Legal Research

State v. Fajardo-Santos
CRIMINAL PRACTICE - Bail
"The lodging of a federal detainer is a change of circumstances that may be considered in deciding whether to modify bail."

Hand v. Philadelphia Ins. Co.
INSURANCE LAW - UM/UIM Insurance
"The Scutari Amendment invalidating step-down provisions in commercial auto policies should be applied retroactively, but to do so here would result in a manifest injustice to the insurer."

State v. O'Donnell
CRIMINAL PRACTICE - Search and Seizure
"Evidence seen in plain view by officers entering an apartment to give emergency aid may be seized without a warrant by other officers entering later to process the crime scene."

State v. Bogan
CRIMINAL PRACTICE - Warrant - Community Caretaking Exception - Self-Incrimination
"During an investigation into an alleged sexual assault, a police officer's warrantless entry into an apartment to check on an unattended child was justified under the community caretaking exception, and officers had the right to question defendant, who was in plain view."

TAC Associates v. New Jersey Department of Environmental Protection
ENVIRONMENTAL LAW - Administrative Law - Remediation
"N.J.A.C. 19:31-8.2, a regulation promulgated by the New Jersey Economic Development Authority to implement certain sections of the Hazardous Discharge Site Remediation Fund, is ultra vires and invalid."

State v. Osorio
CRIMINAL PRACTICE - Juries - Peremptory Challenges
"The Court slightly refines the methodology to be applied in gauging bias claims in the jury-selection process, reaffirming that a three-step process must be employed whenever it has been asserted that a party exercised peremptory challenges based on race or ethnicity."

FEDERAL DECISIONS:

Westmont Development Group, L.L.C. v. Township of Haddon
CONTRACTS - Redevelopment
"There was no breach of contract or breach of the duty of good faith and fair dealing in defendants' termination of the township's redevelopment agreement with plaintiff."

Ingerman v. Delaware River Port Authority
CONSTITUTIONAL LAW - Privacy - Social Security Numbers
"The Delaware River Port Authority is in violation of § 7 of the Privacy Act of 1974 by including the disclosure of one's Social Security number as a prerequisite for membership in its E-ZPass Senior Citizen Program. '

Marshak v. Treadwell
INTELLECTUAL PROPERTY - Trademark
"Given that an injunction did not deter subsequent infringement, and given appellants' efforts to avoid that injunction, the District Court erred in limiting the remedies for contempt to the imposition of attorneys' fees; the case is remanded for an order of accounting."