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| Estate of Ostlund v. Ostlund, DOCKET NO. A-3739-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 23, 2007, Decided
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Overview: Pursuant to N.J.S.A. § 17:16I-5(a), because there was no clear and convincing evidence provided by a decedent's estate that deposits made after the decedent's death by the surviving joint account holder were not intended to go to that surviving account holder, a son of the decedent, the estate's conversion and unjust enrichment suit failed.
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| State v. McCann, DOCKET NO. A-0354-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 23, 2007, Decided
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Overview: A municipal court judge, who issued a search warrant for defendant's residence and had a prior attorney-client relationship with defendant and other family members, should not have issued the warrant as the appearance of impropriety was objectively reasonable, but suppression was not warranted since defendant asserted no bias.
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| R.M. v. Supreme Court of New Jersey, A-35 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 26, 2007, Decided
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Overview: Because R. 1:7-4(a) required a trial court to find the facts and state its conclusions of law when determining an award of reasonable counsel fees, an order for fees granted to the prevailing party in a civil rights suit was vacated since the trial court did not show that it examined the relevant factors nor determined the lodestar.
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| Shelby Cas. Ins. Co. v. H.T., DOCKET NO. A-5424-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 26, 2007, Decided
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Overview: In a declaratory judgment action wherein an insurer challenged its obligation to provide liability coverage under a homeowner's insurance policy, the inferred intent rule, which precluded, as a matter of law, insurance coverage for a sexual assault committed by an adult against a young child, did not apply to a perpetrator under 14 years of age.
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| First Atlantic Federal Credit Union v. Perez, DOCKET NO. A-4645-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 27, 2007, Decided
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Overview: In a third-party action for attorney's fees, since a check casher cashed a check for an individual payee without authorization from a co-payee, and the check casher promptly settled with the co-payee after a R. 1:4-8 demand, the drawee bank initially sued by the co-payee was not entitled to attorney's fees as expenses under N.J.S.A. § 12A:4-208(b).
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| In re Sweeney, D-22 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: In a reciprocal disciplinary matter, pursuant to R. 1:20-14, an attorney was suspended from the practice of law for one year but such suspension would be suspended if he completed a two-year probationary period of supervised practice from the state wherein the violations occurred.
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| Hunterdon Medical Center v. Township of Readington, DOCKET NOS. A-0287-05T2, A-0288-05T2, A-0289-05T2, A-0290-05T2, A-0291-05T2, A-0293-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 28, 2007, Decided
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Overview: The denial of local property taxation exemptions to a hospital was proper as to portions of an offsite building used for a wellness center, a physical therapy service, and a pediatric practice as those uses did not qualify as hospital purposes and the pediatric practice did not meet the not-for-profit requirement of N.J.S.A. § 54:4-3.6.
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| State v. Fortin, A-112 September Term 2005,
SUPREME COURT OF NEW JERSEY, March 28, 2007, Decided
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Overview: With regard to defendant's retrial on a capital murder charge, the State was permitted to introduce material details of a prior sexual assault committed by defendant, pursuant to N.J.R.E. 404(b), as signature crime evidence since bite-marks were very similar but limiting jury instructions were required explaining the use of such evidence.
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