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   State Courts - New Jersey - May 25 - May 30, 2007

  
Aguerre v. Schering-Plough Corp., DOCKET NO. A-1940-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 25, 2007, Decided
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Overview: In a wrongful termination suit, it was held that the Foreign Country Money-Judgments Recognition Act (FCMJRA), N.J.S.A. §§ 2A:49A-16 to -24, may be pled as an affirmative defense and that plaintiffs' whistle-blowing allegations under N.J.S.A. §§ 34:19-1 to -14 fell squarely within New Jersey's public policy exception to the FCMJRA.

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In re Gonzalez, D-122 September Term 2006, SUPREME COURT OF NEW JERSEY, May 25, 2007, Decided , May 25, 2007, Filed
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Jolley v. Marquess, DOCKET NO. A-4513-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 25, 2007, Decided
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Overview: A carrier that issued a malpractice insurance policy to a law firm was required to provide a defense and possible indemnification to one of the firm's former partners for acts of malpractice committed after he left the firm.

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Barber v. Shop-Rite of Englewood & Assocs., DOCKET NO. A-4058-06T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 30, 2007, Decided
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Overview: Newspapers were improperly denied access to a civil post-verdict jury voir dire, as the First Amendment applied to such proceedings, there was no compelling, overriding interest to rebut the presumption of access, and the trial court's concerns about jury confidentially and candor could be adequately addressed through less restrictive alternatives.

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Binder v. Price Waterhouse & Co., L.L.P., DOCKET NO. A-5115-05T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 30, 2007, Decided
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Overview: A bankruptcy trustee's malpractice suit against an accounting firm was properly dismissed as time-barred; N.J.S.A. § 2A:14-1's six-year statute of limitations was not equitably tolled because the trustee did not act promptly to file his state court action after the dismissal of the same cause of action by a federal court.

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Brenman v. Demello, A-13 September Term 2006, SUPREME COURT OF NEW JERSEY, May 30, 2007, Decided
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Overview: In automobile accident cases, expert testimony was not required as a condition precedent to the admission of photographs of vehicle damage when the cause or extent of a plaintiff's injuries were at issue. Such evidence was relevant via N.J.R.E. 401, unless, pursuant to N.J.R.E. 403, its probative value was outweighed by the risk of undue prejudice.

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State v. Baum, DOCKET NO. A-1576-06T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 30, 2007, Decided
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Overview: Under Fourth Amendment, a 26-minute roadside investigation was properly expanded beyond initial reason for stop because defendant driver was nervous, failed to produce a license or insurance card, did not know who owned car, and she and defendant passenger told inconsistent stories as to whether they had traveled to New York by bus or in the car.

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University Cottage Club of Princeton N.J. Corp. v. New Jersey Dep't of Envtl. Prot., A-65 September Term 2006, SUPREME COURT OF NEW JERSEY, May 30, 2007, Decided
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Overview: In an appeal challenging the denial of historic-site tax exemption, because the applicant satisfied all of the relevant standards in effect when it perfected its petition for tax-exempt status, it was entitled to such certification and did not have to satisfy the more stringent requirements of N.J.S.A. §§ 54:4-3.54a, -3.54b, and -3.54c.

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