Legal Research

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STATE DESISIONS:

Chandok v. Chandok
FAMILY LAW - Recusal
"The trial judge should have recused himself in light of the fact that he had acrimonious litigation with defense counsel eight years prior to trial; defendant had an objectively reasonable belief that she could not receive a fair and unbiased hearing."

Nini v. Mercer County Community College
EMPLOYMENT - Age Discrimination
"The age-based exception in N.J.S.A. 10:5-12 does not apply to nonrenewal of contracts and plaintiff is entitled to have her age-discrimination complaint heard on the merits"

State v. Finesmith
CRIMINAL PRACTICE - Search and Seizure
"A single search warrant may provide authorization for police to make more than one entry into the premises identified in the warrant if they are unable to locate the item specified in the warrant during their initial entry."

Triffin v. Wachovia Bank, N.A.
BANKING - Dishonored Checks
"Plaintiff, as assignee, lacks standing to pursue claims under the Check Clearing for the 21st Century Act because those claims are statutory and not assignable."

Wakefern Food Corp. v. Liberty Mutual Fire Ins. Co.
INSURANCE LAW - Electrical Blackout
"A 2003 electrical blackout, which left portions of the United States and Canada without power for several days, was a covered occurrence under an insurance policy that applied to loss of power due to 'physical damage' to electric generating facilities away from the supermarkets' premises."

C.L. v. W.S.
FAMILY LAW - Jurisdiction - Paternity Actions
"Defendant's impregnating of plaintiff in New Jersey and his other substantial contacts with this state at that time are sufficient to confer jurisdiction over him in this paternity action."

Shri Sai Voorhees, L.L.C. v. Township of Voorhees
LAND USE AND PLANNING - Variances
"An application to erect a principal structure exactly 10 percent higher than the zoned height limit requires a special-needs D variance, which must be presented to the zoning board of adjustment."

FEDERAL DECISIONS:

Nken v. Holder
IMMIGRATION - Deportation - Judicial Review
"Traditional stay factors, not the demanding standard of 8 U.S.C. § 1252(f)(2), govern a court of appeals' authority to stay an alien's removal pending judicial review."

Royal Ins. Co. of America v. KSI Trading Corp.
INSURANCE - Marine Open Cargo Insurance
Because the policy here is ambiguous regarding whether coverage extends to domestically acquired property, under New Jersey law, it must be interpreted to provide coverage for all of the insured's property regardless of where acquired.

Shinseki v. Sanders
ADMINISTRATIVE LAW - Judicial Review - Harmless Error
Federal Circuit Court of Appeals' harmless-error framework conflicts with the Veterans Court's statutory duty to take "due account of the rule of prejudicial error."

Arizona v. Gant
CRIMINAL PRACTICE - Search and Seizure
"Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest."

Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi
CONTRACTS - Arbitration - Attachment - Sovereign Immunity
"Whether Iran's interest in attachable property is considered to be its interest in the judgment itself or its underlying interest in the sale proceeds, the interest falls within the terms of the Treasury Department's general order unblocking Iranian assets that were frozen in 1979."

Porter v. Department of the Treasury
CIVIL PRACTICE - Filing Fees
"A voluntary dismissal of an appeal under Rule 42(b) does not entitle the appellant to a refund of the filing and docketing fees; there is no authority to waive filing fees in actions under the Prison Litigation Reform Act."

United States v. Olhovsky
CRIMINAL PRACTICE - Sentencing
"Defendant's sentence of six years' imprisonment that was imposed after he pleaded guilty to possessing child pornography is unreasonable; the sentencing court erred as a matter of law in refusing to allow his treating psychologist to testify at the sentencing hearing."

Peacock v. Albertsons Acme Markets
EMPLOYMENT - Discrimination
"Plaintiff's claims of hostile work environment and failure to accommodate her alleged disability fail for lack of sufficient proof"

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