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   State Courts - New Jersey - February 10 - February 16, 2006

  
Barblock v. Barblock, DOCKET NO. A-3648-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 10, 2006, Decided
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Overview: Failure to conduct plenary hearing before granting ex-wife's application, pursuant to N.J. Stat. Ann. § 9:2-2, to remove minor children to New York was not error since ex-husband failed to muster adequate proof that there was genuine issue of fact to warrant trial. Baures test was properly applied because there was no shared parenting arrangement.

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Bernoskie v. Zarinsky, DOCKET NO. A-0460-03T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 10, 2006, Decided
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Overview: Equitable tolling of the N.J. Stat. Ann. § 2A:31-3 two-year statute of limitations applicable to wrongful death and survivor claims was not guaranteed where defendant was acquitted of murder and the death of every potential defense witness during the more than 40-year period since the crime seriously impaired his ability to defend the claims.

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Pellettieri, Rabstein & Altman v. Protopapas, DOCKET NO. A-2482-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 10, 2006, Decided
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Overview: The trial court erred in granting partial summary judgment to the former client because the law firm's complaint was filed approximately five years and 10 months after the attorney-client relationship ceased, which was within the six-year statute of limitations, N.J. Stat. Ann. § 2A:14-1, for attorney fees arising from a retainer agreement.

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In re Guarrasi, D-93 September Term 2005, SUPREME COURT OF NEW JERSEY, February 16, 2006, Filed
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In re Harris, D-41 September Term 2005, SUPREME COURT OF NEW JERSEY, February 16, 2006, Filed
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In re Monahan, D-65 September Term 2005, SUPREME COURT OF NEW JERSEY, February 16, 2006, Filed
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State v. Felsen, DOCKET NO. A-1061-04T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 16, 2006, Decided
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Overview: Evidence of defendant's intent to defraud the State's regulatory program concerning the dispensing of prescription drugs by attempting to pass a forged prescription to a regulated pharmacy satisfied the statutory requirement that the individual committed the act with a purpose to defraud or injure another under N.J. Stat. Ann. § 2C:21-1(a).

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