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| Tarr v. Bob Ciasulli's Mack Auto Mall, Inc., DOCKET NO. A-6383-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 26, 2007, Decided
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Overview: As New Jersey Punitive Damages Act, N.J.S.A. §§ 2A:15-5.9 to -5.17, prohibited enhancing a punitive damage award for general deterrence purposes, court erred in condoning plaintiff's argument to jurors that by amount of their punitive damage award, they could send a message that would deter others from allowing sexual harassment in the workplace.
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| Woodview Condominium Ass'n, Inc. v. Shanahan, DOCKET NO. A-1018-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 26, 2007, Decided
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Overview: As seller of condominium units benefited from the services and utilities furnished by a condominium association while he was a mortgagee in possession of those units, he was liable to association under N.J.S.A. § 46:8B-3(e) for his pro rata share of those costs even though he did not hold legal title to the units.
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| J.D.A. v. New Jersey Dep't of Corrections, A-22 September Term 2005,
SUPREME COURT OF NEW JERSEY, February 27, 2007, Decided
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Overview: While N.J. Department of Corrections (DOC) could contract with a private company to maintain inmates' medical records, it had a non-delegable duty to ensure that such records were complete and accurate. DOC was thus ordered to supplement N.J.A.C. 10A:22-2.7 with regulations codifying its obligations for inmate medical care and record keeping.
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| State v. Davis, DOCKET NO. A-2607-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 27, 2007, Decided
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Overview: Defendant "taught" police officer, who posed over the internet as a 14-year-old girl, how to masturbate. He was properly convicted of attempted sexual assault, N.J.S.A. §§ 2C:14-2(c)(4), 2C:5-1(a)(3), as there was no requirement for him to meet with targeted victim for his preliminary "grooming" actions to ripen into an attempted sexual assault.
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| State v. Rosario, DOCKET NO. A-1039-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 27, 2007, Decided
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Overview: Defendant, who entered a guilty plea to murder in New York in reliance on an offer from a prosecutor in New Jersey as to what the offer would be in New Jersey if he entered a guilty plea in New York, was entitled to enforce the New Jersey offer upon defendant's return to New Jersey.
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| Township of Wantage v. Rivlin Corp., DOCKET NO. 008697-2006,
TAX COURT OF NEW JERSEY, February 27, 2007, Letter Opinion; May 25, 2007, Formal Opinion
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Overview: Under N.J.S.A. § 54:4-23.16 of the New Jersey Farmland Assessment Act, if the primary reason for property owner's non-agricultural use of a portion of its lot was not to benefit agricultural use of the balance of the lot, township could impose rollback taxes on non-farmed portion; therefore, it was granted partial summary judgment on this issue.
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| Cooper v. Consolidated Rail Corp., DOCKET NO. A-0073-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 28, 2007, Decided
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Overview: That plaintiffs were pro se for much of the time after initial dismissal of their suit was not an "exceptional circumstance" necessary to avoid dismissal with prejudice under R. 4:23-5(a)(2), as court had painstakingly explained to them their obligation to provide all outstanding discovery within 90 days and consequences of their failure to do so.
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| Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., A-91 September Term 2005,
SUPREME COURT OF NEW JERSEY, February 28, 2007, Decided
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Overview: An insurer was properly granted summary judgment denying coverage for a malpractice suit filed against a law firm, as the firm knew at the time it completed an insurance application that courts had ruled that it had filed a complaint after the statute of limitations expired, but it failed to disclose this information on the application.
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| Township of Maplewood v. Township of South Orange Village, DOCKET NO. A-0466-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 28, 2007, Decided
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Overview: Under N.J.S.A. § 18A:22-55, a board of school estimate (BSE) majority had to include both (i) a majority of members of the full BES, and (ii) a majority of the members appointed by the participating townships, as the legislature did not intend to require majority approval by the sub-group from each township in order to pass a measure.
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