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20 Jan 2011, 1:09 pm by essex county criminal lawyer
In State v Ciancaglini the New Jersey Supreme Court finally answered the question as to whether a prior conviction for refusal will enhance the penalties for a subsequent charge of DWI in New Jersey. [read post]
18 Nov 2010, 1:49 am by Andrew Lavoott Bluestone
On a motion to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
10 Sep 2010, 10:00 am by Patrick McKinney
Insurance Company of the State of Pennsylvania: Does a proceeding before the United States Department of the Interior Board of Contract Appeals constitute a “suit” such as to trigger insurance coverage under a commercial general liability policy? [read post]
25 Jul 2011, 4:23 am by John Day
  As mentioned above, this 20-page opinion does a wonderful job explaining why the federal standard of review of motions to dismiss for failure to state a claim should not be adopted by a state court. [read post]