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| Brenman v. Demello, DOCKET NO. A-2100-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2006, Decided
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Overview: As only issue was cause of plaintiff's injuries, and parties' experts conceded absence of correlation between extent of vehicle damage and injury, it was error to admit photos showing minimal impact to plaintiff's vehicle without limiting instruction and to allow defendant to argue that low impact accident could not have caused plaintiff's injury.
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| Ellison v. Creative Learning Center, DOCKET NO. A-1625-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2006, Decided
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Overview: Private pre-school that offered programs to the public through advertisements and was subject to regulation by New Jersey Department of Human Services was a place of public accommodation under the New Jersey Law Against Discrimination, N.J. Stat. Ann. §§ 10:5-1 to -49, despite its selective admissions criteria.
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| Hodges v. Feinstein, Raiss, Kelin & Booker, LLC, DOCKET NO. A-5903-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2006, Decided
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Overview: The federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. §§ 1692-1692o, applied to attorneys regularly engaged in the practice of prosecuting summary dispossess actions; therefore, a trial court erroneously dismissed the complaint of two tenants, which claimed a violation of the FDCPA against their landlord's attorney.
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| Pasqua v. Council, A-131-04,
SUPREME COURT OF NEW JERSEY, March 8, 2006, Decided
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Overview: Indigent parents charged with violating child support orders and who became subjected to coercive incarceration at ability-to-pay hearings were held to have the right to appointed counsel under the Fourteenth Amendment Due Process Clause and N.J. Const. art. I, para. 1.
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| State v. Howard, DOCKET NO. A-1383-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2006, Decided
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Overview: The State was not required to present affirmative proof that defendant was advised of his or her right to independent testing under N.J. Stat. Ann. § 39:4-50.2(c) and (d) in order to have sustained his conviction of a per se violation under N.J. Stat. Ann. § 39:4-50(a).
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| Village Apartments of Cherry Hill, N.J. v. Novack, DOCKET NO. A-1013-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2006, Decided
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Overview: Trial court erred by trying a summary dispossess action against a tenant in the absence of the tenant's guardian. As the court knew tenant did not satisfy the "sound mind" requirement of N.J. Stat. Ann. § 2A:15-1, it should have appointed a guardian ad litem under N.J. Ct. R. 4:26-2; because it did not, the court lacked jurisdiction over tenant.
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| Wyche v. Unsatisfied Claim and Judgment Fund of State, DOCKET NO. A-2738-04T3, A-2835-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2006, Decided
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Overview: N.J. Stat. Ann. § 39:6-73(c)(1)'s $15,000 limit on recovery for personal injury from New Jersey Unsatisfied Claim and Judgment Fund could not be increased by award in excess of that amount in N.J. Ct. R. 4:21A-1 arbitration; Fund's failure to seek trial de novo after award in excess of its statutory liability did not increase its liability.
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| In re Cozzarelli, D-85 September Term 2005,
SUPREME COURT OF NEW JERSEY, March 9, 2006, Filed
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Overview: Although an attorney violated N.J. Ct. R. Prof. Conduct 8.4(b), (c) by pleading guilty to tax evasion, the 13 months that the attorney had been already been suspended constituted adequate discipline for the unethical conduct; therefore, the attorney was eligible for reinstatement.
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| In re Musto, D-79 September Term 2005,
SUPREME COURT OF NEW JERSEY, March 9, 2006, Filed
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