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| City of East Orange v. Kynor, DOCKET NO. A-4383-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 10, 2006, Decided
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Overview: Taxpayer sought to set aside final judgment of foreclosure of tax lien. If, as she alleged, the city required payment in an amount above that stated in the complaint and published notice, this was fundamentally unfair and a violation of her due process rights, justifying relief under N.J. Ct. R. 4:50-1(f).
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| Shaler ex rel. Shaler v. Toms River Obstetrics & Gynecology Associates, DOCKET NO. A-3633-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 10, 2006, Decided
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Overview: In a medical malpractice suit wherein a settlement was reached with the insolvent insurer, the New Jersey Property-Liability Insurance Guaranty Association was not obligated to pay the statutory maximum since the coverage trigger language in the excess policy required full primary coverage payment before any excess policy obligation arose.
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| State v. Walker, DOCKET NO. A-3632-02T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 10, 2006, Decided
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Overview: With regard to defendant's convictions for drug possession and related offenses, the failure of the police to follow the knock and announce terms of the search warrant were reasonable under the circumstances since a look-out warning of the officers' approach created the exigent circumstances and doors and windows were fortified with barriers.
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| Stomel v. City of Camden, DOCKET NO. A-0490-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 10, 2006, Decided
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Overview: A public defender, who was terminated by a mayor after reporting that he was asked for a contribution to the mayor's campaign to secure his position, was an employee of the city and, therefore, a trial court erred in dismissing the attorney's claims against the city under the Conscientious Employee Protection Act, N.J. Stat. Ann. §§ 34:19-1 to -8.
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| Ramapo River Reserve Homeowners Ass'n v. Borough of Oakland, A-135 September Term 2004,
SUPREME COURT OF NEW JERSEY, March 13, 2006, Decided
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Overview: A municipality was permitted to delegate its statutory obligations for snow and ice removal under N.J. Stat. Ann. § 40:67-23.3 to a developer per written agreement until such time as the developer's control over the homeowners association established pursuant to N.J. Stat. Ann. §§ 45:22A-21 to -56 terminated.
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| State v. Rodriguez, DOCKET NO. A-5914-01T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 13, 2006, Decided
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Overview: Forfeiture of defendant's position as a police officer was mandatory upon his conviction of third-degree leaving the scene of a fatal accident, and as that crime "involved or touched" his position as a police officer, forfeiture of future public employment was also required, pursuant to N.J. Stat. Ann. § 2C:51-2(a)(1) and (d).
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| State v. Taylor, APPEAL NO. 02-2006,
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CRIMINAL, CAMDEN COUNTY, March 13, 2006, Decided
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Overview: While the State proved that defendant made a false police report, it failed to prove beyond a reasonable doubt that she did so with the mental state required by N.J. Stat. Ann. § 2C:28-4(b)(1), namely that she did so knowing that the incident reported did not occur, since defendant presented abundant evidence of a diminished mental state.
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| Echeverri v. Blakely, DOCKET NO. A-4190-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 14, 2006, Decided
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Overview: As plaintiff lived with his mother and her policy designated him as driver of her vehicle, he was bound by her selection of the limitation on lawsuit option. As he also owned autos garaged in New Jersey, he could not recover for the injuries he sustained in motorcycle accident because he did not meet N.J. Stat. Ann. § 39:6A-8(a)'s injury threshold.
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| Liberty Mut. Ins. Co. v. Land, A-125 September Term 2004,
SUPREME COURT OF NEW JERSEY, March 14, 2006, Decided
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Overview: The standard of proof required under the New Jersey Insurance Fraud Prevention Act (IFPA), N.J. Stat. Ann. §§ 17:33A-1 to -30, was held to be the preponderance of the evidence in an IFPA suit brought by an insurer against two insureds and an adjuster with regard to a homeowners' insurance policy.
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