What is the current state of the law in this case?

Indeed, this is the approach that courts have followed in the two cases that are fairly closely on point. (Carroll v. Blinken (2d Cir.1992) 957 F.2d 991, cert. den. (1992) 506 U.S. 906, 113 S.Ct. 300, 121 L.Ed.2d 224; Galda v. [4 Cal.4th 856] Rutgers (3d Cir.1985) 772 F.2d 1060, cert. den. (1986) 475

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