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| Espinal v. Arias, DOCKET NO. A-2445-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2007, Decided
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Overview: Where permanency and cause of plaintiff's injuries was at issue, trial court reversibly erred in qualifying a defense expert under N.J. R. Evid. 702 by unfairly limiting defense counsel's opportunity to qualify his medical expert, in essence requiring defense counsel to accept the stipulation of plaintiff's counsel as to witness's qualifications.
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| Pizzullo v. New Jersey Mfrs. Ins. Co., DOCKET NO. A-1395-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2007, Decided
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Overview: That an insurer misrepresented the scope of its policy's UIM coverage did not equitably estop it from denying UIM coverage to its insureds, as the insurer complied with requirements of N.J.S.A. § 17:28-1.9(a) and was thus entitled to immunity; equitable considerations could not trump the public policy enunciated by the legislature in § 17:28-1.9.
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| Rivard v. American Home Products, Inc., DOCKET NO. A-2478-05T3, DOCKET NO. A-4931-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 8, 2007, Decided
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Overview: Since three drug companies did not intentionally add a monkey virus to an oral polio vaccine, the exception of 42 U.S.C.S. § 300aa-33(5) did not apply to a negligence suit brought by the parents of a deceased daughter who received the vaccine since the parents were obligated to exhaust their vaccine-related claims before the federal Vaccine Court.
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| State v. DuBois, A-102 September Term 2005,
SUPREME COURT OF NEW JERSEY, March 8, 2007, Decided
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Overview: In a criminal proceeding, a trial court did not abuse its discretion in finding that defendant knowingly and intelligently waived his right to counsel because the record amply demonstrated that defendant had standby counsel whom he consulted at least twice and his background and unshakable determination evidenced that he appreciated the risks.
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| Chakravarti v. Pegasus Consulting Group, Inc., DOCKET NO. A-0651-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 9, 2007, Decided
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Overview: Reducing lodestar fee in making counsel fee award, due to plaintiff's voluntarily dismissal of five of six counts of her complaint, was error; as she prevailed on her gender discrimination claim, dismissal of her retaliation, Conscientious Employee Protection Act, and breach of contract claims did not mean she achieved only partial success.
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| In re Ross, D-78 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 9, 2007, Decided , March 9, 2007, Filed
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| Mastondrea v. Occidental Hotels Management S.A., DOCKET NO. A-6412-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 9, 2007, Decided
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Overview: In a personal injury action, specific personal jurisdiction was maintainable by a New Jersey trial court over a Mexican resort that conducted, through an agent, targeted advertising directed to New Jersey residents and maintained contractual relationships with a travel entity headquartered in New Jersey but Mexican law applied.
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| UPS Oasis Supply Corp. v. Director, Div. of Taxation, DOCKET NO. 005150-2004,
TAX COURT OF NEW JERSEY, March 9, 2007, Decided
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Overview: Because a taxpayer failed to rebut the presumption of taxability set forth in N.J.S.A. § 54:32B-12(b) with regard to the purchase of a computer, the sale did not qualify as a non-taxable sale for resale as the computer was used by the taxpayer before it was resold and, therefore, a claim for a refund was denied.
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| Ruiz v. Mero, A-28 September Term 2006/29 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 13, 2007, Decided
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Overview: Police officer was assaulted by patrons of a bar when he responded to a disturbance call. The trial court erred in dismissing his suit against the bar's owners on grounds it was barred by the firefighter's rule, because that common-law rule was abrogated by N.J.S.A. §§ 2A:62A-21, -22.
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