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| First Union Nat. Bank v. Penn Salem Marina, Inc., DOCKET NO. A-3128-04T13128-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 17, 2006, Decided
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Overview: In a mortgage foreclosure action, a previously adjudicated law division judgment obtained on the promissory note evidencing the underlying debt did not limit the amount of the foreclosure judgment obtained by the mortgagee in the separate foreclosure action.
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| In re Hospitals' Petitions For Adjustment of Rates For Reimbursement of Inpatient Services to Medicaid Beneficiaries, DOCKET NOS. A-1158-03T3, A-1167-03T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 17, 2006, Decided
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Overview: The Division of Medical Assistance and Health Services' final decision denying a rate appeal filed by a group of hospitals was upheld as it was proper for the Division to utilize disproportionate share hospital payments as revenue in calculating whether the hospitals sustained a marginal loss pursuant to N.J. Admin. Code § 10:52-9.1(b)(2).
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| State v. Dispoto, DOCKET NO. A-0146-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 17, 2006, Decided
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Overview: Miranda warnings given, albeit pre-arrest, were insufficient to carry over to the time defendant was arrested, approximately one and one-half hours later, and had to be repeated. As a search warrant relied on defendant's suppressed admission for probable cause, recovered drugs and drug paraphernalia were fruits of the poisonous tree.
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| Wood v. Jackson Tp., DOCKET NO. A-3317-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 17, 2006, Decided
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Overview: After claimant died, employer was required to pay widow the full compensation rate because widow was entitled to a modification of the workers' compensation award to make up for the social security benefits no longer received where the social security benefits offset under N.J. Stat. Ann. § 34:15-95.5 did not continue after the claimant's death.
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| Riya Finnegan, LLC v. Township Council of South Brunswick, DOCKET NO. MID-L-2271-05,
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, MIDDLESEX COUNTY, February 21, 2006, Decided
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Overview: An ordinance enacted by a township that changed the zoning of an owner's property from commercial to office park was deemed inverse spot zoning and an arbitrary action by the township since it only affected the owner's property and the township's planning board had otherwise no problems with the owner's site plan application for development.
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