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| Bender v. Adelson, A-37 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 19, 2006, Decided
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Overview: In a medical malpractice suit, although the trial court did not abuse its discretion when it barred defendants' experts, the comment made by plaintiff's counsel on summation about the absence of those experts had the capacity to mislead the jury and effected a miscarriage of justice requiring a new trial, pursuant to N.J. Ct. R. 4:49-1(a).
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| Del Vecchio v. Hemberger, DOCKET NO. A-5284-04T2, A-5653-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 19, 2006, Decided
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Overview: Where a judgment of foreclosure was entered a mere one day after execution of a certification of non-redemption under N.J. Stat. Ann. § 54:5-86, there was nothing improper in the entry of that judgment to warrant vacating it pursuant to N.J. Ct. R. 4:50-1; therefore, any post-judgment redemption by the property owners was barred.
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| Roberts v. State, Div. of State Police, DOCKET NO. A-5405-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 19, 2006, Decided
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Overview: When the conduct of a State Police trooper was the subject of a criminal investigation and an investigation by the State Police to determine whether disciplinary charges should be filed, the 45-day period in N.J. Stat. Ann. § 53:1-33 did not commence until sufficient information was provided to the Superintendent to support the need for discipline.
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| Sahli v. Woodbine Bd. of Educ., DOCKET NO. A-3591-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 19, 2006, Decided , July 19, 2006, Filed
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Overview: School board was not obliged to indemnify board counsel in a suit against him by a former school employee because N.J. Stat. Ann. § 18A:16-6 provided protection only to school board members, employees, and students preparing for a teaching career and not to an attorney retained by the school board to act as its solicitor.
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| Tlumac v. High Bridge Stone, A-69 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 19, 2006, Decided
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Overview: For the statutory defense of intoxication to bar recovery for workers' compensation benefits, pursuant to N.J. Stat. Ann. § 34:15-7, the employer was required to show by a preponderance of the evidence that the employee's work-related injuries were caused solely by intoxication.
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| Wilson v. Hopewell Twp., DOCKET NO. 007429-2005,
TAX COURT OF NEW JERSEY, July 19, 2006 n1, Decided1 This opinion was originally delivered to the parties in the form of a letter opinion dated July 17, 2006. The opinion was later approved for publication by the Tax Court Committee on Opinions on August 17, 2006 and minor editorial changes have been made to the original opinion.
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Overview: Property used for woodland was deemed to be in agricultural use, pursuant to N.J.S.A. § 54:4-23.3, and a municipality was, therefore, not entitled to impose a rollback assessment for the same on a taxpayer. Other acreage that was left to fallow with no intent of returning the land to an agricultural use was subject to the rollback assessment.
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