Search Results
| Case name | Citation | Summary |
| [New Jersey] STATE V. RIGOBERTO MEJIA | 1995/07/12 | Docket No: SYLLABUS Where the evidence provides a rational basis for a jury to find that a defendant intended only to cause serious bodily injury, the jury must be given the option of convicting the defendant of murder without unanimously agreeing on whether defendants intent was to kill. Should the jury not be unanimous on a defendants intent, the defendant is not eligible for the death sentence. The claim of right defense is not available to a defendant charged with robbery. |
| [New Jersey] STATE V. JOSEPH HARRIS | 1995/07/12 | Docket No: SYLLABUS None of the errors claimed by defendant constitute reversible error, and the cumulative effect of the claimed errors did not deny defendant a fair trial. Defendants convictions and death sentence are affirmed. |
| [New Jersey] YOUNG V. SCHERING CORPORATION | 1995/07/11 | Docket No: SYLLABUS The scope of the waiver provision of the Conscientious Employee Protection Act (CEPA) does not prevent an employee from proceeding with his or her common-law tort and contract claims that are sufficiently distinct from the CEPA claim. |
| [New Jersey] PASCALE V. PASCALE | 1995/07/10 | Docket No: SYLLABUS James and Debra Pascale entered into a traditional custody arrangement that provided that they share joint legal custody of their children, but that Debra be the primary caretaker. The parent who acts as the primary caretaker for the children after divorce should retain authority over the disbursal of the child support that both parents must provide. The parameters established at N.J.S.A. 2A:34-23a should guide a court when determining child-support awards in a traditional custody arrangement when the parents combined income exceeds the $52,000 limit covered by the Child Support Guidelines. |
| [New Jersey] FIELDER V. STONACK | 1995/07/06 | Docket No: SYLLABUS Absent willful misconduct, N.J.S.A. 59:5-2b(2) provides absolute immunity to a police officer whose negligence in pursuing a fleeing automobile causes injury to a third party. Because genuine issues of material fact exist as to whether the officers conduct during the pursuit constituted willful misconduct, summary judgment is inappropriate. |
| [New Jersey] COLON V. COORDINATED TRANSPORT, INC. | 1995/07/03 | Docket No: SYLLABUS Range-of-motion test results are generally subjective and will not, standing alone, satisfy the statutory requirement in a workers compensation case of demonstrable objective medical evidence to support an award of partial-permanent disability. In addition, absent legislative intent, it is inappropriate for the Court to create a numerical threshold to measure minor injuries. |
| [New Jersey] IMO STEPHEN A. PEPE, AN ATTORNEY AT LAW | 1995/06/30 | Docket No: SYLLABUS Stephen A. Pepe is suspended from the practice of law for three months, effective July 24, 1995. |
| [New Jersey] DOTO V. RUSSO | 1995/06/29 | Docket No: SYLLABUS Based on the circumstances evident in the record, Utica Mutual Insurance Co. is estopped from denying coverage; therefore, Utica is obligated under its commercial-umbrella liability policy to provide underinsured motorist coverage to its insured. |
| [New Jersey] RICHARD'S AUTO CITY, INC. V. DIR., DIV. OF TAXATION | 1995/06/21 | Docket No: SYLLABUS Net-operating losses incurred in past tax years by a corporation that has been merged into a successor corporation are not permitted, under the Corporation Business Tax Act, to be carried over and deducted by the surviving corporation in a subsequent tax year. |
| [New Jersey] IMO WALTER L. ROTH, JR., AN ATTORNEY AT LAW | 1995/06/16 | Docket No: SYLLABUS Walter L. Roth is disbarred for the knowing misappropriation of clients funds. |
| [New Jersey] MITZNER v. LIGHTS 18, INC. | 1995/06/15 | Docket No: SYLLABUS Judgment of the Appellate Division is affirmed substantially for the reasons expressed in the majority opinion below. The key-man life insurance policies, including the policy on the life of David Mitzner, were corporate assets that transferred to Milton Mitzner when he purchased Davids stock in Lights 18, Inc. for $65,000. |
| [New Jersey] CONKLIN FARM V. LEIBOWITZ | 1995/06/14 | Docket No: SYLLABUS Judgment of the Appellate Division is affirmed substantially for the reasons expressed in the majority opinion below. The key-man life insurance policies, including the policy on the life of David Mitzner, were corporate assets that transferred to Milton Mitzner when he purchased Davids stock in Lights 18, Inc. for $65,000. |
| [New Jersey] AKEF v. BASF CORPORATION | 1995/06/13 | Docket No: SYLLABUS An employees material misrepresentation of a preexisting medical condition does not bar a claim for workers compensation benefits. |
| [New Jersey] IMO LEE W. SHELLY, AN ATTORNEY AT LAW | 1995/06/09 | Docket No: SYLLABUS The record does not clearly and convincingly demonstrate that Lee W. Shelly knowingly misappropriated $40,000 from the closing proceeds of the sale of his clients home. However, Shelly is suspended from the practice of law for six-months for recordkeeping violations and for the conflict of interest in failing to advise his client to seek independent counsel prior to entering into a loan transaction with Shelly. |
| [New Jersey] AUBREY V. THE HARLEYSVILLE INSURANCE COMPANIES | 1995/06/08 | Docket No: SYLLABUS Because her $40,000 recovery from the other drivers involved in the accident would exceed the $15,000 available to her under the Harleysville insurance policy issued to Chris Koch Toyota, Theresa Aubrey is not an underinsured and is not entitled to recover under that policy. |
| [New Jersey] L.M. V. DEPARTMENT OF HUMAN SERVICES | 1995/06/07 | Docket No: SYLLABUS The Union Carbide pension is owned by L.M.s spouse pursuant to equitable distribution of marital assets; therefore, those pension benefits cannot constitute available income to L.M. under the federal and New Jersey regulations that define income in assessing eligibility for Medicaid benefits. |
| [New Jersey] MANALAPAN REALTY V. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN | 1995/06/06 | Docket No: SYLLABUS The amendments to the Manalapan zoning ordinance, Manalapan Ordinance 130.94 and 130.52, are substantially consistent with the Master Plan and are, therefore, valid. |
| [New Jersey] STATE V. JOSE LUIS REYES | 1995/06/05 | Docket No: SYLLABUS The trial courts jury charge on diminished capacity was consistent with the decisions in State v. Breakiron and State v. Zola. That charge, however, did not comport with Humanik v. Beyer because it contained the preponderance of the evidence filter. Nevertheless, because the evidence that Reyes presented on diminished capacity failed to establish the presence of a mental disease or defect, that error was harmless. |
| [New Jersey] IMO JUDGE LAWRENCE A. CARTON, III | 1995/06/02 | Docket No: SYLLABUS For his violations of Canons 1, 2, and 3 of the Code of Judicial Conduct, Lawrence A. Carton, III, Judge of the Old Bridge Municipal Court, is publicly reprimanded. |
| [New Jersey] FIORE V. CONSOLIDATED FREIGHTWAYS | 1995/06/01 | Docket No: SYLLABUS An employee claiming an occupational heart disease must show that the disease is due in a material degree to causes or conditions that characterize the employees occupation and that substantially contribute to the development of the disease. |