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   State Courts - New Jersey - January 12 - January 18, 2007

  
Britten v. Liberty Mut. Ins. Co., DOCKET NO. A-2440-05T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 12, 2007, Decided
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Overview: A daughter, who was entitled to recover PIP benefits under her personal auto insurance policy and who lived with her mother, was precluded from also recovering PIP benefits under her mother's auto insurance policy based on the anti-stacking provisions of N.J.S.A. § 39:6A-4.2 and the statutory exclusions contained in N.J.S.A. § 39:6A-7.

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Hesson v. Hesson, Docket No. FM-05-89-07, SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, CAPE MAY COUNTY, January 12, 2007, Decided
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Overview: Where wife's husband died after filing of complaint and entry of default, but before final decree of divorce was entered, she was entitled to restoration of her maiden name under N.J.S.A. § 2A:34-21, as no third parties' rights were affected and, but for the lack of entry of final divorce judgment, she would have been entitled to a name change.

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In re Dezao, D-36 September Term 2006, SUPREME COURT OF NEW JERSEY, January 12, 2007, Filed
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In re Lynch, D-32 September Term 2006, SUPREME COURT OF NEW JERSEY, January 12, 2007, Filed
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Sinclair v. Merck & Co., Inc., DOCKET NO. A-5661-04T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 16, 2007, Decided
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Overview: Plaintiffs sought medical monitoring on grounds that their exposure to defendant's drug increased their risk of incurring unrecognized myocardial infarctions. Court erred in granting defendant judgment on pleadings without giving plaintiffs chance to show "harm" cognizable under N.J. Stat. Ann. § 2A:58C-1 of the New Jersey Product Liability Act.

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In re Lynch, D-59 September Term 2006, SUPREME COURT OF NEW JERSEY, January 17, 2007, Filed
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In re Poley, D-60 September Term 2006, SUPREME COURT OF NEW JERSEY, January 17, 2007, Decided , January 17, 2007, Filed
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Markiewicz v. State Health Benefits Com'n, DOCKET NO. A-0507-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 17, 2007, Decided
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Overview: New Jersey State Health Benefits Commission, by denying occupational, speech, and physical therapy for a public employee's child who suffered from pervasive developmental disorder, violated N.J.S.A. §§ 52:14-17.29d and -17.29e, which mandated coverage of biologically-based mental illnesses under the same conditions provided for any other illness.

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Micheletti v. State Health Benefits Com'n, DOCKET NO. A-4418-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 17, 2007, Decided
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Overview: In denying coverage of speech and occupational therapy for a state employee's autistic child, New Jersey State Health Benefits Commission ignored the mandate of N.J.S.A. 52:14-17.29e that biologically-based mental illnesses be covered under the same terms and conditions as provided for any other illness.

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State v. Dispoto, A-103 September Term 2005, SUPREME COURT OF NEW JERSEY, January 18, 2007, Decided
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Overview: Uncorroborated statement by informant of unknown reliability that defendant planned to kill his wife did not provide probable cause to believe he made terroristic threats. Therefore, domestic violence search warrant issued under N.J. Stat. Ann. § 2C:25-28(j) was invalid, and statements and evidence obtained while executing it had to be suppressed.

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