 — September 11, 1996 STATE COURT CASES ADMINISTRATIVE LAW AND PROCEDURE 01-2-9989 The City of Gloucester City, et al. v. State, Administrative Office of the Courts, App. Div. (11 pp.) (1) Since the AOC is a “state administrative agency” under R. 2:2-3(a)(2) and its decisions are appealable as of right, the trial judge properly transferred the action to the Appellate Division. (2) The trial court correctly affirmed the decision of the AOC that the Delaware River Port Authority — a bi-state agency created by compact — is a state agency under N.J.S.A. 39:5-41 and properly directed that fines for offenses committed on DRPA bridges, although processed at the expense of the municipalities in the municipal courts, be paid to the state. DEBTOR/CREDITOR — FORECLOSURE — SURPLUS FUNDS 15-4-9990 National Mortgage Co. v. Anthony Syriaque, et al., Chancery Div. (10 pp.) Where plaintiff mortgage company made additional disbursements after the entry of final foreclosure judgment to preserve the mortgaged property, it is entitled to reimbursement from surplus funds subsequent to the entry of an order releasing those funds to a second mortgagee. [Approved for publication Sept. 9, 1996.] LANDLORD/TENANT 27-3-9991 Marie C. Campi v. Seven Haven Realty Co., Law Div. (9 pp.) Provision in application for lease — requiring prospective tenant to advance “the first month’s rent” with the completed application form and permitting the lessor to retain it if the prospective tenant cancels the application — is unenforceable for lack of consideration. [Approved for publication Sept. 9, 1996.] FEDERAL COURT CASES CIVIL PROCEDURE — FORFEITURE 07-7-9992 U.S.A. v. One 1993 Porsche, etc., U.S. Dist. Ct. (5 pp.) An examination of all of the relevant Poulis factors demonstrates that owner of vehicle — allegedly purchased with drug money and used in drug operations — has, by her refusal to participate in these proceedings, forfeited any right to participate further, and government’s motion to strike her answer is granted. [Filed Aug. 7, 1996.] ENTERTAINMENT — CONFIDENTIALITY 55-7-9993 James Damiano v. Sony Music Entertainment, Inc., et al., U.S. Dist. Ct. (38 pp.) In infringement action alleging that Bob Dylan appropriated plaintiff’s songs as his own during a “dry spell” in his own creativity, inter alia, (1) after balancing the arguments, the court finds that modification of the original protective order is appropriate, and defendant’s motion to designate discovery materials as confidential is granted, and (2) since plaintiff has failed to demonstrate sufficient need to override the Associated Press’s qualified privilege not to disclose a tape recorded interview with Dylan, plaintiff’s motion to compel production of the interview is denied. [Filed Aug. 6, 1996.][For publication.] IMMIGRATION 51-8-9994 Mircea Marincas v. Warren Lewis, etc., et al., Third Cir. (30 pp.) The Board of Immigration Appeals too narrowly construed the immigration statutes, concluding that stowaways are not entitled to immigration court hearings on their asylum claims, and the district court erred in deferring to the BIA’s interpretation and denying the habeas corpus petition of stowaway plaintiff — a former Romanian soldier seeking political asylum. [Filed Aug. 9, 1996.] JURISDICTION — NEGLIGENCE — SKI AREAS 24-7-9995 Richard Albert Doering, et al. v. Copper Mt. Ski Resort, et al., U.S. Dist. Ct. (12 pp.) Although the court does not have either general or specific jurisdiction over defendant Colorado ski resort — since there are insufficient contacts with N.J. based on its advertising on the Internet and in national magazines — the court does not grant defendant’s motion to dismiss for lack of such jurisdiction, but instead transfers venue of this sledding personal injury action to Colorado. [Filed Aug. 7, 1996.] PUBLIC ASSISTANCE 45-8-9996 C.K., etc., et al. v. N.J. Dept. of Health and Human Svcs., et al., Third Cir. (64 pp.) The district court correctly held that the Secretary of Health and Human Services had the authority to waive requirements for state plans under the Social Security Act for the purpose of demonstration projects to test reforms to the Aid to Families With Dependent Children programs; this includes New Jersey’s Family Development Program, which contains the “Family Cap” provision that eliminates the standard AFDC increase for any child born to a woman currently receiving aid. [Filed Aug. 9, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE Lawrence Whipple Jr. is suing his former partners over $200,000 and a third of the value of the 10-lawyer firm. The litigation’s message for others: Put compensation agreements in writing. See page 5 of the Sept. 9 Law Journal.

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