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| Banner v. Hoffmann-La Roche Inc., DOCKET NO. A-4493-03T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 28, 2006, Decided
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Overview: A pregnancy prevention form developed by a pharmaceutical company before a patient received Accutane was held, as a matter of law, adequate to have warned a woman under N.J. Stat. Ann. §§ 2A:58C-1 to -11 with regard to her products liability case that was dismissed for failure to state a claim since she was to remain abstinent but did not.
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| Brighton v. Borough of Rumson, DOCKET NO. A-3383-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 28, 2006, Decided
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Overview: The application of property owners to have their property valued, assessed, and taxed as farmland was properly denied where it was determined that the bulk of the 6.167 acres was occasionally used by horses; therefore, the owners failed to establish that at least five acres was dominantly used for agricultural use under N.J. Stat. Ann. § 54:4-23.2.
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| Dietz v. Socolow, DOCKET NO. A-2885-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 28, 2006, Telephonically Argued , February 28, 2006, Decided
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Overview: Retired superior court judge, who was receiving judicial pension while serving as workers compensation judge, was not entitled to enroll in workers compensation judges' retirement system; policy reflected in N.J. Stat. Ann. § 43:3C-1 prohibited a person receiving a pension through public employment from enrolling in another public pension system.
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| Rowe v. Hoffmann-La Roche Inc., DOCKET NO. A-4522-03T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 28, 2006, Decided
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Overview: In a products liability failure-to-warn case wherein a conflict of law existed, an appellate court held that New Jersey law applied as opposed to Michigan law, which immunized the pharmaceutical company, since Michigan's immunity statute was contrary to New Jersey's interest expressed in the enactment of N.J. Stat. Ann. § 2A:58C-4.
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| D.R. Horton, Inc.-New Jersey v. New Jersey Dept. of Environmental Protection, DOCKET NO. A-2645-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 1, 2006, Decided
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Overview: The time limitation of N.J. Stat. Ann. § 13:9B-21(d) was subject to the substantial compliance doctrine, and the corporation's request for an administrative hearing satisfied the substantial compliance requirements where the corporation took appropriate steps to comply with the statute by mailing its request four days before the deadline.
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| DeSoto v. Smith, DOCKET NO. A-6730-03T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 1, 2006, Decided
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Overview: Pursuant to N.J. Stat. Ann. § 40A:9-131, an acting mayor assumed all the powers of mayor. As N.J. Stat. Ann. § 40:69A-43 and the city's code authorized a mayor to remove corporate counsel at his discretion, the trial court properly dismissed counsel's challenge to her removal.
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| In re RCN of NY, A-138 September Term 2004,
SUPREME COURT OF NEW JERSEY, March 1, 2006, Decided
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Overview: A provider's satellite master antenna system (SMATV), that retransmitted its satellite signal through wires that ran underneath a building complex's public streets, was using any public right-of-way within the meaning of the Federal Cable Act, 47 U.S.C.S. § 522(7)(B) and was, therefore, subject to the state's regulating authority.
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| State v. Fleischman, DOCKET NO. A-0199-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 1, 2006, Decided
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Overview: The trial court did not err in dismissing count one of an indictment, charging defendant with second-degree insurance fraud under N.J. Stat. Ann. § 2C:21-4.6(b), because several lies contained in a single fraudulent report or document did not each constitute a separate act of insurance fraud under N.J. Stat. Ann. § 2C:21-4.6(b).
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| In re Van Orden, DOCKET NO. A-0540-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 2, 2006, Decided
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Overview: Notwithstanding the requirement set forth in N.J. Admin. Code § 17:2-6.3 prohibiting a change in a pension benefit beyond 30 days after an application was approved, the Board of Trustees of the Public Employees' Retirement System, for good cause shown, had the inherent power to reopen its own proceeding to consider the requested relief.
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