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| State v. Lykes, A-80 September Term 2006,
SUPREME COURT OF NEW JERSEY, November 5, 2007, Decided
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Overview: Because defendant placed his knowledge as to the contents of four vials directly at issue with regard to his trial on cocaine possession, in violation of N.J. Stat. Ann. § 2C:35-10(a)(1). N.J.R.E. 404(b) did not bar the limited impeachment use of his admission of having earlier held cocaine vials and the questions allowed in that area were proper.
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| Baldassano v. High Point Ins. Co., DOCKET NO. A-2183-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 8, 2007, Decided
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Overview: In a suit wherein an insured complained that an insurers agent negligently failed to advise him of the availability of higher underinsured motorist limits, the insurer was immune from liability, pursuant to N.J.S.A. § 17:28-1.9, as the insured repeatedly signed and returned the form with the coverage limits selected by the agent.
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| Citizens Voices Ass'n v. Collings Lakes Civic Ass'n, DOCKET NO. A-1025-06T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 8, 2007, Decided
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Overview: In a suit to quiet title and to remove deed restrictions, a trial court judgment upholding the validity of a $ 48 annual assessment in a lake community was proper as the deed clearly created the easement and attendant covenants authorized the charge, but did not authorize any increase in that amount without the consent of the property owners.
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| In re Contest of the Nov. 8, 2005 Gen. Election, A-90 September Term 2006,
SUPREME COURT OF NEW JERSEY, November 8, 2007, Decided
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Overview: An election contest petition filed pursuant to N.J.S.A. §§ 19:29-1 to -14, challenging a township mayoral election, was held to survive a motion to dismiss for failure to state a claim since it listed the names and election districts of the voters whose votes were being challenged, included the basis for the challenge, and described irregularities.
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| Ocean Med. Imaging Assocs. v. New Jersey Dep't of Health & Senior Servs., DOCKET NO. A-0362-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 13, 2007, Decided
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Overview: In an action wherein several ambulatory care facilities challenged the validity of N.J. Stat. Ann. § 26:2H-18.57, the validity of the statute was upheld as it was within the statutory authority of the New Jersey Department of Health and Senior Services and it upheld the legislative goal of subsidizing charity care.
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| Massachi v. AHL Servs., DOCKET NO. A-1113-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 15, 2007, Decided
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Overview: The immunity afforded by the Tort Claims Act, N.J.S.A. § 59:5-4, for failure to provide police protection or sufficient police protection, did not immunize a public entity from liability for a 9-1-1 operator's negligent performance of her ministerial responsibilities in the handling of an emergency call.
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| Morel v. State Farm Ins. Co., DOCKET NO. A-1464-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 16, 2007, Decided
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Overview: A judgment confirming an arbitration award in favor of an insurer was reversed because, though there was generally no right to appeal from a decision in an arbitration case under N.J.S.A. § 2A:23A-18, the losing party, the insured, was allowed to appeal since the trial judge completely failed to apply the statutory standards of review.
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| State v. Gaither, DOCKET NO. A-3063-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 16, 2007, Decided
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Overview: The denial of defendant's petition for post-conviction relief (PCR) was upheld as though R. 3:22-6(d) required PCR counsel to advance any grounds insisted upon by defendant, that mandate did not apply to appellate counsel and appellate counsel's failure to communicate with defendant was held not to constitute per se ineffective assistance.
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