Legal Research

If you are already an online subscriber to the New Jersey Law Journal Case Alert Service you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

Subscription required for online access:

STATE DECISIONS:  

In re Application of J.D. to Purchase a Handgun
ADMINISTRATIVE LAW - Handgun Permits - Expungement
"The court may inquire into whether J.D. has overcome the psychiatric disability that resulted in his involuntary commitment notwithstanding that the commitment was expunged."

International Schools Services Inc. v. West Windsor Township
TAXATION - Property Tax Exemptions
"Plaintiff is not entitled to a tax exemption under N.J.S.A. 54:4-3.6 because its property was not actually used for the moral and mental improvement of the general public and it was operated to make a profit."

New Jersey Shore Builders Ass'n v. Jackson Township
GOVERNMENT - Tree-Removal Ordinances
"The tree-removal ordinance at issue here is a valid exercise of police power as its provisions are rationally related to its broad environmental goals."

NJ Cure v. Estate of Hamilton
INSURANCE LAW - PIP - Subpoenas
"Plaintiff's failure to follow the service requirements of the Rules of Court precludes upholding of the trial court's sanctions for failure to produce copies of medical records for a PIP arbitration. "

State v. Pollock
CRIMINAL PRACTICE - Alcotest - Drunk Driving
"The semiannual recalibration requirement for Alcotest machines, established by the Supreme Court in State v. Chun, is not applicable to cases in which the test was administered prior to Chun and in compliance with the then-existing annual recalibration protocol."

LoBiondo v. Schwartz
TORTS - SLAPP Suits
"The common-law cause of action for malicious use of process is a viable response to Strategic Lawsuits Against Public Participation (SLAPP) suits."

State v. Fortin
CRIMINAL PRACTICE - Death Penalty
"The Court adopts a hybrid approach to avoid declaring the application of the amendment to N.J.S.A. 2C:11-3 abolishing the death penalty and imposing life without parole to defendant an ex post facto violation."

Schadrack v. K.P. Burke Builder, L.L.C.
REAL PROPERTY - Construction - Arbitration
"The Construction Lien Law arbitrations in these two related cases did not sufficiently transgress the statute so as to require forfeiture of the respective contractors' liens."

Swan v. Boardwalk Regency Corporation, d/b/a Caesars Atlantic City
EMPLOYMENT - Wrongful Discharge
"Plaintiff was not fired in violation of a "clearly enunciated public policy" for conducting improper video surveillance in a casino, and the employer had the right to independently assess plaintiff's conduct and the bad publicity surrounding the charges and terminate plaintiff with or without cause."

Maleki v. Atlantic Gastroenterology Associates, P.A.
CONTRACTS - Verdict Sheets
"The trial judge erred in finding that the typographical errors in the jury verdict sheet referring to 'defendants' rather than "defendant" required a new trial."

Lopez v. Patel
TORTS - Collateral Estoppel - Automobile Negligence
"Where defendants waited 14 months, until the day of trial, to raise a defense of collateral estoppel based on Habick, they are equitably estopped from asserting the defense."

Klumb v. Board of Education of Manalapan-Englishtown
EDUCATION - Reinstatement - Teachers
"Under N.J.S.A. 18A:66-40(a), a school district must return a formerly disabled teacher to the next available opening in the position that he or she held at the time of the disability retirement, so long as the teacher meets the standards set by the State Board of Education for that position."

Estate of Ehringer v. Dir., Div. of Taxation
TAXATION - Estate Tax - Refund Claim Period
"An estate must file a protective refund claim within the three-year period established by statute in order to preserve a claim for a refund of the estate tax based on deductible expenses the estate expects to incur in litigation beyond the three-year period."

FEDERAL DECISIONS:

In re Hlywiak
ADMIRALTY - Collision - Damages
"In the context of a maritime collision, total loss cases do not permit recovery for loss of use or other consequential damages."

Viking Yacht Company v. Composites One, L.L.C.
EVIDENCE - Expert Testimony
"The report and testimony of plaintiffs' expert are admissible where the process or technique used in formulating his opinion is reliable and the report and testimony "fit" the factual dispute at issue so that it will assist the jury."

New Jersey Law Journal®
P.O. Box 20081, 238 Mulberry Street, Newark, N.J. 07101-6081
Customer Service Phone: (973) 642-0075