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   State Courts - New Jersey - January 25 - January 26, 2006

  
Fitzgerald v. Tom Coddington Stables, A-119 September Term 2004, SUPREME COURT OF NEW JERSEY, January 25, 2006, Decided
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Overview: As a horse-trainer employee was not a "horse racing industry employee" as defined by former N.J. Stat. Ann. § 34:15-131 of the New Jersey Horse Racing Injury Compensation Board Act, her employer, not the New Jersey Horse Racing Compensation Injury Compensation Board, was obliged to pay her worker compensation benefits.

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In re Blacker, D-74 September Term 2005, SUPREME COURT OF NEW JERSEY, January 25, 2006, Filed
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In re Simms, D-75 September Term 2005, SUPREME COURT OF NEW JERSEY, January 25, 2006, Filed
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Winner v. Revill, DOCKET NO. A-6750-03T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 25, 2006, Decided
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Overview: Trial court properly granted injured parties' motion to compel arbitration of a dispute concerning UIM benefits, as the injured parties did not forfeit those benefits by accepting a settlement of claims against the tortfeasor, and the UIM clause in the disputed policy remained in full force and effect.

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County of Essex v. First Union Nat. Bank, A-107/A-108 September Term 2004, SUPREME COURT OF NEW JERSEY, January 26, 2006, Decided
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Overview: As bank officer bribed county official to obtain underwriting privileges on bond issues, bank was obliged to disgorge all fees it received in connection with the bond transactions, but not fees it paid to innocent underwriters. As trial court erred by imposing burden of proof on county to prove bank shared underwriting fees, remand was required.

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Hornet Exp. v. Zurich American Ins. Group, DOCKET NO. A-7135-03T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 26, 2006, Decided
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Overview: Trial court erred in denying an insurer's summary judgment motion in a trucking company's action seeking a declaration that the insurer was obligated to provide benefits for injuries suffered by a worker in Pennsylvania, as the policy unambiguously stated that it only applied to workers' compensation benefits awarded in New Jersey.

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In re Commitment of M.M., A-7 September Term 2005, SUPREME COURT OF NEW JERSEY, January 26, 2006, Decided
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In re Santiago, D-89 September Term 2005, SUPREME COURT OF NEW JERSEY, January 26, 2006, Decided , January 26, 2006, Filed
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Parker v. City of Trenton, DOCKET NO. A-0440-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, January 26, 2006, Decided
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Overview: Order denying reconsideration of partial summary judgment was plainly unappealable as interlocutory under N.J. Ct. R. 2:5-6, as counts alleging retaliation and spoliation of evidence survived. Judicial economy would be better served by considering all issues on appeal of summary judgment order.

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