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   State Courts - New Jersey - October 3 - October 17, 2006

  
In re Lutz, D-193 September Term 2005, SUPREME COURT OF NEW JERSEY, October 3, 2006, Decided , October 3, 2006, Filed
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In re Moeller, D-188 September Term 2005, SUPREME COURT OF NEW JERSEY, October 3, 2006, Decided , October 3, 2006, Filed
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In re T.T., A-58 September Term 2005, SUPREME COURT OF NEW JERSEY, October 3, 2006, Decided
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Overview: Juvenile pled guilty to aggravated sexual assault contrary to N.J.S.A. § 2C:14-2(a)(1). That State did not prove his act was sexual in nature did not exempt him from New Jersey Megan's Law; under N.J.S.A. § 2C:7-2(b) of Megan's Law, aggravated sexual assault was a predicate offense, and sexual motive was not a prerequisite for applying Megan Law.

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Coryell, L.L.C. v. Curry, DOCKET NOS. A-3758-04T5, A-3759-04T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 5, 2006, Decided
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Overview: Trial court erred in vacating a default judgment of foreclosure of a tax lien. Due process did not require that notice of the foreclosure be sent to every address a mortgagee requested such a notice be sent, and it was notified in a manner reasonably calculated to apprise it of the foreclosure action, thus satisfying R. 4:64-1(f) and due process.

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Dziuba v. Fletcher, A-90 September Term 2005, SUPREME COURT OF NEW JERSEY, October 12, 2006, Decided
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Infinity Outdoor, Inc. v. Delaware and Raritan Canal Com'n, DOCKET NO. A-0111-04T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 12, 2006, Decided
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Overview: Applicant was not entitled to automatic approval of application to erect billboard near state park under default provisions of N.J.S.A. § 13:13A-14(c) and N.J.A.C. 7:45-2.6(f), as delay by New Jersey's Delaware and Raritan Canal Commission in decision making was due to applicant's requests for extension and revision and withdrawal of its amendment.

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Lanco, Inc. v. Director, Div. of Taxation, A-89 September Term 2005, SUPREME COURT OF NEW JERSEY, October 12, 2006, Decided
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Overview: New Jersey could, without violating the Commerce Clause, subject a taxpayer to the New Jersey Corporation Business Tax, N.J.S.A. §§ 54:10A-1 to -41, even though it lacked a physical presence in New Jersey, since it derived income through a licensing agreement with a company conducting retail operations in New Jersey.

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In re Jacoby, D-150 September Term 2005, SUPREME COURT OF NEW JERSEY, October 16, 2006, Decided , October 16, 2006, Filed
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Prado v. State, DOCKET NO. A-6273-03T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 17, 2006, Decided
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Overview: As state employee's use of ethnic slurs and sexist language at staff meeting was within the scope of his employment and was not willful misconduct under N.J.S.A. § 59:10A-2, under N.J.S.A. § 59:10-2, he was entitled to indemnification from the State for the costs of defending discrimination suits filed against him based on those offensive comments.

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