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| Oceanport Holding, L.L.C. v. Borough of Oceanport, DOCKET NO. A-6127-05T36127-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 7, 2007, Decided
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Overview: A developer seeking to build affordable housing sued a borough, alleging its zoning ordinance violated Mount Laurel. Trial court's dismissal of suit was error, as the developer had not been required to attempt to obtain relief from the zoning applicable to its property without litigation in order to have standing to maintain a Mount Laurel action.
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| State v. Emmons, DOCKET NO. A-5689-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 7, 2007, Decided
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Overview: N.J. Stat. Ann. § 2C:29-7, which banned defendant's "knowing" failure to appear in court without lawful excuse, was constitutional, as defendant had no burden to disprove "knowing" element of the offense, and jury instruction could not state that defendant had the burden to prove that his failure to appear was "not knowingly."
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| B.D. v. Division of Med. Assistance & Health Servs., DOCKET NO. A-1868-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 10, 2007, Decided
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Overview: Homecare assistance recipient sold her home to her grandson, and kept leasehold in apartment in home for her life term. As nature of leasehold interest was not explained by lease or extrinsic evidence, whether she received fair market value for leasehold interest, for purpose of determining benefits eligibility, could not be determined from record.
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| Basil v. Wolf, A-80 September Term 2005, A-110 September Term 2006,
SUPREME COURT OF NEW JERSEY, December 11, 2007, Decided
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Overview: Workers compensation insurer was not transformed into a medical services provider simply because it required an independent medical examination by its contact doctor as part of its approval for a claimant's treatment; therefore, it was immune from suit under N.J. Stat. Ann. § 34:15-8 for the doctor's alleged malpractice in diagnosing the claimant.
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| Carbis Sales, Inc. v. Eisenberg, DOCKET NO. A-4976-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 11, 2007, Decided
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Overview: In a legal malpractice suit wherein the damages awarded to plaintiffs were substantially less than the amount of the adverse judgment against them due to defendants' failures, plaintiffs were granted a new trial, pursuant to R. 4:49-1, as there was no reasonable basis in the evidence for the jury's disproportionate damages award.
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| Education Law Ctr. v. Burke, DOCKET NO. A-5089-06T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 11, 2007, Decided
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Overview: Numerical and statistical data redacted from the New Jersey Department of Education's memo were not exempt from disclosure under N.J. Stat. Ann. § 47:1A-1.1 of the New Jersey Open Public Records Act. They did not constitute intragency "deliberative material" within the meaning of § 47:1A-1.1, as they were not "opinions, recommendations, or advice."
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| State v. J.J., DOCKET NO. A-2777-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 11, 2007, Decided
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Overview: Defendant, who had been accused of raping his daughter, pled guilty to two counts of endangering the welfare of a child. As he had not been informed that Megan's Law requirements would prevent him from living with his new wife and her child, he should have been allowed to withdraw his guilty plea under R. 3:9-3(e).
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| Khan v. Singh, DOCKET NO. A-1027-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 12, 2007, Decided
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Overview: In medical malpractice case, trial court properly refused to charge jury on res ipsa loquitur. Though doctor's experts opined that medical community recognized that type of injury sustained by patient would not have occurred in absence of negligence, those opinions were not supported by reference to any medical text or the experts' own experience.
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| Maglies v. Estate of Guy, A-50 September Term 2006,
SUPREME COURT OF NEW JERSEY, December 12, 2007, Decided
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Overview: A daughter of a deceased Section 8 tenant was entitled to the protections of New Jersey's Anti-Eviction Act, N.J.S.A. §§ 2A:18-61.1 to -61.12, as she was a functional co-tenant, showed continuous residency, and was a substantial contributor toward satisfaction of the tenancy's financial obligations, which the landlord acknowledged and acquiesced.
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| State v. Froland, A-8 September Term 2006,
SUPREME COURT OF NEW JERSEY, December 12, 2007, Decided
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Overview: Defendant's conviction for non-consent kidnapping, in violation of N.J.S.A. § 2C:13-1, was reversed on appeal as she was the stepmother acting with the permission of the children's father, her husband, when she assisting in removing the stepchildren from the state and used no force, threat, or deception in removing the children.
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