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| In re Vioxx Litig., DOCKET NO. A-1731-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 31, 2007, Decided
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Overview: An order of a trial court dismissing the VIOXX related claims of 98 plaintiffs residing in the United Kingdom (U.K.) on grounds of forum non conveniens was upheld as the U.K. provided an adequate alternative forum and the relevant public interest factors were well satisfied by the over 15,000 pending suits brought by domestic residents.
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| Johnson v. Scaccetti, A-36 September Term 2006,
SUPREME COURT OF NEW JERSEY, July 31, 2007, Decided
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Overview: An alleged injured party's chipped teeth were not "displaced fractures" under the lawsuit threshold in N.J.S.A. § 39:6A-8(a), limiting a right to sue to certain injuries, but once she suffered a bodily injury satisfying the threshold, a jury could consider other injuries in finding noneconomic damages, and her spinal injury satisfied the threshold.
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| Klawitter v. City of Trenton, DOCKET NO. A-0208-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 31, 2007, Decided
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Overview: A police sergeant's right to cancel his retirement under pension regulations, pursuant to N.J.A.C. 17:4- 6.3, did not entitle him to immediate reemployment, which, instead, was controlled by priorities promulgated by civil service laws and regulations. Therefore, partial summary judgment in the sergeant's favor was reversed on appeal.
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| Ocean Seniors, L.L.C. v. Township of Ocean Sewerage Auth., DOCKET NO. A-6495-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 31, 2007, Decided
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Overview: A sewerage authority's determination to impose the same connection fee both upon single-family residences and upon age-restricted apartments did not violate equal protection since, under N.J.S.A. § 40:14A-8(b), the authority had the discretion to do so. Therefore, the authority was properly granted summary judgment in an assessment challenge.
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| State v. Spell, DOCKET NO. A-4186-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 31, 2007, Decided
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Overview: Defendant's conviction for refusal to take a breathalyzer test, under N.J.S.A. § 39:4-50.2, was affirmed as it was clear that he unequivocally refused the test, however, effective October 1, 2007, officers must read the additional paragraph of the promulgated statement of the Motor Vehicle Commission before any refusal conviction can be sustained.
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| In re N.J.A.C. 12:17-9.6, DOCKET NO. A-4026-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 1, 2007, Decided
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Overview: N.J.A.C. 12:17-9.6, letting employees participating in a voluntary layoff or early retirement program receive unemployment compensation, was invalid because it contravened the policies of the Unemployment Compensation Act, N.J.S.A. §§ 43:21-1 to -71, and was inconsistent with the New Jersey Supreme Court's interpretation of N.J.S.A. § 43:21-5(a).
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| Goldhaber v. Kohlenberg, DOCKET NO. A-5114-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 2, 2007, Decided
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Overview: The State of New Jersey was held to properly exercise jurisdiction over defendant, a State of California resident with no contacts in New Jersey, who allegedly posted defamatory messages about plaintiffs, New Jersey residents, on an on-line news group as defendant knew of plaintiffs' residency when he made the postings.
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| In re Devereaux, D-145 September Term 2006,
SUPREME COURT OF NEW JERSEY, August 2, 2007, Filed
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| In re G.R., DOCKET NO. A-0079-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 3, 2007, Decided
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Overview: Appellant's petition for expungement was properly denied based on the statutory bar of N.J.S.A. § 2C:52-2(c), because the grand jury transcripts established that appellant had intended to sell the narcotics he was convicted of possessing with the intent to distribute.
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