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| Walrond v. County of Somerset, DOCKET NO. A-3265-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 3, 2006, Decided
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Overview: Trial court erred in dismissing an injured party's personal injury action against a city police academy, as the injured party, a police officer, was not a special employee of the academy, but instead was a volunteer, and therefore the workers' compensation exclusivity rule, N.J. Stat. Ann. § 34:15-8, did not apply.
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| Chester A. Asher, Inc. v. Director, Div. of Taxation, DOCKET NO. 004061-2003,
TAX COURT OF NEW JERSEY, January 5, 2006, Decided
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Overview: Because a corporation's drivers not only delivered the corporation's candies, but also collected payments and occasionally accepted returned candies, the activities were not de minimus and exceeded solicitation of orders protected by 15 U.S.C.S. § 381; the corporation was subject to tax under N.J. Stat. Ann. §§ 54:10A-1 to -41.
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| Ramsey Teachers Ass'n v. Board of Educ. of Borough of Ramsey, DOCKET NO. A-0733-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 9, 2006, Decided
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Overview: N.J. Stat. Ann. § 18A:40-3.3 was interpreted to not require the physical presence in a school building of a certified school nurse at all times during which a non-certified nurse was regularly scheduled to perform supplementing services to the certified school nurse.
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| State v. Dunlap, A-80/81 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 10, 2006, Decided
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Overview: Because defendant was removed and secured, pursuant to N.J. Const. art. I, para. 7, the vehicle from which he alighted could not be searched incident to his arrest; although there was probable cause to search the vehicle, exigent circumstances did not exist to permit a warrantless search under the automobile exception.
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| State v. Eckel, A-95 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 10, 2006, Decided
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Overview: Since neither purpose of search incident to arrest exception to warrant requirement, protection of police and preservation of evidence, could be advanced by searching vehicle of a person who had been arrested, removed, and secured elsewhere, such search was incompatible under N.J. Const. art. I, para. 7. Court declined to adopt New York v. Belton.
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| Greenfield v. New Jersey Dept. of Corrections, DOCKET NO. A-0997-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 11, 2006, Decided
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Overview: Because the Sexually Violent Predator Act, N.J. Stat. Ann. §§ 30:4-27.24 to -27.38, provided due process and general fairness safeguards, an inmate was not entitled to review the material on which a possible referral would be based or to address the referring committee before a decision was made.
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| In re Freshwater Wetlands Statewide Gen. Permits, A-115 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 11, 2006, Decided
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Overview: Because the neighbors received a trial-type hearing before a planning board under N.J. Stat. Ann. §§ 40:55D-10(d), 52:14B-3.1, -3.3, and because the threat to their property was speculative, U.S. Const. amend. XIV, § 1 and N.J. Const. art. I, para. 1 did not require additional procedural safeguards by the environmental department.
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| In re NJPDES Permit No. NJ0025241, A-116 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 11, 2006, Decided
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Overview: Because there were no adjudicative facts in issue, and an environmental organization's claims were mainly policy disputes, the environmental department properly rejected the organization's N.J. Stat. Ann. § 58:10A-7(e) request for party status, and denied an administrative hearing on the organization's objections to a discharge permit.
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| Moore v. Board of Trustees of State Police Retirement System, DOCKET NO. A-3474-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 11, 2006, Decided
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Overview: Although the racial harassment and coerced participation in racial profiling to which a police officer was subjected were highly offensive, they did not constitute a series of "traumatic events" within the intent of N.J. Stat. Ann. § 53:5A-10; consequently, the officer was not entitled to accidental disability pension benefits.
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