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| Gloucester County Imp. Authority v. New Jersey Dep't of Environmental Protection, DOCKET NO. A-4284-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 21, 2007, Decided
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Overview: A notice of violation of the Solid Waste Management Act issued by the Department of Environmental Protection, which ordered the immediate cessation of the operation of a solid waste facility, was an order of abatement within the intent of N.J.S.A. § 13:1E-9(c), which entitled the recipient to an administrative hearing to challenge the notice.
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| In re Lowenstein, D-51 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 21, 2007, Filed
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| Morella v. Grand Union/New Jersey Self-Insurers Guar. Ass'n, DOCKET NO. A-0056-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 21, 2007, Decided
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Overview: An employee, whose injury occurred before the employer's insolvency, was not required to file a proof of claim in the employer's bankruptcy proceeding before qualifying for workers' compensation payments under N.J.S.A. § 34:15-120.18(a) since the injury occurred before the employer's insolvency.
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| Soto v. Scaringelli, A-17 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 21, 2007, Decided
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Overview: In a personal injury case, because no rational fact-finder would have found that plaintiff's scar or surgically implanted plate and screw in her shoulder constituted disfigurement or scarring sufficiently significant to have met the limitation on lawsuit threshold of N.J.S.A. § 39:6A-8(a), summary judgment in favor of defendants was reinstated.
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| State v. Velasquez, DOCKET NO. A-3982-01T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 21, 2007, Decided
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Overview: Before authorizing an adverse inference based upon failing to produce a witness against a defendant in a criminal trial, a trial court must evaluate the importance of the expected testimony in light of the State's burden of persuasion and any defense and the limited significance of the inference must be explained to the jury.
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| New Jersey Div. of Youth and Family Services v. B.H., DOCKET NO. A-5272-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 22, 2007, Decided
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Overview: Pursuant to N.J.S.A. § 9:6-8.43(a), N.J. Const. art. I, para. 10, and U.S. Const. amend. VI, an indigent parent had the right to counsel in neglect and abuse cases as well as termination of parental rights cases, with the effective assistance of counsel test of Strickland being applicable to whether the parent's counsel was in effective.
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| New Jersey Mfrs. Ins. Co. v. Varjabedian, DOCKET NO. A-3372-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 22, 2007, Decided
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Overview: When faced with liability for damages sustained by an innocent third-party claimant, a carrier's default liability on a standard automobile policy subject to retroactive revocation was held to be equal to the $ 15,000/$ 30,000 limits mandated by the Automobile Insurance Cost Reduction Act, N.J.S.A. §§ 39:6A-29(n) and -3.
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| State v. Kent, DOCKET NO. A-3137-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 22, 2007, Decided
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Overview: Because defendant was deprived of his constitutional rights of confrontation during his DWI trial, a chemist's report and a hospital worker's blood test certificate were improperly admitted as part of the State's evidence at trial. However, defendant's DWI conviction under N.J.S.A. § 39:4-50 was affirmed on independent grounds.
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