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| Atlantic Mut. Ins. Co. v. Hillside Bottling Co., Inc., DOCKET NO. A-2169-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 9, 2006, Decided
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Overview: Where insured made beverages using formula and ingredients supplied by its customers, it created a product and performed work as defined by its comprehensive general liability (CGL) policy. Thus, its claims for costs borne by its customers in recalling contaminated beverages were not covered by CGL policy but fell within business risk exclusion.
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| Delta Funding Corp. v. Harris, A-44 September Term 2005,
SUPREME COURT OF NEW JERSEY, August 9, 2006, Decided
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Overview: As a mortgagor sued mortgagee to vindicate her claimed rights under Truth in Lending Act and other consumer protection statutes, to extent provisions of parties' arbitration agreement were interpreted to allow the arbitrators to force the mortgagor to pay all arbitration costs if she did not prevail, they were unconscionable under New Jersey law.
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| Donvito v. Board of Educ. of Northern Valley Regional High School Dist., DOCKET NO. A-5867-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 9, 2006, Decided
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Overview: Former employee, home instructor who worked for school district on as-needed basis, was ineligible for tenure as she was not part of regular teaching staff for purposes of N.J. Stat. Ann. § 18A-29-5. As her position lacked many obligations of full-time teaching positions, position lacked regularity and consistency needed to attain tenure status.
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| Muhammad v. County Bank of Rehoboth Beach, Delaware, A-39 September Term 2005,
SUPREME COURT OF NEW JERSEY, August 9, 2006, Decided
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Overview: A provision in a consumer loan contract that forbade class-wide arbitration was unconscionable and, therefore, unenforceable. The appropriate remedy was to sever the unconscionable provision and enforce the remaining valid portions of the arbitration agreement.
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| C.W. v. Cooper Health Sys., DOCKET NO. A-6100-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 10, 2006, Decided
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Overview: A health care provider, who orders an HIV test for a patient, was held to have a duty to take reasonable measures to notify that patient of the results of the test. The provider was also held to become civilly liable to not only the patient but to all reasonably foreseeable individuals who contract the virus from the HIV positive patient.
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| Hemisphere Int'l Plaza, L.P. v. City of Newark, DOCKET NO. A-0499-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 10, 2006, Decided
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Overview: In a taxpayer's cross-appeal of a real property tax assessment reduction, the judgment of a trial court was reversed as to its findings on the cost for new windows in the taxpayer's office building and the disallowance of the cost for replacement ceiling tiles as the trial court relied on the cost of other repairs in making its calculations.
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| State v. Moore, A-38 September Term 2003,
SUPREME COURT OF NEW JERSEY, August 10, 2006, Decided
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Overview: Hypnotically refreshed testimony of a witness in a criminal trial was held generally inadmissible, with prior caselaw permitting the same and establishing guidelines for the admissibility of hypnotically refreshed testimony ordered to be no longer followed in New Jersey.
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| Singh v. Sidana, DOCKET NO. A-3553-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 11, 2006, Decided
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Overview: As plaintiffs, pursuant to Uniform Enforcement of Foreign Judgments Act, filed a California judgment in New Jersey while the judgment was still viable, it was enforceable in New Jersey under N.J. Stat. Ann. §§ 2A:14-5 and 24:49A-27 even though it had since expired under California's shorter (10-year) life span for the judgment.
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