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   State Courts - New Jersey - June 29 - July 10, 2006

  
Gusciora v. McGreevey, DOCKET NO. A-2842-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 29, 2006, Decided
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Overview: In a suit challenging the use of all Direct Recording Electronic voting machines for the November 2004 election, the appellate court held that N.J.S.A. §§ 19:48-1 and 19:53A- 3(i), providing for a paper record of every vote, remedied alleged violations of N.J. Const. art. II, § 1, para. 3, and the case was remanded to monitor compliance.

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In re Subryan, D-34 September Term 2004, SUPREME COURT OF NEW JERSEY, June 29, 2006, Decided
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Overview: Judge was suspended from performance of judicial duties, without pay, for two months, because judge's unwanted overture to law clerk (kissing her against her will), violated both N.J. Ct. R. Canon 1 and 2(A), and N.J. Ct. R. 2:15-8(a)(6); two-month suspension underscored importance of a workplace free of gender discrimination and sexual harassment.

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Mason v. Department of Treasury, Div. of Pensions, DOCKET NO. A-0356-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 29, 2006, Decided
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Overview: Police officer on a leave of absence from his public employer who was injured while on active military service did not qualify for accidental disability retirement under New Jersey Police and Fireman's Retirement System, as his injury occurred neither on premises owned or controlled by city nor as result of his job responsibilities with the city.

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Cohen v. Community Medical Center, DOCKET NO. A-4499-02T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 30, 2006, Decided
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Overview: In a medical malpractice suit wherein both sides requested an adjournment due to a pending statewide strike in the medical community, which request was refused, plaintiff was entitled to retrial since the trial judge failed to give any cautionary instructions to the jury not to read any newspaper articles or other publicity on the topic.

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Casino Ass'n of New Jersey, Inc. v. Casino Control Com'n, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW JERSEY, July 3, 2006, Decided
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Feldman v. Hunterdon Radiological Assocs., A-71 September Term 2005, SUPREME COURT OF NEW JERSEY, July 5, 2006, Decided
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Overview: Under the Conscientious Employee Protection Act, N.J. Stat. Ann. §§ 34:19-1 to -8, a shareholder-director's title or ownership interest did not determine employee status, rather, the inquiry was fact-intensive, focusing on the professional association's direction/control and that person's true power and vulnerability within the association.

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State v. DiFrisco, A-77 September Term 2005, SUPREME COURT OF NEW JERSEY, July 5, 2006, Decided
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Overview: Defendant's death sentence had to be vacated and a life sentence imposed because defendant's death sentence pursuant to N.J. Stat. Ann. § 2C:11-3 was upheld only because the penalty review was separated into two proceedings, not because a majority of the state supreme court believed that imposition of the death sentence was proper.

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In re Cipriano, D-149 September Term 2005, SUPREME COURT OF NEW JERSEY, July 10, 2006, Filed
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In re Henry, D-153 September Term 2005, SUPREME COURT OF NEW JERSEY, July 10, 2006, Filed
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In re Kearns, D-67 September Term 2005, SUPREME COURT OF NEW JERSEY, July 10, 2006, Filed
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