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| Hutnick v. ARI Mut. Ins. Co., DOCKET NO. A-2610-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 4, 2007, Decided
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Overview: Insurer was properly ordered to arbitrate its insured's claim for UIM benefits because correspondence from the insured to the insurer effectively gave notice of the acceptability of tortfeasor's policy-limits settlement offer, substantially complied with Longworth and contract notification requirements, and resulted in no prejudice to the insurer.
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| State v. Colbert, A-108 September Term 2005,
SUPREME COURT OF NEW JERSEY, April 4, 2007, Decided
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Overview: The procedural methodology recognized in case law as to the different ways a defendant can be present during jury voir dire was held to have purely prospective application. Since defendant received his constitutional entitlement to be present during jury voir dire via the lawyer-shuttle system, his convictions for sexual assault were reinstated.
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| State v. Lisa, DOCKET NO. A-5358-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 4, 2007, Decided
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Overview: As charge to a grand jury that the civil common law duty to summon aid for person in distress from using drugs with defendant did not provide defendant with constitutionally adequate notice that his conduct might be the basis of criminal liability under N.J.S.A. § 2C:2-1(b), the trial court properly dismissed a reckless manslaughter charge.
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| Township of Holmdel v. New Jersey Highway Authority, A-64 September Term 2006,
SUPREME COURT OF NEW JERSEY, April 4, 2007, Decided
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Overview: In an appeal of a real estate tax assessment made by a township, the New Jersey Highway Authority's amphitheater and attendant facilities were exempt from local property taxation, pursuant to N.J.S.A. § 27:23-12, but its reception center was beyond the scope of the Authority's tax exemption and was subject to taxation for all years under appeal.
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| In re Gen, D-44 September Term 2006,
SUPREME COURT OF NEW JERSEY, April 5, 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 in New Jersey indefinitely and was ordered not to pursue reinstatement until he demonstrated restoration of his New York bar license after being disbarred in New York due to various violations of N.J. Ct. R. Prof. Conduct 8.4.
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| Larrison v. Larrison, DOCKET NO. A-2097-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 5, 2007, Decided
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Overview: Trial court erred in equitably dividing a former husband's police disability pension because it failed to determine which portion of the pension represented a retirement component in which the former wife was entitled to share, and which portion represented compensation for the husband's personal disability and personal economic loss.
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| New Jersey Div. of Youth & Family Servs. v. S.F., DOCKET NO. A-0106-06T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 5, 2007, Decided
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Overview: As a mother continually relapsed after participating in drug treatment, and neglected her children as a result of her addiction, an award of kinship legal guardianship to the childrens' paternal grandparents pursuant to N.J.S.A. § 3B:12A-6(c) was proper. Her children should not languish indefinitely waiting for her to achieve stability.
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| O'Shea v. West Milford Bd. of Educ., DOCKET NO. A-2026-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 5, 2007, Decided
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Overview: Handwritten notes of the secretary of a board of education, taken during board's executive session to aid her in preparing formal typed minutes of session, did not have to be disclosed under N.J.S.A. § 47:1A-1.1 of New Jersey Open Public Records Act, as the formal minutes themselves, not the secretary's handwritten notes, were the public record.
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