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B-DC: PACA claims are trust, not secured claims, so no req't (as per §506b) that claim be oversecured to get atty fees. http://www.bankruptcylitigationblog.com/uploads/file/JK-BK-DC-TEEL-10-4-11.pdf … B-AL: Truck lease w/ "Terminal Rental Adjustment Clause" (TRAC) is "true lease" and not lease intended as security. http://www.bankruptcylitigationblog.com/uploads/file/HB-BK-ND-AL-CADDELL-9-29-11.pdf … B-OH:… [read post]

Bankruptcy Litigation Blog - http://www.bankruptcylitigationblog.com/

Ordinarily, when parties to a contract have agreed to be governed by the laws of a particular state, New Jersey courts will uphold the contractual choice if it does not violate New Jersey’s public policy

29 Aug 2012, 7:45 am by PaulKostro

Law Lessons from State of New Jersey v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

CA8: Search warrant for apartment includes its on premises storage unit

29 Aug 2012, 7:05 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

A court must make a choice of law decision only when the case is connected to more than one state and the laws of the involved states differ on the point in issue

28 Aug 2012, 9:43 am by PaulKostro

Pfizer, Inc. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

More Suits By Businesses and Schools Challenging Affordable Care Act Mandate

24 Aug 2012, 4:05 am by Howard Friedman

Department of Health & Human Services, (ND IL, filed 8/22/2012) alleges that the federal Mandate, as well as a similar state law mandate, violate plaintiffs' rights under the 1st Amendment and RFRA and under parallel state statutory and constitutional provisions. [read post]

Religion Clause - http://religionclause.blogspot.com/

Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent

20 Aug 2012, 2:46 pm by PaulKostro

Law Lessons from State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Kidnapping requires that a defendant either unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or unlawfully confines another for a substantial period

18 Aug 2012, 3:48 am by PaulKostro

In State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Punitive Damages

15 Aug 2012, 7:52 am by PaulKostro

Nat’l State Bank, 161 N.J. 220, 232 (1999). [read post]