Legal Research

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STATE DECISIONS:

Paff v. Director, Office of Attorney Ethics et al
"Investigative files created and maintained by OAE attorneys in preparing possible ethics charges are confidential and not subject to disclosure under the rules or a common-law balancing test."

Moper Transportation Inc. et al v. Norbet Trucking Corp. et al
"In a choice-of-law determination between insurance carriers dealing with loss allocation under policies issued in New Jersey issued to New Jersey corporations, New York did not have a greater governmental interest where the first-party personal-injury claim was already settled."

Division of Taxation v. Selective Ins. Co. of America, etc.
"Where the tax obligor's seller/user license was neither revoked nor canceled within the meaning of N.J.S.A. 54:39-20, the 10-year statute of limitations of N.J.S.A. 2A:14-1.2 applied; the statute of limitations was not triggered by the surety's refusal to pay on the bond but instead when the taxpayer's tax obligations came due."

Romano v. Galaxy Toyota et al, etc.
"Where ascertainable damages were not proved, the appropriate measure of damages to compensate plaintiff for the defendant's "unconscionable commercial practice" in rolling back the odometer was the price paid for the vehicle less its actual value in the undisclosed condition."

State v. Rodriguez
"Where no violation of the knock-and-announce rule was found, the issue of whether the exclusionary rule is an available remedy for such violation under the New Jersey State Constitution was not reached by the court."

State v. Hoffman
"Where a prosecutor's reasons for rejecting defendant's PTI application were consistent with the legislative standards, with guidelines promulgated by the Court, and with judicial precedent, the rejection of defendant's application was within the prosecutor's discretion."

Spring Creek Holding Company Inc. v. Shinnihon U.S.A. Co. Ltd.
"Where a seller reasonably believes that a buyer would not perform and requests reasonable assurance of performance and buyer fails to provide such assurance, a seller may declare the buyer in material breach and terminate the agreement of sale."

Toll Bros. Inc. et al v. Burlington County Board of Chosen Freeholders et al
"A developer is entitled to assert that recalculation of its contribution is warranted due to a change in circumstances notwithstanding the terms of a developer's agreement; under the Municipal Land Use Law, a developer cannot be compelled to shoulder more than its pro-rata share of the cost of off-tract improvements."

FEDERAL DECISION:

New Jersey v. Delaware
"New Jersey and Delaware have overlapping authority to regulate riparian structures and operations of extraordinary character extending out-shore of New Jersey's domain into territory over which Delaware is sovereign."

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