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   State Courts - New Jersey - July 27 - July 30, 2007

  
In re Desiderio, D-141 September Term 2006, SUPREME COURT OF NEW JERSEY, July 27, 2007, Decided, July 27, 2007, Filed
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In re Seitel, D-142 September Term 2006, SUPREME COURT OF NEW JERSEY, July 27, 2007, Decided, July 27, 2007, Filed
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Nationwide Mut. Fire Ins. Co. v. Fiouris, DOCKET NO. A-5458-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 27, 2007, Decided
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Overview: The dismissal of an insurer's suit seeking to void an auto liability policy issued to an insured for fraud when the policy was issued was reversed on appeal as the fact that medical providers sought arbitration of their personal injury protection benefits claims did not preclude judicial resolution of the insurer's suit under N.J.S.A. § 39:6A-5.1.

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Vineland Constr. Co. v. Township of Pennsauken, DOCKET NO. A-3136-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 27, 2007, Decided
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Overview: A contest to a master redeveloper's designation to redevelop a company's land was properly dismissed because the company had no constitutional right to redevelop its land, and, once a need for redevelopment was found, the Local Redevelopment and Housing Law, N.J.S.A. §§ 40A:12A-1 to -73, let the township condemn it and appoint a master redeveloper.

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In re Devaney, D-143 September Term 2006, SUPREME COURT OF NEW JERSEY, July 30, 2007, Decided, July 30, 2007, Filed
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In re Romaniello, D-126 September Term 2006, SUPREME COURT OF NEW JERSEY, July 30, 2007, Filed
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Schorpp-Replogle v. New Jersey Mfrs. Ins. Co., DOCKET NO. A-0915-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 30, 2007, Decided
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Overview: In a workers' compensation appeal, tinnitus was held to qualify as a compensable disability under N.J.S.A. § 34:15-36, provided that the condition was due in a material degree to exposure to harmful noise at the employee's workplace, it materially impaired one's working ability, and was corroborated by objective medical testing.

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Sheika v. New Jersey Dep't of Corr., DOCKET NO. A-4124-05T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 30, 2007, Decided
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Overview: An inmate transferred nonconsensually to an out-of-state prison, pursuant to N.J.S.A. §§ 30:7C-1 to -12, was entitled to a new hearing where the record established that he did not receive adequate notice of the charges against him nor was given other procedural due process, as required in N.J.A.C. 10A:10-3.1 to -3.19.

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State v. Elders, A-42 September Term 2006, SUPREME COURT OF NEW JERSEY, July 30, 2007, Decided
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Overview: An appellate court erred by reversing a trial court's suppression of evidence seized from defendants' disabled vehicle, which was stopped on the side of a highway, because the officers lacked a reasonable and articulable suspicion, under N.J. Const. art. I, para. 7, that criminal activity would be discovered to have sought a consent to search.

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