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   State Courts - New Jersey - May 17 - May 18, 2006

  
Diluzio-Gulino v. Daimler Chrysler., DOCKET NO. A-0911-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 17, 2006, Decided
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Overview: Judgment for plaintiff in suit alleging design defect of airbag was reversed, as her expert testified only that air bag's "barrier equivalent velocity" setting was too low and did not offer a safer alternative setting. Jury could not infer existence of alternative design merely from expert's opinion that manufacturer's design was too low.

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In re Caola, D-95 September Term 2005, SUPREME COURT OF NEW JERSEY, May 17, 2006, Filed
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In re Hansen, D-125 September Term 2005, SUPREME COURT OF NEW JERSEY, May 17, 2006, Decided , May 17, 2006, Filed
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In re Puglisi, A-74 September Term 2005, SUPREME COURT OF NEW JERSEY, May 17, 2006, Decided
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Overview: Because a retiree's promotion to police captain was made primarily in anticipation of his retirement, it had to be disregarded in determining the amount of pension benefit under the New Jersey Police and Firemen's Retirement System. The appropriate amount of his pension had to be calculated on the basis of a lieutenant's salary.

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Olivieri v. Y.M.F. Carpet, Inc., A-64 September Term 2005, SUPREME COURT OF NEW JERSEY, May 17, 2006, Decided
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Overview: In suit under New Jersey Conscientious Employees Protection Act, former employer was not collaterally estopped from challenging unemployment compensation board's determination that former employee had not left her job voluntarily without good cause and was not discharged for misconduct because of limited procedures available in those proceedings.

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State v. McGovern, DOCKET NO. A-1050-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 17, 2006, Decided
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Overview: Petition for forfeiture of appellant's weapons, filed 41 days after employee responsible for processing seizure information learned of seizure, but 54 days after seizure occurred, was timely; under N.J. Stat. Ann. § 2C:25-21(d)(3), the 45-day period for filing did not begin to run until prosecutor had possession of weapons or knowledge of seizure.

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Caballero v. Martinez, A-8 September Term 2005, SUPREME COURT OF NEW JERSEY, May 18, 2006, Decided
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Overview: As undocumented alien, who was injured in collision involving uninsured motorist, could and did form requisite intent to establish residency in New Jersey, he was a resident of New Jersey and hence a "qualified person" who was eligible to receive benefits from the New Jersey Unsatisfied Claim and Judgment Fund, N.J. Stat. Ann. §§ 39:6-61 to -91.

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Gac v. Gac, A-9 September Term 2005, SUPREME COURT OF NEW JERSEY, May 18, 2006, Decided
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Overview: Where father paid child support for estranged daughter while she was in college, and mother did not ask him to contribute to child's college expenses until after she graduated, application of the Newburgh factors and provisions of N.J. Stat. Ann. § 2A:34-23(a)(5) demonstrated that father did not have to contribute to his daughter's college loans.

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In re Arenas, DOCKET NO. A-2700-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 18, 2006, Decided
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Overview: The New Jersey Department of Corrections properly denied an inmate's application for international transfer to Spain under N.J. Stat. Ann. § 30:7D-1 and N.J. Admin. Code § 10A:10-6.1 et seq. because he had not finished serving his 20-year mandatory minimum term and he would not receive sex offender treatment in Spain.

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In re Estate of Reininger, DOCKET NO.: J-7077, SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, PROBATE PART, UNION COUNTY, May 18, 2006, Decided
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Overview: Uncle's residuary bequest to nephew from trust, payable when trust terminated on death of uncle's wife, vested on uncle's death. Nephew's estate was entitled to bequest because executrices of uncle's estate did not meet burden of proving by preponderance of evidence uncle's probable contrary intent to devise estate to his living "blood" heirs.

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