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Weekly Caselaw Updates

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State v. Lane

The New Jersey Supreme Court did not extend the "pipeline retroactivity" of N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor at sentencing where "the defendant was under 26 years of age at the time of the commission of the offense." Here, the defendant was sentenced before the Legislature enacted the…

State v. Lane
New Jersey Supreme Court

The New Jersey Supreme Court did not extend the “pipeline retroactivity” of N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor at sentencing where “the defendant was under 26 years of age at the time of the commission of the offense.” Here, the defendant was sentenced before the Legislature enacted the new mitigating factor. But his… Continue reading State v. Lane

Commonwealth v. Buchanan Automotive
Pennsylvania Superior Court

Lugheads, read this summary! The Pennsylvania Superior vacated the defendant’s conviction for employing any person as a salesperson who has not been licensed as required. The Court ruled that Buchanan’s employee, who merely signed three documents required for a car sale, did not act as a “salesperson” within the meaning of the Act.

In these consolidated appeals, the New Jersey Appellate Division held that a defendant who received a prior conditional discharge for a low-level marijuana offense is ineligible for PTI. The case turned on the Court’s interpretation of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. The Court ruled that “the Legislature’s differential treatment… Continue reading State v. Gomes

Commonwealth v. Wright
Pennsylvania Superior Court

The Pennsylvania Superior Court vacated the defendant’s sentence for simple assault because the lower court erred in awarding restitution to The Phia Group, a recovery and reimbursement subrogation vendor. The Court held that the vendor was not an insurance company and did not pay any claim. Therefore, the vendor was not entitled to restitution under… Continue reading Commonwealth v. Wright

Hoover v. Weltzer, M.D.
New Jersey Appellate Division

In this nursing malpractice case, the New Jersey Appellate Division vacated the trial court’s order that granted the defendant’s motion to dismiss. The plaintiff treated with the doctor/co-defendant for problems with her left knee. The nurse/defendant assisted the doctor with a surgery. The plaintiff sued, alleging negligence in the performance of the surgery. Shortly after… Continue reading Hoover v. Weltzer, M.D.

State v. Bell
New Jersey Supreme Court

The New Jersey Supreme Court considered whether leaving the scene of an accident resulting in the death of another person can be charged separately for each victim killed in a single accident. The defendant struck with his car a bicycle ridden by two boys, who were killed. The State charged the defendant with two counts… Continue reading State v. Bell

Dobco, Inc. v. Bergen Co. Improvement Auth.
New Jersey Supreme Court

The New Jersey Supreme Court affirmed the Appellate Division’s ruling that the express terms of the Local Redevelopment and Housing Law (LRHL) did not anticipate a contract with a redeveloper like the one proposed by the requests for qualification in this case. Accordingly, the Bergen Co. Improvement Authority (BCIA) could not avoid the requirements of… Continue reading Dobco, Inc. v. Bergen Co. Improvement Auth.

J. Supor & Son Trucking & Rigging Co. v. Trucking Emps. of N. Jersey Welfare Fund
3rd Circuit

The Third Circuit dealt with the Multiemployer Pension Plan Amendments Act of 1980 (the MPPAA), which amended part of ERISA (the Employee Retirement Income Security Act of 1974). The MPPAA was designed to penalize employers who back out of multiemployer pension plans early, thereby “sticking remaining employers with a much higher bill.” Here, a contractor… Continue reading J. Supor & Son Trucking & Rigging Co. v. Trucking Emps. of N. Jersey Welfare Fund

State v. O’Donnell
New Jersey Appellate Division

The defendant ran for mayor of Bayonne and agreed to accept $10,000 from an individual in exchange for making the person Bayonne’s next tax attorney. But the defendant lost the election. The lower court dismissed the indictment charging bribery. The New Jersey Appellate Division reversed, reinstated the prosecution, and held that N.J.S.A. 2C:27-2‘s text suggests… Continue reading State v. O’Donnell

The New Jersey Appellate Division affirmed the Civil Service Commission’s decision, which dismissed Young’s administrative appeal. Young works as a painter at the Woodbine Developmental Center. He received a Preliminary Notice of Disciplinary Action, which announced a 15-day suspension because he emailed another public employee, disparaging the person as a “loser”. Young appealed and received… Continue reading In re Young