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| I.L. v. New Jersey Dept. of Human Services, Div. of Medical Assistance & Health Services, DOCKET NO. A-3476-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 25, 2006, Decided
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Overview: A nursing home patient was eligible for Medicaid Only benefits because the patient's medical condition rendered those assets not accessible under N.J.A.C. 10:71-4.4(b)(6), thereby excluding the cash value of the life insurance policies from the patient's countable resources.
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| Johnson v. Dobrosky, A-41 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 25, 2006, Decided
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Overview: In a case under the New Jersey Wrongful Death Act, as the decedent's conviction for welfare fraud was not related to the likelihood of her rendering future advice, guidance, and counsel to her family or the extent of those contributions, but was offered to prove her bad character, in violation of N.J. R. Evid. 404(c), a new trial was required.
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| Notte v. Merchants Mut. Ins. Co., DOCKET NO. A-2073-04T32,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 25, 2006, Decided
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Overview: As employee's claim against employer under New Jersey Conscientious Employee Protection Act (CEPA), N.J. Stat. Ann. §§ 34:19-1 to -8, was time-barred, CEPA's waiver provision, N.J. Stat. Ann. § 34:19-8, did not preclude him from amending complaint to assert common law and statutory wrongful discharge claims that were unrelated to CEPA.
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| State v. Ernst & Young, L.L.P., DOCKET NO. A-5874-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 25, 2006, Decided
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Overview: Firm breached public contract issued under N.J. Stat. Ann. § 52:34-12. State, which refused to accept as a substitute a qualified consultant whose bid was slightly lower than the firm's, and instead accepted the highest bidder without stating a reasonable basis for doing so, was not entitled to any damages because it failed to mitigate its damages.
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| State v. Martini, A-36 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 25, 2006, Decided
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Overview: As inmate pointed to flaw in model jury charge, high court did not enforce N.J. Ct. R. 3:22-4's bar against considering issues not raised in prior proceeding, as this would cause fundamental injustice. It admonished courts in capital cases not to charge jury to attempt to reach agreement on question of whether particular mitigating factor existed.
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| Davis v. City of Plainfield, DOCKET NO.: UNN-C-83-06,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, UNION COUNTY, July 26, 2006, Decided
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Overview: A complaint challenging a mayor's election to office was dismissed where plaintiffs failed to challenge the election within 30 days of the same, as required by N.J.S.A. § 19:29-3, and the city charter was interpreted to require four years of cumulative or consecutive legal voting status before being qualified for election.
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| Marshall v. Klebanov, A-76 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 26, 2006, Decided
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Overview: Dismissing malpractice suit against psychiatrist whose former patient committed suicide was error, as N.J. Stat. Ann. § 2A:62A-16(a) did not immunize him from liability if, as alleged, he abandoned seriously depressed patient and negligently failed to provide her with adequate monitoring or treatment in accordance with accepted standards of care.
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| New Jersey State Bar Ass'n v. State, DOCKET NO. A-6188-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 26, 2006, Decided
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Overview: Section 27 of New Jersey Medical Access and Responsibility and Patient's First Act, 2004 N.J. Laws 17, did not violate Equal Protection Clause or N.J. Const. art. I, para. 1, by imposing $75 tax on attorneys, as tax was rationally related to legitimate state interest in creating a fund to address a perceived crisis in public access to medical care.
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| State v. Morrison, A-81 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 26, 2006, Decided
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Overview: Victim died of heroin overdose. As evidence showed that he and defendant were joint buyers of the drug and thus no act of "distribution" occurred between them, trial court did not abuse its discretion in dismissing charges of drug distribution (N.J. Stat. Ann. § 2C:35-5) and strict liability for drug-induced death (N.J. Stat. Ann. § 2C:35-9).
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