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   State Courts - New Jersey - July 17, 2007

  
Cramer Hill Residents Ass'n v. Primas, DOCKET NO. A-5486-05T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 17, 2007, Decided
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Overview: Though city could take property by eminent domain under N.J.S.A. § 52:27D-325 without first obtaining certification from New Jersey Council on Affordable Housing agency, remand was required to determine whether there was rational nexus between city's exercise of the power of eminent domain and an increase in the number of affordable housing units.

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Flick v. PMA Ins. Co., DOCKET NO. A-0202-06T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 17, 2007, Decided
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Overview: The dismissal of plaintiff's complaint for damages based on a workers' compensation third-party administrator's delays and failures to comply with various orders was affirmed as plaintiff failed to exhaust all administrative remedies available before the judge of workers' compensation as set forth in N.J.S.A. § 34:15-28.1 and N.J.A.C. 12:235-3.14.

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In re Hediger, D-40 September Term 2006, SUPREME COURT OF NEW JERSEY, July 17, 2007, Filed
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Overview: In a disciplinary matter, an attorney was censured for violating N.J. Ct. R. Prof. Conduct 1.3, 1.15(a) and (b), 7.5(d), and 8.1(b) as a result of failing to safekeep a client's property, failing to deliver funds promptly to a third party, failing to cooperate with disciplinary authorities and other reasons.

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In re Hediger, D-124 September Term 2006, SUPREME COURT OF NEW JERSEY, July 17, 2007, Filed
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Overview: An attorney was censured and ordered to practice law under supervision for a period of two years due to violating N.J. Ct. R. Prof. Conduct 1.3, 1.4, 1.15(d), 8.1(b), and R. 1:21-6, as a result of lacking diligence in the representation of a client, failing to communicate with a client, committing recordkeeping violations, and other violations.

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In re LeBlanc, D-128 September Term 2006, SUPREME COURT OF NEW JERSEY, July 17, 2007, Filed
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New Century Fin. Servs. v. Dennegar, DOCKET NO. A-5403-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 17, 2007, Decided
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Overview: Defendant was properly held liable for credit card debt, despite his claims he never applied for or used card, as evidence supported finding that he either expressly applied for card, or authorized his roommate -- to whom he had ceded authority over his finances -- to apply for and use it. Thus, TILA did not limit his liability.

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R.A.C. v. P.J.S., A-5 September Term 2006, SUPREME COURT OF NEW JERSEY, July 17, 2007, Decided
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Overview: The statute of repose set forth in the New Jersey Parentage Act of 1983, N.J.S.A. § 9:17-45(b), was not subject to the doctrine of equitable tolling, therefore, a father's suit seeking child support reimbursement against the biological father was time-barred since it was brought eight years after the child at issue turned 23 years of age.

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