10-22-09 UNITED CONSUMER FINANCIAL SERVICES CO. V.
WILLIAM CARBO v. A&M MERCHANDISING, INC.
A-5501-06T2
The dispute that gave rise to this class action litigation
is about the content and form of a contract and notice of
cancellation, which was approved by a single creditor and used
by multiple door-to-door sellers in retail installment sales of
vacuum cleaners. The appeal is from a judgment awarding
injunctive relief and a civil penalty in the amount of $100 to
each member of the class pursuant to the Truth-in-Consumer
Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to
-18, based upon violations of consumer rights provided in the
Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61,
and the Door-to-Door Retail Installment Sales Act (DDRISA),
N.J.S.A. 17:16C-61.1 to -61.9.
We reject the claim that class certification was improper
because only one of the several sellers was involved in the
purchase made by the class representative. We affirm the TCCWNA
penalty because the contract violated a consumer right provided
by RISA and the aggregate award was neither unconstitutionally
excessive nor a basis for decertification of the class. We
modify the injunctive relief because the Federal Trade
Commission regulations, 16 C.F.R. §§ 429.1 to 429.3, preempt and
preclude enforcement of several but not all of the provisions of
DDRISA.
Assistant Editor: Umair Hussain
October 28, 2009
October 19, 2009
10-15-09 STATE V. LEONARD
10-15-09 STATE V. RAAFIQ LEONARD
A-4330-07T4
The trial court properly precluded defense counsel from
confronting the victim with a fifteen-year-old conviction for
third-degree aggravated assault. Vasquez v. Jones, 496 F.3d 564
(6th Cir. 2007) is distinguishable.
Assistant Editor: Umair Hussain
A-4330-07T4
The trial court properly precluded defense counsel from
confronting the victim with a fifteen-year-old conviction for
third-degree aggravated assault. Vasquez v. Jones, 496 F.3d 564
(6th Cir. 2007) is distinguishable.
Assistant Editor: Umair Hussain
10-19-09 IN THE MATTER OF ANTHONY DUBOV
DATE NAME OF CASE (DOCKET NUMBER)
10-19-09 IN THE MATTER OF ANTHONY DUBOV
A-0832-08T4
The Supreme Court of the United States' decision in Heller,
which held that the Second Amendment protects an individual
right to keep and bear arms, has no effect upon the
constitutionality of the New Jersey statute requiring a permit
to purchase a firearm. A trial court's failure to conduct a
hearing on an appeal from the denial of an application for a
firearms purchaser permit within the thirty-day period allowed
by N.J.S.A. 2C:58-3(d) does not require automatic approval of
the application. The trial court erred in failing to conduct an
evidentiary hearing on an appeal from the denial of an
application for a firearms purchaser permit and instead deciding
the appeal based on evidence submitted to the court ex parte in
the form of telephone calls by the trial judge to the
applicant's former employers and an unsolicited letter submitted
after argument of the appeal that commented negatively upon the
applicant's fitness to possess a firearm.
Assistant Editor: Umair Hussain
10-19-09 IN THE MATTER OF ANTHONY DUBOV
A-0832-08T4
The Supreme Court of the United States' decision in Heller,
which held that the Second Amendment protects an individual
right to keep and bear arms, has no effect upon the
constitutionality of the New Jersey statute requiring a permit
to purchase a firearm. A trial court's failure to conduct a
hearing on an appeal from the denial of an application for a
firearms purchaser permit within the thirty-day period allowed
by N.J.S.A. 2C:58-3(d) does not require automatic approval of
the application. The trial court erred in failing to conduct an
evidentiary hearing on an appeal from the denial of an
application for a firearms purchaser permit and instead deciding
the appeal based on evidence submitted to the court ex parte in
the form of telephone calls by the trial judge to the
applicant's former employers and an unsolicited letter submitted
after argument of the appeal that commented negatively upon the
applicant's fitness to possess a firearm.
Assistant Editor: Umair Hussain
October 12, 2009
STATE OF NEW JERSEY V. L.V.
DATE NAME OF CASE (DOCKET NUMBER)
10-08-09 STATE OF NEW JERSEY V. L.V.
A-3149-07T4
Defendant pled guilty to second-degree manslaughter and
second-degree aggravated assault on her two newborn infants and
was sentenced to two concurrent five-year terms of imprisonment,
subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. The
matter came before the panel on the Sentence Oral Argument
calendar with defendant arguing the judge erred in sentencing
her as a second-degree offender. Because the judge erred in not
finding all the mitigating factors supported by the record, we
reversed. We considered defendant's long history of horrific
sexual and psychological abuse by her father, who twice
impregnated her; her significant mental retardation; the
significant role her father played in the death of her first
child and the assault of the second; the presence of a duress
defense; the absence of any prior history of delinquency or
criminal activity; the likelihood her conduct would not recur
because her father had been sentenced to an aggregate thirtyfive
year term; her character and attitude making it unlikely
she would commit another offense; and her cooperation with the
prosecution of her father. Thus, we concluded that the
mitigating factors substantially outweighed aggravating factors
(1), (2), and (9) and resentenced defendant as a third-degree
offender to two concurrent terms of four years, subject to NERA,
with three years of parole supervision.
Edited by Umair Hussain
10-08-09 STATE OF NEW JERSEY V. L.V.
A-3149-07T4
Defendant pled guilty to second-degree manslaughter and
second-degree aggravated assault on her two newborn infants and
was sentenced to two concurrent five-year terms of imprisonment,
subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. The
matter came before the panel on the Sentence Oral Argument
calendar with defendant arguing the judge erred in sentencing
her as a second-degree offender. Because the judge erred in not
finding all the mitigating factors supported by the record, we
reversed. We considered defendant's long history of horrific
sexual and psychological abuse by her father, who twice
impregnated her; her significant mental retardation; the
significant role her father played in the death of her first
child and the assault of the second; the presence of a duress
defense; the absence of any prior history of delinquency or
criminal activity; the likelihood her conduct would not recur
because her father had been sentenced to an aggregate thirtyfive
year term; her character and attitude making it unlikely
she would commit another offense; and her cooperation with the
prosecution of her father. Thus, we concluded that the
mitigating factors substantially outweighed aggravating factors
(1), (2), and (9) and resentenced defendant as a third-degree
offender to two concurrent terms of four years, subject to NERA,
with three years of parole supervision.
Edited by Umair Hussain
October 11, 2009
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
Featuring a discussion on the newly released court rules!
Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel, Mt. Laurel
Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison, Edison (Raritan Center)
Presented in cooperation with the NJSBA Municipal Court Section and
the NJSBA Young Lawyers’ Section
Are you prepared to prosecute or defend your client in new Alcotest cases? Are you familiar with the new & increased penalties for certain offenses?
This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Gain a thorough understanding of Municipal Court practice, procedure, & recent developments...
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• A special Q&A session: Ask the Experts
Speakers include:
| |
| Past Chair, NJSBA Municipal Court Section Chair, ABA Elder Law Committee |
| (at Mt. Laurel & Edison) |
| (Camden) |
| (at Mt. Laurel) |
| (at Mt. Laurel & Edison) |
| Prosecutor in Audubon and Stratford (Camden County) |
| (at Mt. Laurel) |
| (at Mt. Laurel & Edison) |
| (Belvidere) |
| (at Edison) |
| (Union County) Chair, Supreme Court Municipal Practice Committee (Union County) |
| (at Edison) |
| Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge) |
| (at Edison) |
New Jersey Institute for Continuing Legal Education
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The New Jersey State Bar Association Rutgers - The State University of New Jerseys Seton Hall University
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