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