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| Endo Surgi Center, P.C. v. Liberty Mut. Ins. Co., DOCKET NO. A-1387-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 9, 2007, Decided
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Overview: An insured denied personal injury protection benefits was unable to maintain a common law action for breach of good faith against the insurer since such benefits were statutory thereby entitling a wrongfully denied insured to only the statutory remedy of interest, pursuant to N.J.S.A. § 39:6A-5(h), on the benefits plus attorney's fees.
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| In re Civil Commitment of R.Z.B., DOCKET NO. A-3060-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 9, 2007, Decided
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Overview: Though federal correctional institutions were not specifically mentioned in the notice provisions of the Sexually Violent Predator Act, N.J.S.A. § 30:4-82.4(b) or N.J.S.A. § 30:4-27.27, such a federal agency was not precluded from giving notice to the New Jersey Attorney General with regard to initiating a civil commitment proceeding.
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| New Jersey Citizen Action, Inc. v. County of Bergen, DOCKET NO. A-4901-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 9, 2007, Decided
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Overview: The dismissal of plaintiffs' complaint for failure to state a claim was reversed as two loans made by a county authority to a private entity managing a county hospital totalling $ 33 million may have violated N.J. Const. art. VIII, § 3, para. 2, as plaintiffs alleged that the loans were unconnected with the public purpose of operating the hospital.
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| State v. Condon, DOCKET NO. A-1905-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 10, 2007, Decided
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Overview: Defendant charged with attempted sexual assault may not be found guilty under N.J.S.A. § 2C:5-1(a)(1) where he was arrested before completing the act, which would have constituted the underlying crime but may be found guilty under § 2C:5-1(a)(3), if he took a substantial step toward commission of the underlying crime.
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| Kibler v. Roxbury Bd. of Educ., DOCKET NO. A-4358-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 11, 2007, Decided
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Overview: A teacher's tort action against her employing school district was barred by the exclusivity provision of the Workers' Compensation Act, N.J.S.A. § 34:15-8, since the accidental injuries she incurred due to a student-on-student fight did not fall under the intentional wrong exception as they were incurred within the context of her employment.
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| State v. Williams, A-12 September Term 2006,
SUPREME COURT OF NEW JERSEY, April 11, 2007, Decided
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Overview: Defendant's post-crime consciousness of guilt evidence as to trying to cover-up the shooting of a victim was relevant to the mental state of defendant at the time of the shooting, pursuant to N.J.R.E. 404(b), and was, therefore, admissible to prove the crime of reckless manslaughter. The trial court order holding otherwise was reversed on appeal.
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| In re Schunke, D-93 September Term 2006,
SUPREME COURT OF NEW JERSEY, April 12, 2007, Filed
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