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| In re Tormey, D-29 September Term 2006,
SUPREME COURT OF NEW JERSEY, May 11, 2007, Filed
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| State v. Dorman, DOCKET NO. A-2873-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 11, 2007, Decided
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Overview: In a driving while intoxicated appeal, notwithstanding Crawford, a breathalyzer machine certificate of operability offered by the State to meet its burden of proof under case law standard was held to remain admissible as a business record under N.J.R.E. 803(c)(6).
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| Cruz v. Central Jersey Landscaping, Inc., DOCKET NO. A-3843-04T1, A-3844-04T1, A-4379-04T1, A-4878-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 14, 2007, Decided
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Overview: In four workers' compensation appeals, the amendment revising the formula for calculating death benefits payable to the dependents of an eligible, deceased worker, as set forth in L. 2003, c. 253, §§ 1 and 4 was approved to take effect immediately and applied in pending cases to calculate death benefits for dates on and after January 14, 2004.
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| Board of Educ. v. Kennedy, DOCKET NO. A-3011-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 15, 2007, Decided
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Overview: A State Board of Education decision affirming the removal of a local school board member from his position was upheld since he filed a due process complaint and a federal lawsuit against the local board with regard to a dispute involving special education services for his son, which was a conflict of interest under N.J.S.A. § 18A:12-2.
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| In re Berglas, D-52 September Term 2006,
SUPREME COURT OF NEW JERSEY, May 15, 2007, Filed
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Overview: In a reciprocal discipline matter, pursuant to R. 1:20-14, an attorney was suspended from the practice of law in New Jersey for one year for discipline imposed against him in New York, for actions that constituted violations in New Jersey of N.J. Ct. R. Prof. Conduct 1.2(d), 4.1(a)(1), 7.2(c), 7.3(d), 8.4(c), and 8.4(d).
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| State v. Kearns, DOCKET NO. A-5034-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 15, 2007, Decided
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Overview: In the State's appeal, defendant's sentence imposed after revocation of probation was illegal because a No Early Release Act (NERA), N.J.S.A. § 2C:43-7.2, parole disqualifier should have been imposed since defendant was originally convicted for robbery, which was an offense that carried a mandatory period of parole ineligibility under NERA.
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| Sun Coast Merch. Corp. v. Myron Corp., DOCKET NO. A-6148-03T5, A-2965-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 15, 2007, Decided
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Overview: A trial court properly denied a buyer's motions for a directed verdict or for a judgment notwithstanding the verdict on the factual issues of contract formation and warranty infringement as they required jury submission, but a new trial was necessary since proper jury instructions were not given on those issues and on a conversion claim.
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| Thompson v. City of Atlantic City, A-44 September Term 2006,
SUPREME COURT OF NEW JERSEY, May 16, 2007, Decided
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Overview: A city's settlement of the mayor's federal civil rights suit against it was so infected with conflicts of interest that it was void under the Faulkner Act, N.J.S.A. §§ 40:69A-1 to -210. Because the city's unlawful agreement with the mayor and his political ally was a nullity, the monies disbursed to both had to be returned to the city.
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| Phillips v. Gelpke, A-1 September Term 2006,
SUPREME COURT OF NEW JERSEY, May 17, 2007, Decided
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Overview: As plaintiff's suit alleging her uncle sexually assaulted her when she was a young child was timely filed, and she claimed to have recalled the events years later without professional assistance, she was not required to produce expert testimony under N.J.R.E. 702 regarding her ability to recall the abuse.
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