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| Carter v. Township of Bordentown (In re Carter), A-16 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 20, 2007, Decided
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Overview: An appellate court erred by treating the principle of progressive discipline as a mandate of law and rejecting a Merit System Board's opinion terminating a police officer for sleeping on the job as, pursuant to N.J.A.C. 4A:2-2.3, the offending behavior alone supported the police officers removal as allowed by N.J.A.C. 4A:2-2.2.
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| Chubb Custom Ins. Co. v. Prudential Ins. Co. of Am., DOCKET NO. A-4125-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 20, 2007, Decided
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Overview: A service of suit clause in a commercial insurance policy was not a forum selection cause and did not preclude an insurer from filing first in the jurisdiction in which it resided. As such, a trial court erred by dismissing an insurer's declaratory judgment action against an insured in favor of a Delaware suit filed second by the insured.
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| Shinn v. Schaal (In re Estate of Schinn), DOCKET NO. A-3819-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 20, 2007, Decided
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Overview: In a declaratory judgment action, because equity followed the law, a trial judge erred by concluding that the doctrine of equitable estoppel overrode the New Jersey Legislature's declaration that a premarital agreement was unenforceable under N.J.S.A. § 3B:8-10 and N.J.S.A. § 37:2-38 without full disclosure or an adequate waiver of disclosure.
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| Thurber v. City of Burlington, A-66/A-67 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 20, 2007, Decided
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Overview: In a disciplinary case involving a deputy municipal court administrator, such position was not a confidential judicial position under the disciplinary authority of an Assignment Judge, thus, a decision of the Merit System Board suspending the administrator for six-months, instead of terminating her, was upheld under N.J.S.A. §§ 11A:2-1 to -24.
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