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Vol. 4 No. 144 – JULY 29, 1996 STATE COURT CASE ENVIRONMENT — SOLID WASTE — MUNICIPAL LAW Now on Counsel Connect 17-1-9718 Holgate Property Assoc. v. Twp. of Howell, et al., Supreme Ct. (22 pp. – includes concurring opinion) The approval of the permit exemption for the operation of a slude-derived product (SDP) site does not require the public-notice procedures, under the Solid Waste Management Act, applicable to the approval of a solid waste facility, however, the DEP should give notice to affected municipalities and consider their public health and safety concerns and zoning and land-use regulations when deciding whether a facility using SDP s will be exempt from permitting requirements. FEDERAL COURT CASES CIVIL PROCEDURE — REMAND 07-7-9719 Caridad Miniet, et al.v. Automated Packaging Systems, Inc., et al., U.S. Dist. Ct. (9 pp. – includes transcript) On defendant s writ of mandamus petition, challenging the timing of the court s remand of this case, the court amplifies its prior letter opinion, noting that the remand was timely since, pursuant to the terms of 28 U.S.C. section 1447(c), the relevant thirty-day period is the time from which a notice of removal is filed to the time at which the motion for removal is made, and the time at which a matter is actually remanded is not relevant. [Filed Jul. 19, 1996.] CONTRACTS — ARBITRATION 11-7-9720 Egyptian Metal Co. v. Novo-Plez, S.A., et al., U.S. Dist. Ct. (8 pp.) Where defendant moves again for summary judgment on plaintiff s claims of breach of express and implied warranty, arguing that the plaintiff should be bound by a European arbitration decision which found in defendant s favor, the court denies the motion, since the European arbitration was between the co-defendants, and did not involve plaintiff, who never agreed to be bound by such arbitration and was not vouched into the arbitration. [Filed Jul. 19, 1996.] CORRECTIONS — CIVIL RIGHTS 13-7-9721 Barry Robinson, et al. v. William Fauver, U.S. Dist. Ct. (18 pp.) The failure of N.J. Admin. Code tit. 10A, section 1-2.2 to classify an inmate as indigent, when the inmate has no funds in his or her account and is not able to earn inmate wages due to prolonged illness or any other uncontrollable circumstances, but does have a verified outside source from which to obtain funds, does not violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment, the Fifth Amendment, or 42 U.S.C. section 1986. [Filed Jul. 19, 1996.][For publication.] GOVERNMENT — BUSINESS LOANS — RACIAL DISCRIMINATION 21-7-9722 Naim Abdulsamad v. State of N.J., et al., U.S. Dist. Ct. (8 pp.) Summary judgment is granted to the defense in a case where black male plaintiff alleges that he was discriminated against when the Economic Development Authority refused to give him a business loan, since plaintiff failed to demonstrate that he followed the appropriate application procedures or that he was qualified for the economic assistance he sought. [Filed Jul. 19, 1996.] LABOR AND EMPLOYMENT — SEXUAL HARASSMENT — PUNITIVE DAMAGES 25-8-9723 Margaret Gares v. Willingboro Twp., et al., Third Cir. (50 pp. – includes dissent) District Court did not err in denying defendant s motion for judgment as a matter of law on the jury s award of punitive damage in sexual harassment case, since, inter alia, given the plain language, legislative history and purposes of the N.J. Law Against Discrimination, and considering the N.J. courts interpretations of the LAD and the CEPA, the court predicts that the N.J. Supreme Court would hold that the LAD permits the recovery of punitive damages against public entities. [Filed Jul. 23, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE : The state Supreme Court gives a New Jersey law firm a second chance to prove that it was not negligent in guiding a farming family in a property sale. But because the Court also ruled that the plaintiff’s comparative negligence should not be considered a factor in the retrial , some attorneys say the decision may lead to more malpractice suits. See page 1 of the July 29 Law Journal.

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