Search Results
| Case name | Citation | Summary |
| [New Jersey] Bahrle v. Exxon Corp. | 1996/07/09 | Docket No: SYLLABUS Texaco Corporation is not vicariously liable for groundwater contamination caused by the activities of an independently-owned and operated gas station that sold Texaco products. |
| [New Jersey] State v. Demetrius M. Diaz | 1996/07/03 | Docket No: SYLLABUS Failure to use a special verdict is not dispositive of the merger issue. Merger is not required when the evidence submitted to the jury is sufficient to permit it to determine that defendant possessed the firearm for a purpose independent of the greater offense and when the jury has been properly instructed and those instructions do not restrict the jurys consideration of the unlawful purpose only to the commission of the greater offense for which defendant was found guilty. |
| [New Jersey] State v. Harry Kittrell | 1996/07/03 | Docket No: SYLLABUS Cutting and repackaging crack cocaine inside the apartment of another is sufficient to sustain a conviction under N.J.S.A. 2C:35-4. Based on a review of the evidence and applying the statute as written, there is sufficient evidence to convict Kittrell under N.J.S.A. 2C:35-4. |
| [New Jersey] State v. John Martini, Jr. | 1996/06/28 | Docket No: SYLLABUS Because the public has an interest in the reliability and integrity of a death sentencing decision that transcends the preferences of individual defendants, a special, truncated procedure for post-conviction relief is established for capital defendants who do not desire post-conviction review. |
| [New Jersey] State v. Rasheed Mahammad | 1996/06/28 | Docket No: SYLLABUS The victim impact statute is constitutional under the Federal and State Constitutions. |
| [New Jersey] State v. John M. Garthe | 1996/06/27 | Docket No: SYLLABUS Absent evidence that the test protocols established by the Division of State Police and the State are not scientifically reliable to establish that breathalyzer machines are in proper operating order, the State may, subject to the requirements of the New Jersey Rules of Evidence (N.J.R.E. 803(c)(6), 803(c)(8), 807 and 901) offer in admission at DWI trials a copy of Breath Test Inspectors Inspection Certificate. |
| [New Jersey] Wanaque Borough Sewerage Authority v. Township of West Milford, et al. | 1996/06/26 | Docket No: SYLLABUS Under the theory of quasi-contract, the Township of West Milford is liable for a proportionate share of the costs incurred by the Wanaque Valley Regional Sewerage Authority Study Committee during the planning stages of a regional sewerage authority. |
| [New Jersey] State v. Allen James | 1996/06/20 | Docket No: SYLLABUS Once a defendant seeks to introduce misidentification testimony after the trial court has determined that the identification process was impermissibly suggestive and that the victims identification of the defendant was patently unreliable, the trial court must not allow the jury to have unlimited access to the suppressed evidence as part of the States rebuttal testimony. |
| [New Jersey] IMO University of Medicine and Dentistry of New Jersey and Committee of Interns and Residents | 1996/06/19 | Docket No: SYLLABUS The University of Medicine and Dentistry of New Jersey committed an unfair labor practice in refusing to provide notice and information to the Committee of Interns and Residents concerning the disciplinary proceedings against an intern and in refusing to allow CIR to attend the investigatory interviews. Because of UMDNJs right to academic freedom, however, CIRs right to information and its ability to attend hearings is terminated as soon as it is clear that the disciplinary proceedings were initiated solely due to academic and medical concerns. |
| [New Jersey] Canico v. Hurtado | 1996/06/18 | Docket No: SYLLABUS A police officer responding to the report of a crime is entitled to immunity from liability for the negligent operation of a police vehicle if the officer acted in good faith within the meaning of the New Jersey Tort Claims Act (N.J.S.A. 59:3-3). |
| [New Jersey] IMO the Suspension or Revocation of the License of Joseph Fichner, Jr. | 1996/06/18 | Docket No: SYLLABUS In the circumstances of this case, a reconstituted Board of Examiners of Master Plumbers should reconsider the charges against Joseph Fichner, Jr., and may do so on the record already developed in these proceedings. |
| [New Jersey] The Home News v. State of New Jersey, Department of Health | 1996/06/17 | Docket No: SYLLABUS Under the common law right to inspect public documents, the interest of The Home News in receiving the cause-of-death information on Timothy Wiltseys death certificate outweighs the importance of preserving the confidentiality of the death certificate it seeks; therefore, the complete death certificate must be disclosed. |
| [New Jersey] Brett v. Great American Recreation, Inc. | 1996/06/13 | Docket No: SYLLABUS The Ski Statute, N.J.S.A. 5:13-1 to -11, does not apply in this case. However, Great American Recreation, Inc. is barred by the doctrine of invited error from contesting the application of that statute to this case. Having been persuaded to apply the Ski Statute, the trial court and the Appellate Division correctly interpreted its provisions. The jury charge was appropriate and the record provides ample support for the jurys findings. |
| [New Jersey] IMO ACPE | 1996/06/13 | Docket No: none Under the extraordinary circumstances presented, lawyers or law firms that concentrate in debt collections may, at the request of an institutional client-creditor, use the power of attorney to endorse the client-creditors name to drafts from debtors and may deduct their contingent fees for individual matters without the prior approval of the client-creditor. |
| [New Jersey] Green v. Selective Insurance | 1996/06/12 | Docket No: SYLLABUS The six-year statute of limitations on uninsured motorists/underinsured motorists (UM/UIM) claims should run from the date of an accident. In the interests of fairness and justice, this holding should apply prospectively. However, the benefit of this prospective ruling shall apply only to other claims that have not expired within six months of the date of this decision. |
| [New Jersey] Zirger v. General Accident Insurance Company | 1996/06/12 | Docket No: SYLLABUS Subject to the discretionary authority of trial courts to resolve specific motions for intervention, uninsured motorists/underinsured motorists (UM/UIM) carriers ordinarily may intervene in their insureds actions against a third-party tortfeasor. A UM/UIM carrier that intervenes in the underlying tort litigation, or declines to exercise its opportunity to intervene, is barred from enforcing the standard arbitration clause in a UM/UIM endorsement. This holding applies prospectively to cases in which the third-party action is tried after the effective date of this decision or the UM/UIM carrier is afforded notice and adequate opportunity to intervene. |
| [New Jersey] Dillard v. Hertz Claim Management | 1996/06/11 | Docket No: SYLLABUS Judgment of the Appellate Division is AFFIRMED substantially for the reasons expressed in Judge Villaneuvas opinion. The retroactive revocation of a drivers liability policy, when the check for a premium payment was dishonored for insufficient funds, does not affect the right of an innocent third-party passenger to recover under the liability and uninsured motorist provisions of that policy. The remedy of the New Jersey Automobile Full Insurance Underwriting Association was against the defaulting driver. |
| [New Jersey] Marotta v. New Jersey Automobile Full Insurance Underwriting Association | 1996/06/11 | Docket No: SYLLABUS Judgment of the Appellate Division is AFFIRMED substantially for the reasons expressed in Judge Kleiners opinion below. Retroactively voiding an automobile insurance policy for misrepresentation would render the NJAFIUA responsible for mandatory minimum compulsory liability coverage in the amount of $15,000 per person, $30,000 per occurrence and $5,000 for property damage. |
| [New Jersey] MacDougall v. Weichert | 1996/06/10 | Docket No: SYLLABUS N.J.S.A. 2C:27-3 and -5 are the source of the clear mandate of public policy that serves to protect an employee from the threat or infliction of unlawful harm that is intended to influence his or her official action as an elected legislative representative. That harm would be unlawful if it is a violation of criminal law, the commission of a tort, or the violation of a civil or legal duty or an applicable code of ethics, including a violation of the principles that define the conflict-of interest laws that govern the official actions of persons holding public office. The record in this case fairly poses the issue of whether Weicherts conduct in terminating MacDougalls employment was based on interests or relationships that would constitute an impermissible conflict of interest and may have offended the standards that govern conflicts of interest, thereby violating a clear mandate of public policy. |
| [New Jersey] SNYDER V. AMERICAN ASSOCIATION OF BLOOD BANKS | 1996/06/04 | Docket No: SYLLABUS The American Association of Blood Banks is not immune from liability under the Tort Claims Act; AABB owes a duty of ordinary care to persons receiving blood or blood products from its members; and AABB breached its duty of care to Snyder. Moreover, AABB is not entitled to charitable immunity. |