Where the district court granted a mistrial because the government had failed to disclose certain documents which undermined the government’s theory that defendant’s plastic worm manufacturing business was in financial trouble and he therefore was motivated to burn a building ...
Read More »Criminal – Double Jeopardy – Mistrial – Manifest Necessity – Conditional Guilty Plea – Mail Fraud
Products Liability 
Missing Evidence Where plaintiff, who lost his left eye as a result of an accident at work while using a rail cutting saw which included an abrasive cut-off disc, and has sued defendants for breach of implied warranty of merchantability ...
Read More »Bankruptcy – Domestic Relations – Dischargeability – Military Pension 
Where the final divorce decree awarded wife 45 percent of the present value of the husband’s military pension, and ordered him to satisfy this award by paying wife one-half of his gross monthly pension benefits each month until husband had ...
Read More »Tort/Negligence – Defamation – Private Individual – Public Matter 
Where the trial court in this action by a lawyer who contends that two newspaper articles concerning the search of his law office by police and a subpoena duces tecum for a confidential file defamed him, the trial court erred ...
Read More »Workers' Comp (306012) 
Physician’s Report Where claimant’s physician reported that claimant was unable to perform normal duties until further notice, several months later, the physician indicated that claimant was still disabled, and six months later, the physician stated that claimant was disabled as ...
Read More »Workers' Comp – Occupational Disease – Deputy Sheriff – Heart Disease 
Although the city relies on an opinion initially stated by a cardiologist who reviewed the deputy sheriff’s medical records to argue that the deputy’s heart disease was not related to his employment, the cardiologist’s opinion was limited to his review ...
Read More »Workers' Comp – Back Injury – Cleaning Bath Tubs 
Where the nursing home administrator testified that she never felt a sharp, sudden pain, but noticed a pain in her back after her work shift, which included cleaning bathtubs, and claimant did not go to the emergency room or seek ...
Read More »Criminal – Search & Seizure – Auto Stop – Discovery – Defendant's Statement 
Where the deputy, at approximately 2:30 a.m., saw defendant driving slowly behind the closed public library in the same area near Route 3 where a number of “smash and grab” larcenies recently had occurred, the officer could reasonably have believed, ...
Read More »Domestic Relations – Equitable Distribution – Pension & Profit-Sharing Plan 
Where husband already has received distributions from an employee savings plan, an employee stock ownership plan, and from his employee contributions to his retirement plan, the wife is entitled to a lump sum award which will give her 50 percent ...
Read More »Domestic Relations (306092) 
Date Of Separation Where the husband, prior to and upon returning his wife to India in 1984 for psychological treatment, articulated his intent to permanently separate from his wife, not only to his wife, but also to friends and members ...
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