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| Arias v. Figueroa, DOCKET NO. A-1866-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 23, 2007, Decided
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Overview: N.Y. Veh. & Traf. Law § 388(1), making vehicle owners vicariously liable for negligence of permissive users, had no extra-territorial effect. Thus, as accident occurred in New Jersey, motorist lived there, and auto lessor had headquarters there, New Jersey law applied to claim by motorist's UIM insurer that lessor was vicariously liable.
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| Hetsberger v. Department of Corr., DOCKET NO. A-4813-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 24, 2007, Decided
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Overview: Trial court erred by limiting its analysis to First Amendment standards when ruling on an inmate's claim that the New Jersey Department of Corrections violated 42 U.S.C.S. § 2000cc-1 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), as inmate was entitled to a summary judgment evaluation by RLUIPA's separate standards.
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| Jones v. Department of Cmty. Affairs, DOCKET NO. A-0701-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 24, 2007, Decided
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Overview: In an administrative action involving alleged violations of the Rooming and Boarding House Act of 1979, N.J.S.A. §§ 55:13B-1 to -21, the administrative agency was permitted to address constitutional questions necessary to the complete resolution of the contested case and, therefore, the case was remanded for such consideration.
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| M.S. v. Millburn Police Dep't, DOCKET NO. A-5601-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 28, 2007, Decided
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Overview: The prohibition set by N.J.S.A. § 2C:58-3(c)(8), that a Firearms Purchase Identification card shall not be issued to any person whose firearm was seized pursuant to a domestic violence act and whose firearm had not been returned, survived even if the domestic violence restraining order was vacated.
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| J.H. v. Mercer County Youth Det. Ctr., DOCKET NO. A-3637-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 29, 2007, Decided
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Overview: In a former detainee's suit against a county and its youth detention center asserting violations of the Child Sexual Abuse Act (CSAA), N.J.S.A. § 2A:61B-1 et seq., the detention center fell within the statutory definition of a person standing in loco parentis within a household under the CSAA, therefore, that count should not have been dismissed.
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| Exit A Plus Realty v. Zuniga, DOCKET NO. A-5406-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 5, 2007, Decided
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Overview: In a suit wherein real estate offices sought its commissions regarding the sale of certain real estate, a trial court erred in dismissing the complaints based on an agent failing to leave the listing agreement with the seller because if a broker violated N.J.S.A. § 45:15-17(f), the agreement was voidable, but was not automatically null and void.
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| International Union of Operating Eng'rs Local No. 68 Welfare Fund v. Merck & Co., A-22 September Term 2006,
SUPREME COURT OF NEW JERSEY, September 6, 2007, Decided
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Overview: In trust fund's suit alleging company violated New Jersey's Consumer Fraud Act, certification of nationwide class was not appropriate under R. 4:32-1(b)(3), as class action was not superior to other means of redress. There was no disparity in parties bargaining power and claims were not individually so small that they were unlikely to be pursued.
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| State v. Nyhammer, DOCKET NO. A-5672-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 6, 2007, Decided
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Overview: Defendant's conviction of aggravated sexual assault on a 9-year-old girl, in violation of N.J.S.A. § 2C:14-2(a)(1), was reversed on appeal as defendant did not make a knowing and voluntary waiver of his right to remain silent when he confessed after being asked to the police station by an investigator to give a statement regarding another man.
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| In re Cameron, D-155 September Term 2006,
SUPREME COURT OF NEW JERSEY, September 7, 2007, Filed
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