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   State Courts - New Jersey - January 19 - January 23, 2007

  
In re Fedderly, D-31 September Term 2006, SUPREME COURT OF NEW JERSEY, January 19, 2007, Decided
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State v. Reid, DOCKET NO. A-3424-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 22, 2007, Decided
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Overview: In prosecution for computer-related theft, as subpoena was not issued in compliance with New Jersey law, and defendant had an expectation of privacy under N.J. Const. art. I, para. 7 with respect to information on file with internet service provider that identified her as the user of coded screen name, trial court properly suppressed such evidence.

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Finderne Heights Condominium Ass'n v. Rabinowitz, DOCKET NO. A-6135-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 23, 2007, Decided
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Overview: Under the alternative dispute resolution (ADR) requirements in the Condominium Act and the Planned Real Estate Development Full Disclosure Act, a unit owner or a condominium association was not prohibited from initiating litigation without first submitting the dispute to ADR, if there were compelling circumstances.

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In re Spiegel, D-62 September Term 2006, SUPREME COURT OF NEW JERSEY, January 23, 2007, Decided , January 23, 2007, Filed
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Monogram Credit Card Bank of Georgia v. Tennesen, DOCKET NO. A-6267-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 23, 2007, Decided
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Overview: As record supported court's findings that seller failed to deliver conforming merchandise to consumer and then failed to afford him options required under N.J.A.C. 13:45A-5.1(c), seller's violation of N.J.A.C. 13:45A-5.1(c), regardless of intent or moral culpability, was per se violation of New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1 to -20.

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New Jersey Div. of Youth & Family Services v. F.H., DOCKET NO. A-3477-04T4, A-3846-04T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 23, 2007, Decided
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Overview: A judgment terminating the parental rights of a father and mother was affirmed as to their middle child since it was shown that they were unable or unwilling to provide a safe and secure environment for that child based on his special needs and history of injuries, but the judgment was reversed as to the parents' two other children.

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