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   State Courts - New Jersey - February 16 - February 23, 2007

  
Lissner v. Marburger, DOCKET NO. FM-11-111-02B, SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, FAMILY PART, MERCER COUNTY, February 16, 2007, Decided
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Overview: Father voluntarily retired at age 61; he did not establish that he did so for health reasons. Applying factors of N.J.S.A. § 2A:34-23(a), court refused to reduce his child support obligations as he failed to show that advantages to him of retiring and reducing his income substantially outweighed the harm to his children from reduced child support.

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Reilly v. AAA Mid-Atlantic Ins. Co. of New Jersey, DOCKET NO. A-5692-04T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 16, 2007, Decided
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Overview: Because the New Jersey Insurance Commissioner reasonably construed the term "at-fault accident" as used in N.J.A.C. 11:3-34.3 to include a one-car, weather-related accident in which the driver was not negligent, an insurer properly assessed a driver five eligibility points for such an accident under N.J.S.A. § 17:33B-14.

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Crespo v. Crespo, DOCKET NO. A-4359-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 20, 2007, Decided
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Overview: A father's child support arrears was suspended since the father was disabled and his only income was Supplemental Security Income (SSI) benefits. The father was entitled to a suspension of his payments against the arrears until such time as he had the ability to pay the arrears from income or assets, actual or imputed, other than SSI.

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Carmona v. Resorts Int'l Hotel, Inc., A-83 September Term 2005, SUPREME COURT OF NEW JERSEY, February 21, 2007, Decided
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Overview: Where a former employee sued his employer for retaliation in violation of N.J.S.A. § 10:5-12(d) of New Jersey Law Against Discrimination, the trial court erred by not instructing the jury that employee had to prove he had a reasonable, good-faith belief for his underlying discrimination complaint as the basis for his later retaliation complaint.

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L.W. ex rel. L.G. v. Toms River Regional School Bd. of Educ., A-111 September Term 2005, SUPREME COURT OF NEW JERSEY, February 21, 2007, Decided
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Overview: The New Jersey Law Against Discrimination was held to recognize a cause of action against a school district for student-on-student affectional or sexual orientation harassment. A school district was liable for such harassment when it knew or should have known of the harassment but failed to take reasonable remedial actions.

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In re Estate of Hope, DOCKET NO. A-3470-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 22, 2007, Decided
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Overview: As two heirs objected to receiving real property in kind, and evidence showed that developing half instead of all of the property would diminish the revenue it could generate, the court did not abuse its discretion under N.J.S.A. § 3B:23-3 by ordering the property sold and the cash divided between the heirs instead of dividing the property in kind.

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In re Weiner, D-182 September Term 2005, SUPREME COURT OF NEW JERSEY, February 22, 2007, Filed
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Overview: In a disciplinary proceeding, an attorney was suspended from the practice of law for a period of three months as a result of having been found to have violated N.J. Ct. R. Prof. Conduct 8.4(b) by engaging in criminal conduct that reflected adversely on an attorney's honesty, trustworthiness, or fitness as a lawyer and consenting to such violation.

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Block v. Plosia, DOCKET NO. A-4919-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 23, 2007, Decided
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Overview: In a dispute contractually referred to arbitration, pursuant to the New Jersey Arbitration Act of 2003, N.J.S.A. §§ 2A:23B-1 to -32, a party was entitled to fair and reasonable notice in advance of the arbitration session that the award may include extraordinary statutory remedies of treble damages and attorney's fees.

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In re Block, D-49 September Term 2006, SUPREME COURT OF NEW JERSEY, February 23, 2007, Filed
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Overview: An attorney was suspended for one year because he neglected his clients, mishandled client funds, failed to maintain a trust account, failed to cooperate with disciplinary authorities, and otherwise violated N.J. Ct. R. Prof. Conduct 1:3; 1.4(a); 1.5(b); 1.8(e) and (h)(2); 1.15(a) and (d); 1.15(b) and (d); 1.16(a)(2) and (d); 8.1(b); and 8.4(c).

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