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| Acuna v. Turkish, A-4022-03T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 7, 2006, Decided
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Overview: In an informed consent case where the issue was what medical information was material and must have been disclosed by an obstetrician when advising a patient to terminate her pregnancy, summary judgment was inappropriate as a reasonable patient would not have received the information necessary to make an informed decision.
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| Roberts v. Roberts, DOCKET NO. FM-11-232-05B,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, FAMILY PART, MERCER COUNTY, April 7, 2006, Decided
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Overview: Even if assets given to son under Uniform Gifts to Minors Act, N.J.S.A. §§ 46:38-13 to 41, and Uniform Transfers to Minors Act, N.J.S.A. §§ 46:38A-1 to -57, could be used to pay portion of his private school tuition, court did not order husband, custodian of stock, to do so as there was no showing that his decision was an abuse of his discretion.
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| Shabazz v. New Jersey Dept. of Corrections, DOCKET NO. A-1356-04T51356-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 10, 2006, Decided
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Overview: An inmate's halfway house placement did not involve a liberty interest giving rise to due process rights and inmates were held to have no liberty interest in a particular, or any, job assignment, nor in the wages or credits that can be earned by performing a prison work assignment.
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| Casino Reinvestment Development Authority v. Teller, DOCKET NO. A-3808-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 10, 2006, Decided
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Overview: Environmental remediation and cleanup costs were held a transactional part of the calculation of the value of property in a condemnation action and, therefore, a municipal tax lien was only enforceable against the surplus of funds on deposit after the condemnor recouped its remediation costs.
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| State v. Russell, DOCKET NO. A-4681-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 10, 2006, Decided
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Overview: As defendant's alleged co-conspirator appeared before jury, as a witness for the State, in handcuffs and leg shackles, and there was no evidence that security concerns posed by witness outweighed the potential prejudice caused by his appearance in restraints, defendant was denied a right to a fair trial under the U.S. and New Jersey Constitutions.
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| Platt v. Platt, DOCKET NO. A-1555-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 11, 2006, Decided
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Overview: Averaging husband's income over five years to determine alimony and child support was proper as he was employed by his own corporation and determined his salary, and in two most recent years, immediately following his filing for divorce complaint, he substantially decreased his salary in manner inconsistent with corporate profitability.
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| Soto v. Scaringelli, DOCKET NO. A-5454-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 11, 2006, Decided
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Overview: In auto accident suit, judge erred by granting defendant summary judgment on grounds that a four-inch scar on plaintiff's shoulder was not "significant scarring" under N.J. Stat. Ann. § 39:6A-8(a). The scar and subcutaneous hardware were not so insubstantial that no rational jury could find they rendered plaintiff "unsightly" or "imperfect."
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| In re Stormwater Management Rules, DOCKET NO. A-3847-03T,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 12, 2006, Decided
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Overview: N.J. Admin. Code § 7:8-5.5(h), which mandated 300-foot buffer zones on each side of Category One waters and their tributaries, was not ultra vires because the New Jersey Department of Environmental Protection's enabling statute, N.J. Stat. Ann. § 13:1D-1 to -19, and other legislation accorded it broad powers of conservation and ecological control.
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| New Jersey Transit PBA Local 304 v. New Jersey Transit Corp., DOCKET NO. A-5628-03T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 12, 2006, Decided
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Overview: Annual medical examination program requiring police officers to disclose their medical history and submit to drug tests did not violate Fourth Amendment or N.J. Const. art. I, para. 7, as the program was less intrusive on officers' legitimate expectation of privacy than the random drug and alcohol testing permitted by N.J. Supreme Court precedent.
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