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| Commercial Ins. Co. of Newark v. Steiger, DOCKET NO. A-1314-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 20, 2007, Decided
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Overview: After the estate of a decedent settled in a products liability action arising from a one-car accident wherein the decedent was killed, the estate was not precluded from claiming benefits from the Uninsured Motorist (UM) insurer, pursuant to N.J.S.A. § 17:28-1.1, since the doctrine of judicial estoppel did not bar the UM claim due to the settlement.
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| In re Civil Commitment of J.M.B., DOCKET NO. A-6458-03T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 20, 2007, Decided
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Overview: The catchall provision of the Sexually Violent Predator Act (SVPA), N.J.S.A. § 30:4-27.26(b) permitted the psychiatric experts and the trial court to consider the factual circumstances of the offenses in making the determination of whether the committee had committed sexually violent offenses and was a sexual predator under the SVPA.
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| In re Sills Cummis Zuckerman, Radin Tischman Epstein & Gross, D-119 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 20, 2007, Filed
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| State v. Lopez, DOCKET NO. A-4469-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 20, 2007, Decided
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Overview: With regard to defendant's merged convictions for kidnapping and aggravated criminal sexual contact, as provided in N.J.S.A. § 2C:13-1(c)(2), a trial court had no discretion to impose a sentence other than the mandatory 25-year term of imprisonment, without eligibility for parole, required, therefore, resentencing was required on remand.
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| In re Bator, DOCKET NO. A-5028-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 23, 2007, Decided
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Overview: That sister of the Commissioner of New Jersey Board of Public Utilities (BPU) was a BPU employee (Chief of New Jersey Bureau of Rates and Tariffs) required Commissioner's recusal in considering BPU matters on which sister worked, as sister's significant role in the Bureau created disqualifying conflict of interest under N.J.S.A. § 52:13D-23(e)(7).
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| Sammarone v. Bovino, DOCKET NO. A-6287-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 23, 2007, Decided
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Overview: Developers knew that, under N.J.S.A. § 45:15-3, plaintiff could not sue them for commissions as he was not licensed real estate broker; they may have been able to negotiate higher price for land and beat out competitors. He was entitled to try to show that denying him commission would unfairly benefit developers and not further § 45:15-3's purpose.
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| Richardson v. Board of Trs., A-100 September Term 2005,
SUPREME COURT OF NEW JERSEY, July 24, 2007, Decided
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Overview: An injured corrections officer was entitled to an accidental disability pension, pursuant to N.J.S.A. § 43:16A-7, as a result of being injured while subduing a violent inmate as the injury was an unexpected happening during the performance of his ordinary duties, was not the result of a pre-existing disease, and caused a permanent disability.
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