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| State v. DeMarco, DOCKET NO. A-5553-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 18, 2006, Decided.
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Overview: Where defendant sought DNA testing which excluded his sperm in pretrial testing, advanced testing techniques and creation of subsequent data banks following his 1994 conviction for murder warranted testing of remaining samples in an effort to support his claim of third-party guilt.
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| State v. King, DOCKET NO. A-5836-04T1, A-5837-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 18, 2006, Decided
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Overview: On an interlocutory appeal in a murder prosecution, defendant was permitted to present psychiatric testimony that his narcissistic and antisocial personality disorders were consistent with his claim of false confession.
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| State, Dep't of Treasury, Div. of Inv. ex rel. McCormac v. Qwest Communications Intern., Inc., DOCKET NO. A-2503-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 18, 2006, Decided
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Overview: Though N.J. Stat. Ann. § 2A:53A-25(b) applied only to negligence actions, it did not shield accountants from intentional acts of fraud or assisting a client in such fraud; therefore, since plaintiff's complaint sufficiently alleged an accounting firm aided a corporation's inflated revenue reports, the complaint should not have been dismissed.
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| State, Dep't of Treasury, Div. of Inv. ex rel. McCormac v. Qwest Communications Intern., Inc., DOCKET NO. A-2505-04T1, A-2511-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 18, 2006, Decided
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Overview: In a securities fraud case, an appellate court affirmed the exercise of personal jurisdiction over three individual corporate officers since their alleged intentional conduct of disseminating false information to cause injury in New Jersey established sufficient contacts with the State despite their non-residency.
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| Great Northern Ins. Co. v. Leontarakis, DOCKET NO. A-4387-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 21, 2006, Decided
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Overview: In a dispute between adjoining landowners, an involuntary dismissal order was reversed on appeal because a reasonable jury could find defendant breached a nondelegable statutory duty, pursuant to N.J. Stat. Ann. § 46:10-1, to provide lateral support to plaintiff's property despite an independent contractor performing the work.
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| Plemmons v. Blue Chip Ins. Services, Inc., DOCKET NO. A-0414-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 21, 2006, Decided
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Overview: An insurance broker was held not subject to liability under the Consumer Fraud Act, N.J. Stat. Ann. §§ 56:8-1 to -20. The Uniform Construction Code Act and Municipal Land Use Law provided administrative and judicial remedies for alleged arbitrary action by municipal officials that satisfied the requirements of procedural due process.
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| Salem Management Co. v. Township of Lopatcong, DOCKET NO. A-5981-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 21, 2006, Decided
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Overview: Landlord that owned 90 percent of the rental properties in a township claimed a rent control ordinance was unconstitutional. That claim was properly rejected because pursuant to N.J. Stat. Ann. § 40:48-2, the monopolistic conditions of the rental market provided a rational basis for the township's council to enact the ordinance.
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| State v. Castagna, DOCKET NO. A-5712-03T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 21, 2006, Decided
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Overview: Defendant's conviction for harassment was reversed on appeal where his conversations with his wife's uncle, asking to relay a conciliatory message, did not satisfy the element of causing another to make a communication, in violation of N.J. Stat. Ann. § 2C:33-4(a), since the uncle did not find defendant threatening or angry.
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| New Plan Realty Trust v. Brick Twp., DOCKET NO. 003320-2005, DOCKET NO. 003022-2005,
TAX COURT OF NEW JERSEY, August 22, 2006, Decided
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Overview: In an assessment appeal, a trial court dismissed two taxpayer's cases where the taxpayers failed to comply with N.J. Stat. Ann. § 54:4-34, as amended by 1979 N.J. Laws 91, which required the taxpayers to respond to an assessor's request for income and expense information regarding their property within 45 days or have their tax appeal dismissed.
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| Random House, Inc. v. Director, Div. of Taxation, DOCKET NO. A-1359-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 23, 2006, Decided
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Overview: A publisher's books that were sold and distributed in New Jersey were properly determined to not be within the scope of paper products and household paper subject to the litter control tax under N.J.S.A. § 13:1E-94(e)(12).
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