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| Collins v. U.S. Fidelity and Guar. Co., DOCKET NO. A-3202-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 13, 2006, Decided
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Overview: Trial court erred in dismissing plaintiff's suit against his uninsured motorist carrier, because his settlement with a possible tortfeasor, which was insured and which plaintiff had also named as a defendant, did not bar continuation of his suit against carrier. As carrier had no claims against company, its consent to settlement was unnecessary.
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| Feldman v. Borough of Ringwood, DOCKET NO. 003758-2004,
TAX COURT OF NEW JERSEY, April 13, 2006, Decided
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Overview: After addressing the criteria set forth in N.J. Admin. Code § 18:12A-1.14(b)(1)(i)-(xii) with regard to determining whether a revaluation of real property was necessary in a borough, the tax court denied the property owners' application for a revaluation but ordered further consideration by the county board of taxation.
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| Castro v. NYT Television, DOCKET NO. A-0157-05T2, A-0158-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 19, 2006, Decided
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Overview: Complaint asserting claims for invasion of privacy, based on plaintiffs' being observed and videotaped at emergency room and the broadcast of the taped footage, was not certifiable as class action under N.J. Ct. R. 4:32-1(b)(3) because issues of law or fact common to putative class did not predominate over issues affecting only individual members.
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| Coleman v. Romano, DOCKET NO. FV-11-609-06,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, FAMILY PART, MERCER COUNTY, April 19, 2006, Decided
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Overview: Though a mother and her adult daughter had not resided in the same household for more than 30 years, the pair were deemed former household members under N.J.S.A. § 2C:25-19(d), and the mother was protected under the Prevention of Domestic Violence Act, N.J.S.A. §§ 2C:25-17 to -34, after she was slapped and had her ribs broken.
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| In re P.L. 2001, Chapter 362., A-129/130 September Term 2004,
SUPREME COURT OF NEW JERSEY, April 19, 2006, Decided
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Overview: The Probation Officer Community Safety Unit Act, N.J. Stat. Ann. §§ 2B:10A-1 to -3 and 2C:39-6(c)(17), was declared unconstitutional and void because it compromised the independence of the judiciary and blurred the line between the role of the courts and law enforcement by allowing probation officers to be armed and make arrests.
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| Kim v. Paccar Financial Corp., DOCKET NO. A-6690-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 19, 2006, Decided
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Overview: Defendant was lessor of truck involved in accident; while lease was executed in New York, accident occurred in New Jersey. New York's governmental interest was not so compelling as to permit extraterritorial application of N.Y. Veh. & Traf. Law § 388, which imposed vicarious liability on owners in contravention of New Jersey common law.
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| State v. Pineiro, DOCKET NO. A-4764-02T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 19, 2006, Decided
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Overview: Defendant's guilty plea to absconding from parole (N.J. Stat. Ann. § 2C:29-5(b)) lacked a factual basis because, in his statements to judge, he denied he had left his assigned residence for purpose of hiding but said he did so because he was penniless and did not have his psychiatric medication, thereby negating an essential element of the crime.
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| Fitzgerald v. Stanley Roberts, Inc., A-120 September Term 2004,
SUPREME COURT OF NEW JERSEY, April 20, 2006, Decided
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Overview: In a sexual harassment and retaliatory discharge case, because the trial court committed a series of evidentiary errors that infected the trial, a new trial was ordered because the reviewing court had no confidence that the jury verdict in favor of plaintiff was reached in a legally sustainable fashion.
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| In re Estate of Payne, A-12 September Term 2005,
SUPREME COURT OF NEW JERSEY, April 20, 2006, Decided
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Overview: The application of the doctrine of probable intent demonstrated that a testator intended to bequeath his New Jersey real estate to his partner debt-free based on a letter by the testator to his attorney outlining desired revisions to his will, which clearly stated an intention that all of his real estate passed to his beneficiaries free and clear.
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