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   State Courts - New Jersey - March 29 - March 30, 2006

  
George v. City of Newark, DOCKET NO. A-0578-04T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 29, 2006, Decided
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Overview: State agency erred in reinstating employee on grounds that lab's failure to correctly test his urine sample deprived him of potentially exculpatory evidence needed to challenge positive drug tests. To determine whether due process violation occurred, agency had to apply principles used in criminal proceedings when State lost physical evidence.

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In re Barnes, D-91 September Term 2005, SUPREME COURT OF NEW JERSEY, March 29, 2006, Filed
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In re Block, D-111 September Term 2005, SUPREME COURT OF NEW JERSEY, March 29, 2006, Decided , March 29, 2006, Filed
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J.G. Ries & Sons, Inc. v. Spectraserv, Inc., DOCKET NO. A-5521-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 29, 2006, Decided
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Overview: Trial court erred in disqualifying a law firm that represented plaintiff. Defendant's membership in a trade association represented by the firm did not make it the firm's client for purposes of N.J. Ct. R. Prof. Conduct 1.7, as there was no "substantial relationship" between subject matter of firm's representation of plaintiff and of association.

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Szemple v. Department of Corrections, DOCKET NO. A-4767-03T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 29, 2006, Decided
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Overview: As an inmate's "high risk" classification merely subjected him to having additional prison guards attend him when he was escorted from the prison, that heightened scrutiny was not an "atypical and significant hardship" and thus did not give him a due process right to a hearing as to the propriety of the classification.

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Community Hosp. Group, Inc. v. Blume Goldfaden Berkowitz Donnelly Fried & Forte, P.C., DOCKET NO. A-5561-03T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 30, 2006, Decided
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Overview: Under the New Jersey Hospital Patients Bill of Rights Act, a hospital faced fines, loss of all licenses, and suits by its patients for breaching its duty to ensure the confidentiality of their medical records. Therefore, it had standing to seek injunctive relief to protect its medical records when third party obtained them without authorization.

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In re Cattani, D-97 September Term 2005, SUPREME COURT OF NEW JERSEY, March 30, 2006, Filed
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In re DeMasi, D-99 September Term 2005, SUPREME COURT OF NEW JERSEY, March 30, 2006, Filed
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