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| In re Weiner, D-135 September Term 2006,
SUPREME COURT OF NEW JERSEY, June 28, 2007, Decided, June 28, 2007, Filed
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| State v. Franchetta, DOCKET NO. A-1498-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 28, 2007, Decided
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Overview: A rebound effect or hangover effect from the previous ingestion of cocaine constituted being under the influence of a narcotic drug, therefore, defendant's conviction under N.J.S.A. § 39:4-50, was upheld since, though the cocaine was not pharmacologically active at the time of the incident, it was the proximate cause of his impaired behavior.
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| Triffin v. Automatic Data Processing, Inc., DOCKET NO. A-6986-03T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 28, 2007, Decided
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Overview: A judgment of compensatory and punitive damages in favor of a drawer of certain dishonored or counterfeit checks was reversed on appeal since the drawer never relied on the misrepresentations of the buyer regarding fraudulent check assignments, therefore, not all of the elements of the counterclaim asserting common law fraud were present.
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| State v. Silva, DOCKET NO. A-2332-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 29, 2007, Decided
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Overview: On interlocutory review in a criminal trial involving aggravated assault and other charges against defendant, a trial court order taking judicial notice of another judge's factual finding in a related domestic violence proceeding was in error as under N.J.R.E. 201, acts that can be reasonably questioned or disputed may not be judicially noticed.
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| Van Duren v. Rzasa-Ormes, DOCKET NO. A-2133-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 29, 2007, Decided
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Overview: A clearly worded and unambiguous non-appealability clause in an arbitration agreement, executed between two parties of equal bargaining power that foreclosed judicial review of an arbitration award beyond the trial court level was enforceable; therefore, defendant's appeal was dismissed.
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| Brundage v. Estate of Carambio, DOCKET NO. A-5017-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 3, 2007, Decided
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Overview: In palimony case, plaintiff's lawyer had a duty under N.J. Ct. R. Prof. Conduct 3.3(a)(5) to inform an appellate panel, which ultimately denied defendant's motion for leave to appeal, of pending appeal in which he was counsel of record that involved the same issue as that raised in defendant's motion; thus, parties' settlement had to be set aside.
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| Riya Finnegan, LLC v. Township Council of S. Brunswick, DOCKET NO. A-3513-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 3, 2007, Decided
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Overview: Township council properly rezoned owner's property to allow only office, not commercial, development, based on N.J.S.A. § 40:55D-2(a) -- to protect the health, safety, and welfare of township residents. It did not need expert testimony to make its findings, but properly relied on views of residents who were opposed to overdevelopment in the area.
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| State v. Haynes, C-1173 September Term, 61,052,
SUPREME COURT OF NEW JERSEY, July 3, 2007, Decided
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