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| Knight v. AAA Midatlantic Ins. Co., DOCKET NO. A-3621-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 5, 2007, Decided
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Overview: An award of counsel fees and costs, pursuant to R. 4:42-9(a)(6) and R. 4:42-8, was available to a first-party insured who prevailed in an action to obtain extended medical-expense benefits under N.J.A.C. 11:3-7.3(b). As such, a trial court erred by denying the insured's requests for fees and costs since it was the prevailing party via a settlement.
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| Robert James Pacilli Homes, L.L.C. v. Township of Woolwich, DOCKET NO. A-3622-05T5, A-3818-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 5, 2007, Decided
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Overview: Amendments to a zoning ordinance changing density and bulk standards and increasing open space and greenway land requirements for subdivisions were invalid because the breadth and impact of amendments effected a change of classification within three residential zones and required notice as prescribed by N.J.S.A. § 40:55D-62.1.
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| Denike v. Cupo, DOCKET NO. A-3597-05T3 AND A-4135-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 6, 2007, Decided
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Overview: Because the trial judge negotiated his post-retirement-employment with plaintiff's firm after he had rendered all substantive decisions in a case involving the buyout of a limited liability company member, there was no appearance of impropriety and the trial court properly denied defendant's motion to vacate the judgment and grant a new trial.
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| Schmoll v. J.S. Hovnanian & Sons, LLC, DOCKET NO. A-4815-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 6, 2007, Decided
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Overview: A counsel fee award granted by a trial court, pursuant to the Consumer Fraud Act (CFA), N.J.S.A. § 56:8-19, was properly made after a mid-trial settlement of a multi-count class action as plaintiffs' CFA claim was still viable and the injunctive relief agreed upon in the settlement was what plaintiffs had substantially sought in their CFA count.
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| State v. Conklin, DOCKET NO. A-2439-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 6, 2007, Decided
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Overview: A trial judge erred by dismissing an indictment charging terroristic threats, in violation of N.J.S.A. § 2C:12-3(a), since threats to kill were subject to prosecution under either § 2C:12-3(a) or (b) as the elements of each subsection differed and the prosecutor had the discretion to choose either statutory provision.
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