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| Division of Youth and Family Services v. M.M., DOCKET NO. A-5528-04T4, A-5529-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 12, 2006, Decided
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Overview: Where the father was a competent parent but where it was in the child's best interests under N.J. Stat. Ann. § 30:4C-15.1(a) to terminate the mother's parental rights, the trial court improperly terminated the father's parental rights. It was improper to hold the father responsible for the mother's shortcomings.
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| Notte v. Merchs. Mut. Ins. Co., A-19 September Term 2005,
SUPREME COURT OF NEW JERSEY, January 12, 2006, Decided
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Overview: Because a supervisor's N.J. Ct. R. 4:9-1 amended claims merely relabeled conduct that had already been pleaded, the employer and insurer were not prejudiced thereby, and, pursuant to N.J. Ct. R. 4:9-3, the claims would relate back to the original complaint if they were not waived under N.J. Stat. Ann. § 34:19-8.
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| State v. Nesbitt, A-114 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 12, 2006, Decided
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Overview: Although a hypothetical question improperly relied on terminology from N.J. Stat. Ann. §§ 2C:35-5(a)(1), 2C:2-6, it did not refer to defendant by name and did not ask for an opinion as to his guilt; therefore, pursuant to N.J. R. Evid. 702, 704, the expert could testify about methods used by confederates in street-level drug sales.
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| In re Patterson, DOCKET NO. A-2865-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 17, 2006, Decided
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Overview: An administrative board erred in denying a police officer's application for accidental disability benefits under N.J. Stat. Ann. § 43:15A-43, as a single incident of public harassment by a superior was sufficient to constitute a traumatic event which caused the officer's disabling depression and post traumatic stress disorder.
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| Ongaro v. Country Flooring Enterprises, DOCKET NO. A-1965-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 17, 2006, Decided
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Overview: A workers' compensation judge erred in finding that an insurer violated N.J. Stat. Ann. § 34:15-81 by submitting a notice of policy cancellation to a state agency which contained typographical errors concerning the date of cancellation, as the errors did not amount to a material deviation from the "like notice" requirements of the statute.
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| State, Div. of Youth & Family Services v. C.R., Docket No. FN-06-178-05,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, FAMILY PART, CUMBERLAND COUNTY, January 17, 2006, Decided
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Overview: A father was not entitled to a suspended judgment in a child abuse case, under N.J. Stat. Ann. § 9:6-8.52, because, while he had no prior record, the abuse incident resulted in significant harm, he did not show sufficient acknowledgment of his actions, and, while he complied with ordered services, he deliberately chose not to visit his children.
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| Aqua Beach Condominium Ass'n v. Dep't of Cmty. Affairs, Bureau of Homeowners Protection, New Home Warranty Program, A-111 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 18, 2006, Decided
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Overview: The final decision of the Commissioner of the Department of Community Affairs barring a condominium association's claims for reimbursement from the Home Warranty Security Fund for repairs under N.J. Stat. Ann. §§ 46:3B-1 to -20 was upheld on appeal since the association never followed up with the required estimates it had to submit.
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| Catholic Cmty. Servs. v. City of Newark, DOCKET NO. A-3478-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 18, 2006, Decided
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Overview: A religious services organization did not lose its tax-exemption on a building and parking lot it leased to the United States Post Office because the intent of the legislature with regard to N.J. Stat. Ann. § 54:4-3.6 was to preserve a lessor organization's exemption when they leased property to another non-tax paying entity.
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| Loigman v. Twp. Comm., A-99 September Term 2004,
SUPREME COURT OF NEW JERSEY, January 18, 2006, Decided
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Overview: The litigation privilege applied to the filing of a spurious sequestration motion on the part of a township's attorney; therefore, a judgment in favor of a community activist with regard to his 42 U.S.C.S. § 1983 claim, after essentially being sequestered from a public hearing, was reversed as the township and its counsel were absolutely immune.
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