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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal State Decisions June 6, 2008
By David Badertscher, PLL
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STATE DECISIONS:
Pfizer, Inc. v. Director, Division of Taxation
"The Throwout Rule is constitutional on its face because it can satisfy the requirements of the Due Process, Commerce and Supremacy Clauses in some circumstances."
Owens et al v. Feigin et al
"The notice-of-claim requirement in the New Jersey Tort Claims Act does not apply to causes of action under the New Jersey Civil Rights Act of 2004."
Shotmeyer et al v. New Jersey Realty Title Insurance Company
"The title insurance policy obtained by the general partnership when it purchased the property lapsed when the property was voluntarily conveyed to the separate and distinct limited partnership formed by the same individuals, and the limited partnership did not have standing to sue under the policy."
Sinclair v. Merck & Co., Inc., et al
"The Products Liability Act is the sole source of remedy for defective product claims; it does not include the remedy of medical monitoring where, as here, no manifest injury is alleged."
State v. Fortin
"A defendant who faced only a 30-year period of parole ineligibility for a murder committed in 1994, if he was not sentenced to death, cannot be sentenced to life without parole as a result of the statute that repealed capital punishment."
B.H. v. State of New Jersey, Department of Human Services
"The Department of Human Services' instruction that SAP benefits are duplicative of WFNJ/TANF benefits operates as a rule; since it was not adopted under the Administrative Procedure Act, it cannot be the basis for determining plaintiff's eligibility for benefits."
Villa v. Short et al
"The exclusion in a homeowners? policy for the intentional or criminal acts of an insured person excludes coverage for all insureds under the policy."
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Full post as published by New York Supreme Court Criminal Term Library on June 09, 2008 (boomark / email).
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