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: New York Supreme Court Criminal Term Library

New Jersey Law Journal: State and Federal Decisions September 4, 2009

By David Badertscher, PLL

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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.

Subscription required for online access:

STATE DECISIONS:

Board of Education of the City of Clifton v. Zoning Board of Adjustment of the City of Clifton
LAND USE AND PLANNING - Schools - Variances
"In matters of safety, health and adequacy of educational facilities, a zoning board must defer to the findings by the State Board of Education, the agency delegated such responsibility under the Educational Facilities Construction and Financing Act."

New Jersey Association of School Business Officials v. Davy
ADMINISTRATIVE LAW - Education
"The challenged measures of "Fiscal Accountability, Efficiency and Budgeting Procedures" are upheld because they are not inconsistent with statutory law and are within the powers expressly granted to the commissioner and those reasonably necessary or appropriate to effectuate the specific delegation. "

Accuzip Inc. v. Dir., Div. of Taxation
TAXATION - Corporation Business Tax
"The sale of CD-ROMs in New Jersey by out-of-state companies with no presence in the state does not create a substantial nexus between those companies and New Jersey to justify taxation under the Corporation Business Tax Act."

FEDERAL DECISIONS:

Kao v. Aetna Life Insurance Company
LABOR AND EMPLOYMENT - Long-Term Disability Benefits
"Aetna was within its discretion to conclude that the applicant failed to satisfy the applicable definition of disability, and terminate her LTD benefits where she asserted only subjective complaints and four independent reviewers concurred that she was capable of sedentary work."

Nunez v. Pachman
CIVIL RIGHTS - Privacy
"Even if the state recognizes a privacy interest in an expunged criminal record, such an interest is not cognizable under the federal Constitution. "

United States v. Lychock
CRIMINAL PRACTICE - Child Pornography
"In this case involving child pornography, the District Court failed to properly consider the relevant factors and failed to offer a sufficient justification for its imposition of a sentence substantially below the applicable guidelines range."

United States v. Kramer
ENVIRONMENTAL LAW - Comprehensive Environmental Response, Compensation and Liability Act
"Summary judgment is granted to the settling work defendants as to their contribution claims against the lone nonsettling defendant under CERCLA and the New Jersey Spill Act. "

Emerson Electric Co. v. Le Carbone Lorraine, S.A.
ANTITRUST - Standing
"Since Visteon lacks standing to assert its antitrust claim due to the sale of its subsidiary and Valeo has standing under a valid assignment, defendants' motions for summary judgment are granted as to Visteon and denied as to Valeo."

Eckerd Corporation v. J&S Inc.
PENSIONS - Withdrawal Liability
"Allowing a plan to assign its rights to recover withdrawal liability to a party that has already been assessed as an employer would undermine the statutory framework of the MPPAA and violate public policy."

Geod Corporation v. New Jersey Transit Corporation
CIVIL RIGHTS - Government Contracts
"Summary judgment is inappropriate as to the constitutionality of New Jersey Transit's Disadvantaged Business Enterprise program where a genuine issue of material fact exists as to whether 'Iraqi' is within NJT's defined DBE groups and whether discrimination exists for Iraqis."

United States v. Rebelo
IMMIGRATION - Denaturalization
"Where defendant illegally procured naturalization in violation of the probation regulation and wrongfully procured the same by willful misrepresentation and concealment of material facts on his application for naturalization, the court revokes defendant's order of naturalization."

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Full post as published by New York Supreme Court Criminal Term Library on September 04, 2009 (boomark / email).