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| Bagnana v. Wolfinger, DOCKET NO. A-1875-04T11875-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 21, 2006, Decided
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Overview: The grant of summary judgment to the homeowners in a premises liability case involving a social invitee, who was injured while double jumping on a trampoline, was reversed because a reasonable jury could have concluded that the homeowners knew or should have known the trampoline posed an unreasonable risk of danger that was not obvious.
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| GABGEO, Inc. v. Director, Div. of Taxation, DOCKET NOS. 007640-2004 and 007676-2004,
TAX COURT OF NEW JERSEY, April 21, 2006, Decided
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Overview: As a taxpayer failed to file a timely notice of bulk sale and did not substantially comply with the bulk sale notice requirements of N.J. Stat. Ann. § 54:32B-22(c), the Director of the New Jersey Division of Taxation properly found that it was liable for the sales and use taxes owed by the seller.
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| In re Commitment of M.C., DOCKET NO. A-2770-04T2, A-3221-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 24, 2006, Filed
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Overview: The legal standards governing a trial judge's discretion to extend a patient's commitment pending placement pursuant to N.J. Ct. R. 4:74-7(h)(2) were limited to inquiring whether there was evidence that supported imposition of continued restrictions or a delay of release.
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| Olivo v. Owens-Illinois, Inc., A-23 September Term 2005,
SUPREME COURT OF NEW JERSEY, April 24, 2006, Decided
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Overview: To the extent that a landowner owed a duty to workers on its premises for the foreseeable risk of exposure to asbestos and asbestos dust, the landowner was held to owe a duty to the spouses handling the workers' unprotected work clothing based on the foreseeable risk of exposure from asbestos brought home on contaminated clothing.
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| Passaic County PBA Local 197 v. Office of Passaic County Prosecutor, DOCKET NO. A-3418-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 24, 2006, Decided
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Overview: Court properly dismissed suit against prosecutor because under the New Jersey Attorney General's Drug Testing Policy, he could issue reasonable-suspicion drug testing orders to officers either when unusual conditions existed, or when, as in instant case, the chief law enforcement officer in the affected jurisdiction consented.
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| Wynfield Corp. v. Killam Associates, DOCKET NO. A-7019-03T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 24, 2006, Decided
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Overview: A trial court did not err in ruling that an engineering firm had improperly billed a developer, because N.J. Stat. Ann. § 40:55D-53.2(a) did not permit a municipally-retained engineer to separately bill for secretarial time, as this expense did not qualify as either a "professional" charge, or a separately reimbursable out-of-pocket expense.
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| Estate of V.M. v. Division of Medical Assistance & Health Services, DOCKET NO. A-6729-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 25, 2006, Decided
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Overview: Notice of denial of Medicaid to the authorized agent who submitted the application on behalf of the proposed recipient was valid and N.J. Admin. Code § 10:71-8.3, authorizing such notice, was not contrary to federal Medicaid regulations. Therefore, an elderly woman was not denied due process when the denials were sent to her applying family.
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| In re Estate of Schifftner, DOCKET NO. A-1103-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 25, 2006, Decided
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Overview: A son's challenge to a judgment admitting his mother's will to probate was properly dismissed as untimely because his indigence, which he alleged made him unable to afford an attorney during the initial probate proceedings, was not an "exceptional circumstance" justifying relief from judgment under N.J. Ct. R. 4:50-1(f).
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| State v. Tilghman, DOCKET NO. A-6536-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, April 25, 2006, Decided
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Overview: In an uncomplicated robbery prosecution where the only issue was identification, it was not an abuse of discretion for the trial judge to limit defense counsel's opening statement to 20 minutes, where the same restriction was evenly applied to the State, the facts and legal issues were straightforward, and the trial lasted only two days.
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| In re License Issued to Zahl, A-54 September Term 2005,
SUPREME COURT OF NEW JERSEY, April 26, 2006, Decided
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Overview: The New Jersey State Board of Medical Examiners was within the bounds of its statutory authority and discretion in concluding that the series of dishonest acts committed by an anesthesiologist, which included insurance fraud and falsifying medical records, warranted the revocation of his license pursuant to N.J. Stat. Ann. § 45:1-21(b).
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