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| In re Liquidation of Integrity Ins. Co., A-91 September Term 2006, A-29 September Term 2007,
SUPREME COURT OF NEW JERSEY, December 13, 2007, Decided
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Overview: In the liquidation of an insolvent insurer, the trial court erred by approving a plan that called for or estimating, and, in some cases, allowing incurred but not reported (IBNR) claims, because under N.J. Stat. Ann. § 17:30C- 28(a)(1), IBNR claims were contingent, not absolute, and thus could not share in the distribution of the estates assets.
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| Maguire v. Mohrmann, DOCKET NO. A-1495-06T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 13, 2007, Decided
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Overview: Dog buyer sued dog breeder after dog died five days after sale. As breeder chose not to exercise her right to autopsy dog after buyer substantially complied with the requirements of N.J.A.C. 13:45A-12.3(a)(7) to provide veterinary certification of unfitness for sale, buyer was properly awarded the purchase price of dog and her veterinary expense.
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| State v. Colley, DOCKET NO. A-3347-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 14, 2007, Decided
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Overview: Defendant's New York driver's license was suspended due to his DWI conviction in that state. As the conduct banned by New York's DWI statute was equivalent to that proscribed by N.J. Stat. Ann. § 39:4-50, after his conviction in New Jersey for driving under suspension, he was subject to enhanced penalties set out in N.J. Stat. Ann. § 39:3-40(f)(2).
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| Berkery v. Kinney, DOCKET NO. A-1575-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 18, 2007, Decided
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Overview: Plaintiff's defamation case was properly dismissed since he failed to submit sufficient evidence for a jury to have clearly and convincingly concluded that a newspaper or a columnist acted with actual malice when it published two articles referencing his past criminal involvement as he remained a limited-purpose public figure.
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| In re Sheinbaum, D-52 September Term 2007,
SUPREME COURT OF NEW JERSEY, December 19, 2007, Filed
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| NL Indus., Inc. v. New Jersey Dep't of Envtl. Prot., DOCKET NO. A-5877-05T1, A-5900-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 19, 2007, Decided
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Overview: A trial court had jurisdiction to entertain plaintiff's declaratory judgment action under N.J.S.A. § 58:10B-3.1 and correctly held that the statute did not authorize the New Jersey Department of Environmental Protection to remove plaintiff as the remediating party for certain property since no oversight document was executed.
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| State v. Luna, A-68 September Term 2006,
SUPREME COURT OF NEW JERSEY, December 19, 2007, Decided
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Overview: A trial court erred in holding defendant's trial on armed robbery and other charges in absentia when it knew that he was in jail in another state as it was not possible to infer that he knowingly waived his right to be present at trial because the trial court did not conduct an inquiry, pursuant to R. 3:16(b), to determine his absence was willing.
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