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| Cunningham v. Atlantic States Cast Iron Pipe Co., DOCKET NO. A-6772-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 26, 2006, Decided
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Overview: In a worker's compensation case, a claimant was entitled to receive temporary disability benefits if he actually lost income because of the disability, despite voluntarily terminating his employment, if the injury disabled him from the ability to work.
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| State v. Grabowski, MUNICIPAL APPEAL NO. 4600,
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, PASSAIC COUNTY, June 26, 2006, Decided
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Overview: Periodic sentences authorized under N.J.S.A. § 2B:12-22 were permitted dispositions for third and subsequent driving while intoxicated violations of N.J.S.A. § 39:4-50(a)(3).
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| Argent v. Brady, DOCKET NO. A-2339-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 27, 2006, Decided
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Overview: An insurer was not obliged to defend or indemnify its insureds' son, whose dog allegedly bit an infant while one of the insureds was providing day care, as the policy's unambiguous business pursuits exclusion applied. The exclusion, by its terms applicable to "an" insured, was construed as being applicable to the activities of "any" insured.
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| In re Tavalario, DOCKET NO. A-1710-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 27, 2006, Decided
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Overview: A landowner's property did not qualify for protection under the Right to Farm Act, N.J. Stat. Ann. §§ 4:1C-1 to -10.4, because there was insufficient evidence that, as of a certain date, the landowner's keeping of horses produced agricultural or horticultural products worth $ 2,500 or more annually as required by the Act.
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| Infinity Broadcasting Corp. v. N.J. Meadowlands Com'n, A-30 September Term 2005,
SUPREME COURT OF NEW JERSEY, June 27, 2006, Decided
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Overview: Under N.J. Ct. R. 2:2-3(a)(2), appellate division, not law division, had jurisdiction to entertain an appeal from the final action of New Jersey Meadowlands Commission, because the "single locality" exception, under which actions against state agencies with only local jurisdiction could be brought in the law division, was no longer good law.
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| Orzel v. Board of Review, Dept. of Labor, DOCKET NO. A-2226-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 27, 2006, Decided
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Overview: N.J. Stat. Ann. § 43:21-16(d)(1), a provision of the unemployment compensation law requiring repayment of benefits, was deemed a penalty provision and, in the absence of fraud, a claimant was not required to repay all amounts received, but only those amounts mistakenly received.
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| NCP Litig. Trust v. KPMG LLP, A-19 September Term 2004,
SUPREME COURT OF NEW JERSEY, June 28, 2006, Decided
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Overview: The imputation doctrine did not bar corporate shareholders who were not engaged in or aware of the wrongdoing of corporate agents from recovering through a litigation trust against an auditor who was negligent within the scope of its engagement by failing to uncover or report the fraud of corporate officers and directors.
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| State v. Thomas, A-60/A-61 September Term 2005,
SUPREME COURT OF NEW JERSEY, June 28, 2006, Decided
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Overview: Trial courts were held to have no obligation to give a related offense instruction that was not requested by either the prosecution or the defense and, the eluding statute, N.J. Stat. Ann. § 2C:29-2, was held to have no mens rea element that enhances a defendant's penal exposure from a third-degree offense to a second-degree.
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| Thompson v. City of Atlantic City, DOCKET NO. A-6789-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 28, 2006, Decided
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Overview: A settlement agreement in a federal lawsuit that benefited a new mayor and a newly-appointed city council member violated the Faulkner Act, N.J. Stat. Ann. §§ 40:69A-1 to -210, as it was infected by numerous conflicts of interest since it was tainted by the considerable roles played by persons who were appointed to city positions by the mayor.
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