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| Housing Auth. of Bayonne v. Mims, DOCKET NO. A-5158-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 15, 2007, Decided
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Overview: In a landlord-tenant eviction matter involving rent regulated housing, a trial court judge erred by concluding that the Tenant Reprisal Act, N.J.S.A. §§ 2A:42-10.10 to -10.14, was preempted by federal law after determining that the eviction was retaliatory. As a result, the eviction of the tenants was set aside.
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| In re Beck, D-161 September Term 2006,
SUPREME COURT OF NEW JERSEY, October 15, 2007, Filed
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Overview: An attorney was disbarred under the default procedures of R. 1:20-4(f) as a result of violating N.J. Ct. R. Prof. Conduct 1.2, with regard to not abiding by a client's decision whether to accept an offer of settlement of a matter, as well as for violating N.J. Ct. R. Prof. Conduct 8.1, for failing to cooperate with disciplinary authorities.
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| State v. Chambers, DOCKET NO. A-6180-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 15, 2007, Decided
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Overview: With regard to defendant's drug related convictions, the reviewing court upheld the trial court finding that a museum qualified as a public building, pursuant to N.J.S.A. § 2C:35-7.1, with regard to his conviction for possession with the intent to distribute within 500 feet of a public building, despite the museum not maintaining regular hours.
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| Trimarco v. Trimarco, DOCKET NO. A-4093-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 15, 2007, Decided
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Overview: A trial court did not abuse its discretion in awarding counsel fees to a shareholder in a derivative action against a corporation, pursuant to R. 4:42-9(a)(2), since the benefits the shareholder obtained for the corporation by the litigation created a fund in court for the corporation's benefit.
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| In re Trust of Vander Poel, DOCKET NO. A-0983-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 17, 2007, Decided
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Overview: When a settlor's son was income beneficiary of her trust, with the remainder going to his "issue," his stepchild, whom he adopted when she was an adult, was not entitled to part of the remainder because, as an adult adoptee, she could not inherit from a stranger to her adoption, and the concept of equitable adoption did not apply to adult adoptees.
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| Bosland v. Warnock Dodge, Inc., DOCKET NO. A-1369-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 18, 2007, Decided
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Overview: The dismissal of plaintiff's consumer fraud case under N.J.S.A. §§ 56:8-1 to -20 was reversed as she sufficiently alleged a regulatory violation due to a car dealership overcharging for a registration fee and, as such, also made out a claim under the Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. §§ 56:12-14 to -18.
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| Ries v. Department of Corr., DOCKET NO. A-6484-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 18, 2007, Decided
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Overview: The discipline of a prisoner, who tested positive for drugs upon his return to a State prison after escaping, for violating N.J.A.C. 10A:4-4.1, was upheld because under N.J.S.A. § 30:1B-3 and N.J.S.A. § 30:4-91.3, the Commissioner of Corrections maintained authority over any committed person, even when they were physically outside prison walls.
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| Shuster v. Board of Review, DOL, DOCKET NO. A-1880-06T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 18, 2007, Decided
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Overview: A former employee was not disqualified from receiving unemployment compensation benefits under N.J.S.A. § 43:21-5(a) for voluntarily leaving as she established that she was compelled to resign because of a real, imminent, and substantial risk of losing her job after being advised by the employer to leave.
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| Sroczynski v. Milek, DOCKET NO. A-3103-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 19, 2007, Decided
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Overview: An insurer's cancellation of an employer's workers' compensation policy was ineffective because the insurer's electronic transmission of notice of cancellation to the Commissioner of Banking and Insurance, under N.J.S.A. § 34:15-81, included no "certified statement" of cancellation, under N.J.S.A. § 34:15-81(b), and strict compliance was required.
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