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   State Courts - New Jersey - August 7 - August 8, 2006

  
Estate of Hainthaler v. Zurich Commercial Ins., DOCKET NO. A-0558-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 7, 2006, Decided
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Overview: Trial court erred in dismissing an insured's suit to compel UIM arbitration, filed six years after accident, as time-barred under N.J. Stat. Ann. § 2A:14-1 because parties had agreed to arbitration less than two years after accident. Issues were reason for failure to complete arbitration expeditiously and prejudice to insurer from that failure.

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Klusaritz v. Cape May County, DOCKET NO. A-1679-02T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 7, 2006, Decided
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Overview: As county's employee, an accountant, had been proven incompetent under N.J. Admin. Code § 4A:2-2.3(a)(1), state agency erred in reversing his termination and in imposing a six-month suspension; if employee could not competently perform the work required of his position, termination rather than progressive discipline was the appropriate action.

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City of Asbury Park v. Asbury Park Towers, DOCKET NO. A-1520-05T1, A-1167-05T1 n11 Appellant initially filed a protective interlocutory appeal from this order (A-1520-05T1) and thereafter filed a Notice of Appeal (A-1167-05T1). We granted leave to appeal and consolidated these appeals., SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 8, 2006, Decided
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Overview: A trial court did not abuse its discretion in a condemnation action by denying intervention, pursuant to R. 4:33-1 and R. 4:33-2, to a developer, who had contracted with a city to redevelop its waterfront, because the developer made no showing that the city, the condemning authority, did not adequately represent its interest.

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Hardwicke v. American Boychoir School, A-17 September Term 2004, SUPREME COURT OF NEW JERSEY, August 8, 2006, Decided
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Overview: Under the Child Sexual Abuse Act, a school is a person standing in loco parentis within a household, and an employer can be held vicariously liable. The Charitable Immunity Act immunizes charitable entities for negligence only; it does not bar statutory or common-law claims based on willful, wanton, or grossly negligent conduct.

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State v. Ali, C-887 September Term 2005, 59,294, SUPREME COURT OF NEW JERSEY, August 8, 2006, Filed
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State v. Allen, C-1089 September Term 2005, 59,570, SUPREME COURT OF NEW JERSEY, August 8, 2006, Filed
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State v. Roberts, C-969 September Term 2005, 59,392, SUPREME COURT OF NEW JERSEY, August 8, 2006, Filed
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State v. Rodriguez, C-1083 September Term 2005, 59,535, SUPREME COURT OF NEW JERSEY, August 8, 2006, Filed
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State v. Terry, C-1090 September Term 2005, 59,365, SUPREME COURT OF NEW JERSEY, August 8, 2006, Filed
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State v. Tilghman, C-1071 September Term 2005, 59,565, SUPREME COURT OF NEW JERSEY, August 8, 2006, Filed
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