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| Rowe v. Hoffman-La Roche, Inc., A-19 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 29, 2007, Decided
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Overview: Michigan law applied to a failure-to-warn case brought by a Michigan resident alleging injuries in Michigan involving an FDA-approved prescription drug prescribed and used in Michigan as Michigan's interest in promoting the availability of affordable prescription medications outweighed New Jersey's interest in deterring inadequate warnings.
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| State v. Rodriguez, DOCKET NO. A-4866-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 29, 2007, Decided
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Overview: With regard to the application of self-defense to manslaughter, a trial court committed plain error in instructing the jury that it should consider self-defense in deliberating on the murder charge but not as to the manslaughter charges against defendant. As a result, defendant was entitled to a new trial.
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| Borough of Totowa v. Passaic County Bd. of Taxation, DOCKET NO. 007987-2006,
TAX COURT OF NEW JERSEY, March 30, 2007, Letter Opinion; June 1, 2007, Formal Opinion
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Overview: A county board of taxation properly ordered a borough to implement a municipal-wide revaluation under N.J.S.A. §§ 54:3-13 and 54:4-47, as board was entitled to rely on some but not all of the criteria set forth in N.J.A.C. 18:12A-1(b)(1) in determining that a revaluation was warranted, and its findings were adequate to support its order.
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| Devaney v. L'Esperance, DOCKET NO. A-1241-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 2, 2007, Decided
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Overview: Plaintiff, who had a 20-year, intimate relationship with defendant, was not entitled to palimony from him despite his alleged promises to financially support her and their attempts to have a child together, because the parties never cohabited with one another, and cohabitation was an essential element of a palimony action.
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| State v. Bradshaw, DOCKET NO. A-4731-02T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 2, 2007, Decided
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Overview: In sexual assault prosecution, application of notice of alibi rule, R. 3:12-2, to bar defendant's own testimony as to his whereabouts at time of the crime, because of his failure to comply with R. 3:12-2, unconstitutionally infringed on his state and federal right to testify and, coupled with State's improper summation, entitled him to new trial.
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| Innes v. Carrascosa, DOCKET NO. A-1821-06T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 3, 2007, Decided
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Overview: In an international child custody dispute, a New Jersey court initially and continually possessed personal and subject matter jurisdiction over the case, pursuant to N.J.S.A. § 2A:34-31, since New Jersey was the child's home state and the New Jersey court did not have to recognize any court orders from Spain, to where the mother removed the child.
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| McGowan v. O'Rourke, DOCKET NO. A-5001-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 3, 2007, Decided
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Overview: In a domestic violence case, the single act of mailing graphic pornographic pictures of the victim to a third-party and implying that they may be sent to the victim's workplace and her son was egregious and constituted domestic violence, pursuant to N.J.S.A. § 2C:25-29(a)
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| State v. Bianco, DOCKET NO. A-4582-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 3, 2007, Decided
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Overview: That juror realized during deliberations that he knew defendant but failed to advise court of this fact and participated in rendering guilty verdict did not entitle defendant to new trial. As defendant also realized during trial that he and juror were acquainted, he waived his right to complain by remaining silent until after verdict was rendered.
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| Toll Bros., Inc. v. Township of West Windsor, A-48 September Term 2006,
SUPREME COURT OF NEW JERSEY, April 3, 2007, Decided
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Overview: A court erred by dismissing a party's application for sanctions, pursuant to the Frivolous Litigation Statute, N.J.S.A. § 2A:15-59.1, based on that party's failure to comply with R. 1:4-8's safe harbor provision, without the court first making an assessment about the practicability of compliance, thereby making the dismissal premature.
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| Tozour Energy Sys. v. Director, Div. of Taxation, DOCKET NO. 007698-2004,
TAX COURT OF NEW JERSEY, April 3, 2007, Decided
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Overview: A taxpayer was subject to use tax on the materials it used in the performance of its service contracts, pursuant to the New Jersey Sales and Use Tax Act, N.J.S.A. §§ 54:32B-1 to -29, and the fact that it elected to collect its fees for that service in a single price on which it collected sales tax from its customers did not cause double taxation.
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