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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal: State and Federal Decisions September 11, 2009
By David Badertscher, PLL
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.
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STATE DECISIONS:
Atlantic City v. Trupos
TAXATION ? Disqualification of Attorney
"The plaintiffs' law firm's representation of Atlantic City in prior years' tax appeals was found to be substantially related to the current representation of taxpayers challenging current tax assessments by Atlantic City."
County of Warren v. State of New Jersey
LAND USE AND PLANNING ? Highlands Act
"This opinion upholds the constitutionality of the Highlands Act against challenges based on equal protection arguments which are premised on a purported constitutional right to farm."
FEDERAL DECISIONS:
In re Jersey Tractor Trailer Training Inc.
BANKRUPTCY ? Lien Search
"A search of the records of the state or county filing office, under the debtor's correct name, using the filing office's standard search logic, is a commercially reasonable lien search."
Interactive Media Entertainment and Gaming Association Inc. v. Attorney General of the United States
CIVIL RIGHTS ? Privacy ? Internet Gambling
"There exists no constitutional privacy right to engage in Internet gambling from one's home to challenge the constitutionality of the Unlawful Internet Gambling Enforcement Act of 2006."
United States v. Davis
CRIMINAL PRACTICE ? Sentencing ? Crack Cocaine
"Defendant is eligible for a sentence reduction related to his conviction involving crack cocaine; however, defendant's status as a career offender limits the extent of the sentence reduction."
In re Neurontin Antitrust Litigation
ANTITRUST ? Patents
"Plaintiffs have sufficiently alleged defendants' manipulation of the patent regulatory process and antitrust injury as a result thereof to withstand defendants' motion to dismiss."
Skypala v. Mortgage Electronic Registration Systems Inc.
BANKING ? Mortgage Fees
"In this proposed class-action suit related to a home mortgage foreclosure action, plaintiff's claims that defendants charged unauthorized fees and overcharges fail as a matter of law".
Pierce v. Commissioner of Social Security
ADMINISTRATIVE LAW ? Social Security ? Spousal Insurance Benefits
"The commissioner of the Social Security Administration correctly determined that plaintiff is not entitled to spousal insurance benefits because she does not qualify for an exception to the Social Security Act's pension offset provision."
Perkins v. Washington Mutual, FSB
BANKING ? Mortgage Foreclosures ? Fees
"Plaintiffs' claims that defendant-banks and law firm collected fees not authorized by their mortgage loan documents and overcharged defaulting borrowers are dismissed"
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Full post as published by New York Supreme Court Criminal Term Library on September 11, 2009 (boomark / email).
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