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Vol. 4, No. 149 – August 5, 1996 STATE COURT CASES CONSTITUTIONAL LAW — INVOLUNTARY COMMITMENTS — JUVENILES Now on Counsel Connect 10-1-9777 In the Matter of the Commitment of N.N., Supreme Ct. (38 pp.) A standard that would authorize the involuntary commitment of a minor under 14 years of age requires: (1) a showing that the minor is mentally ill, as defined in terms of childhood mental illness; (2) a demonstration that the child is in need of intensive, institutional psychiatric treatment that cannot be provided in the home, the community, or on an outpatient basis; (3) a determination that, due to mental illness, the minor s condition poses a danger to that minor or to others, which may include the substantial likelihood of significant developmental harm if that treatment is not provided; and (4) that the above prerequisites for involuntary commitment be established by clear and convincing evidence, determined by specific and particularized findings of fact. FEDERAL COURT CASES CIVIL RIGHTS — EXPERTS 46-7-9778 Oliver Obiukwu v. State of N.J., et al., U.S. Dist. Ct. (10 pp.) Magistrate judge s decision to preclude plaintiff s expert witness testimony is affirmed as not clearly erroneous nor contrary to law, since the plaintiff failed to cooperate with defense counsel in the discovery process, did not submit reports before deadlines had passed, and did not obey the scheduling order. [Filed July 19, 1996.] INSURANCE — TELECOMMUNICATIONS 23-7-9779 New Valley Corp. v. Lexington Ins. Co., et al., U.S. Dist. Ct. (16 pp.) In a coverage suit dealing with the failure of telecommunications satellites, considering the contested policy language, the proffered interpretations of that language, extrinsic evidence of contemporaneous intent and the subsequent behavior of the parties, the court concludes that, with respect to the question of when knowledge of the cause of a potential post-policy loss must occur, no clear construction presents itself, and summary judgment must be denied. [Filed July 16, 1996.] INTELLECTUAL PROPERTY — TRADEMARK INFRINGEMENT 53-7-9780 Artistic Doors & Windows Inc., etc. v. Artistic Window & Door L.L.C., etc., U.S. Dist. Ct. (21 pp.) Since plaintiff has succeeded in demonstrating a reasonable likelihood of success on the merits by demonstrating ownership, legal protectability and validity of its mark, and also has shown a likelihood of confusion and irreparable injury, and in balancing the parties’ hardships, the court grants plaintiff a preliminary injunction against defendant. [Filed July 19, 1996.] SECURITIES 50-7-9781 Sec. & Exch. Comm’n v. Lawrence S. Silberstein, et al., U.S. Dist. Ct. (18 pp.) (1) Defendant s summary judgment motion in securities fraud case is denied, since a completed sale is not a pre-requisite to finding Securities Act of 1933 liability under Section 17(a) (1) and (3), and there is clearly a genuine issue of material fact regarding whether the letters defendant issued to three brokerage firms constituted offers. (2) Defendant s motion to preclude evidence for failure of the SEC to previously disclose the underlying allegation is denied, but the defendant will be entitled to depose the proffered witness. [Filed July 18, 1996.] WRONGFUL DEATH — INMATES — CIVIL RIGHTS 40-7-9782 Annie Chapple, et al. v. City of Orange Twp., et al., U.S. Dist. Ct. (13 pp.) The court grants municipality and its officials summary judgment on those civil rights counts of wife s action — involving her husband’s death while he was detained after a drunk-driving arrest — since wife has not proven that the municipality, as the responsible policymaker, was aware of the danger that intoxicated prisoners are more vulnerable to death, and then deliberately chose to take no preventative measures, and also has failed to prove that any challenged policy was the cause-in-fact of the detainee s death. [Filed July 23, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … Lawyer-wanted ads in New Jersey legal weeklies have jumped 38 percent since the beginning of April and recruiters say it’s a sign that legal business in the state is on the rise. See page 1B of the Aug. 5 Law Journal.

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