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| Griffith v. Tressel, DOCKET NO. A-1213-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 25, 2007, Decided
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Overview: Under N.J.S.A. § 2A:34-66(a)(1), New Jersey had continuing, exclusive jurisdiction to rule on fathers motion to modify custody. However, trial court erred in failing to decline such jurisdiction under N.J.S.A. § 2A:34-71(c), as New Jersey was an inconvenient forum and Maryland, where mother and child lived, was appropriate forum to decide case.
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| Liguori v. Elmann, A-52 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 25, 2007, Decided
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Overview: As a doctor confronted a medical emergency that required the insertion of a chest tube, he had not been required under N.J. Stat. Ann. § 26:2H-12.8(d) to obtain informed consent before performing the procedure. Therefore, plaintiffs' informed consent and battery claims against the doctor were properly dismissed.
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| Alpert v. Harrington, DOCKET NO. A-5686-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 26, 2007, Decided
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Overview: An applicant for a driver's license was properly denied his renewal request as he failed to establish that he obtained an exemption from the requirement of submission of a social security number with the application, pursuant to N.J.A.C. 13:21-1.3, by simply showing an affidavit that he had renounced his social security registration.
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| Daidone v. Buterick Bulkheading, A-60 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 26, 2007, Decided
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Overview: Where defendants' design and construction services were completed before certificate of occupancy (CO) was issued and they had no further functions to perform regarding construction of plaintiffs' home, start date for purposes of statute of repose, N.J.S.A. § 2A:14-1.1(a), was date on which defendants completed work -- not date CO was issued.
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| Podias v. Mairs, DOCKET NO. A-6312-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 26, 2007, Decided
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Overview: The summary judgment dismissal of a wrongful death and survivorship action was reversed where it was determined that factual issues required submission to the jury as to whether the passengers in a car that struck a pedestrian owed a duty to the struck pedestrian in a case where the driver was unwilling or unable to seek emergency aid.
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| Ahammed v. Logandro, DOCKET NO. A-4993-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 27, 2007, Decided
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Overview: In auto accident suit, as plaintiffs counsel lulled defense counsel into mistakenly believing there was no viable workers' compensation defense because plaintiff was independent contractor to whom fellow servant rule, N.J.S.A. § 34:15-8, did not apply, defendant was properly allowed to assert § 34:15-8 as affirmative defense one week before trial.
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| Hughes v. Monmouth Univ., DOCKET NO. A-2227-06T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 27, 2007, Decided
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Overview: A board of adjustment's approval of a site plan and variances to a university to build a student dormitory was properly upheld since, under N.J.S.A. § 40:55D-69, or N.J.S.A. § 40A:9-22.5(d), no conflict of interest was shown by challenging neighboring residents as no current involvement with the board members and the university was established.
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| State v. Francis, A-31/63 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 27, 2007, Decided
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Overview: As State's misuse of grand jury to learn defendant's mitigation case occurred before indictment, dominant purpose test did not apply. Inquiry was whether his family members testimony was relevant to crimes under investigation, not whether grand jury was used for sole or main purpose of securing additional evidence against him for use at trial.
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| Trinity Church v. Atkin Olshin Lawson-Bell, DOCKET NO. A-3022-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 27, 2007, Decided
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Overview: A complaint asserting construction defects was properly dismissed on summary judgment as being filed beyond the statute of limitations period of N.J.S.A. § 2A:14-1, and other applicable limitations period, as the contract abrogated the discovery rule and plaintiff failed to establish any fraud or factual basis entitling it to equitable tolling.
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