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   State Courts - New Jersey - December 20 - December 31, 2007

  
Bardis v. First Trenton Ins. Co., DOCKET NO. A-1470-06T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 20, 2007, Decided
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Overview: In an underinsured motorist claim against an insurer, evidence that the insurer paid personal injury protection payments on the insured's behalf, pursuant to N.J.S.A. § 39:6A-9.1, was not admissible to establish that the accident was a proximate cause of the insured's injuries under N.J.R.E. 411 and for public policy reasons.

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In re Devereaux, D-66 September Term 2007, SUPREME COURT OF NEW JERSEY, December 20, 2007, Decided, December 20, 2007, Filed
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State v. Calcano, DOCKET NO. A-3579-06T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 20, 2007, Decided
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Overview: In a bail forfeiture case, the trial court did not abuse its discretion, pursuant to R. 3:26-6(a), when it continued defendant's bail although defendant had lost contact with the surety for a period of time and faced a mandatory prison sentence after pleading guilty as the circumstances did not amount to a material change in the surety's risk.

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State v. O'Neill, A-79 September Term 2006, SUPREME COURT OF NEW JERSEY, December 20, 2007, Decided
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Overview: Defendant's convictions for felony murder and other crimes were reversed since the question-first, warn later interrogation procedure used violated his State law privilege against self-incrimination as the initial unwarned questioning undermined his ability to knowingly, voluntarily, and intelligently waive his Miranda rights later given to him.

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Garruto v. Cannici, DOCKET NO. A-2447-06T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 21, 2007, Decided
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Overview: Plaintiffs' action for tortious interference with a bequest, premised upon undue influence by means of fraud, was barred because plaintiffs, with knowledge of prior probate proceedings, failed to file a timely challenge to the will in probate court, as required by R. 4:85-1.

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Twp. of W. Orange v. 769 Assocs., LLC, DOCKET NO. A-5677-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 24, 2007, Decided
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Overview: Where township abandoned condemnation action, under N.J. Stat. Ann. § 20:3-26(b). owner was entitled to recover all reasonable costs and counsel fees incurred in defending action; thus, trial court erred by reducing the fee award based on the lack of the success of the property owner's defense strategy.

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Weber v. Mayan Palace Hotel & Resorts, DOCKET NO. A-3250-06T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 27, 2007, Decided
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Overview: Plaintiff's complaint was dismissed for lack of prosecution pursuant to R. 1:13-7(a), and her attorney did not show "good cause" to reinstate it. As she should not have been penalized for her attorney's lack of diligence, she was granted one more chance to serve defendant, since its counsel confirmed its identity and proper address for service.

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McKnight v. Office of the Pub. Defender, DOCKET NO. A-5527-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 31, 2007, Decided
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Overview: Plaintiff's malpractice action against his criminal defense attorney was properly dismissed as untimely as, pursuant to N.J.S.A. § 59:8-9, plaintiff was required to file a notice of claim within two years of being advised of his deportation, a consequence he was not informed of, regardless that his plea was set aside in post-conviction proceedings.

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Phila. Newspapers, Inc. v. Bd. of Review, DOCKET NO. A-5637-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 31, 2007, Decided
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Overview: In a publisher's appeal of a final decision finding that a claimant was eligible for unemployment benefits, the decision of eligibility was upheld as the employer failed to prove that the claimant was an independent contractor under the three prong standard set forth in N.J.S.A. § 43:21-19(i)(6)(A)(B)(C).

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