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U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Attorneys For Plaintiff: Caplin & Drysdale, Chartered By: Elihu Inselbuch, Esq. Of Counsel
Fertilizer Manufacturers Not Liable for World Trade Center Bombing
Fertilizer manufacturers can't be held legally responsible for the 1993 bombing of the World Trade Center in New York City even if it could be shown that they had known for years how to make a product that wouldn't detonate when combined with fuel oil, the 3rd U.S. Circuit Court of Appeals has ruled. ``Manufacturers have no duty to prevent a criminal misuse of their products which is entirely foreign to the purpose for which the product was intended,'' U.S. Circuit Judge Jane R. Roth wrote.N.J. Law Is Not the Law of Choice
The majority of federal courts in New Jersey have held that the law of the consumer's home state should be applied when a product is purchased in that state and the seller has a corporate place of business in New Jersey. Adoption of this majority rule may present a barrier to class certification as applying so many different standards is unwieldy and impracticable.How To Recognize and Remedy an Unauthorized Financing Statement
There are ways to recognize the false UCC-1 financing statement scheme and minimize the disruption and expense caused by bogus UCC-1 financing statements.Supreme Court of the State of New York Appellate Division: Third Judicial Department Decided and Entered: December 6, 2007 502924 In the
Getting Harder To Blame It on the Bank
Two recent cases have diluted a defense often used by defendants attempting to resist or otherwise delay foreclosure proceedings by claiming that the lender failed to comply with N.J.'s Fair Foreclosure Act.Trigger-of-Coverage for Employment Claims
Coverage in employment cases: continuous trigger vs. manifestation trigger.Attempting To Clarify Spill Act Liability Issues
In a provocative opinion, the Supreme Court of New Jersey last fall decided its first Spill Compensation and Control Act liability case in 15 years, N.J. Dep't of Envtl. Prot. v. Dimant, 212 N.J. 153 (2012). The court's thorough opinion addresses a wide range of important Spill Act issues that invite analysis and commentary.Court 'Modifies' Opinion 33 Right Out of Existence
The NJ Supreme Court last week cleared the way for state or local governments to hire the counsel of their choice on complex bond issues, though the justices paid lip service to the desirability of using local lawyers for more mundane matters. Gutting a decision by one of its standing committees, the Court concluded that it is not the unauthorized practice of law for an out-of-state bond firm to be hired by a New Jersey entity to serve as bond counsel, unless a bond issue warrants expertise.Trending Stories
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