Search Results
| Case name | Citation | Summary |
| [New Jersey] HAMMOCK V. HOFFMAN-LAROCHE, INC. | 1995/08/02 | Court: United States Court of Appeals Docket No: SYLLABUS There is a presumption of public access to documents and materials filed with a court in connection with civil litigation. The Court establishes a reasonableness standard to guide courts in the determination of whether that presumption of access may be rebutted. |
| [New Jersey] DITROLIO V. ANTILES | 1995/08/01 | Docket No: SYLLABUS It is the commonality of facts that defines the scope of a controversy and implicates the joinder requirements of the entire controversy doctrine. Pursuant to that doctrine, Joseph V. DiTrolio, M.D. is barred from bringing the second action against defendant-doctors and their professional medical group because the factual bases in both lawsuits are identical and those defendants had a material interest in the original lawsuit. |
| [New Jersey] CIRCLE CHEVROLET COMPANY V. GIORDANO, HALLERAN & CIESLA | 1995/08/01 | Docket No: SYLLABUS The entire controversy doctrine applies to a clients legal malpractice claims against his or her attorney, even when the attorney is currently representing the client in an underlying action. |
| [New Jersey] MYSTIC ISLE DEVELOPMENT CORPORATION V. PERSKIE & NEHMAD | 1995/08/01 | Docket No: SYLLABUS In the circumstances of this case, Mystics causes of action against the attorney-defendants and the other defendants sued in a previous action arose simultaneously and are based on the same facts. Therefore, the entire controversy doctrine required joinder of the attorney defendants in that original action. |
| [New Jersey] MORTGAGELINQ CORPORATION v. COMMONWEALTH LAND TITLE INSURANCE COMPANY | 1995/08/01 | Docket No: SYLLABUS When a party deliberately chooses to fragment litigation by suing certain parties in another jurisdiction and withholds claims against other parties, a New Jersey court need not later entertain the claims against the omitted parties if jurisdiction was available in the first forum. |
| [New Jersey] MARTIN V. HOME INSURANCE COMPANY V. UNSATISFIED CLAIM AND JUDGMENT FUND | 1995/07/31 | Docket No: SYLLABUS The Unsatisfied Claim and Judgment Fund is not required to reimburse insurers of out-of-state vehicles for personal-injury-protection medical benefits in excess of $75,000 paid under the conformity statute, N.J.S.A. 17:28-1.4. |
| [New Jersey] WICKNER V. AMERICAN RELIANCE INSURANCE COMPANY | 1995/07/31 | Docket No: SYLLABUS Two exclusion provisions in the American Reliance Insurance Company homeowners policy insuring Harvey and Bonita Wickner clearly and unambiguously bar liability coverage for the personal-injury lawsuit against the insureds. Therefore, American Reliance did not have a duty to defend the Wickners in that lawsuit. |
| [New Jersey] IMO MICHAEL D. KASSON, AN ATTORNEY AT LAW | 1995/07/28 | Docket No: SYLLABUS Michael D. Kasson is reprimanded for his failure to maintain a bona fide office in New Jersey. Ethical standards requiring that attorneys maintain a bona fide office in New Jersey apply to both the attorney employer and the attorney-employee. |
| [New Jersey] HARRIS V. HAWKINS | 1995/07/27 | Docket No: SYLLABUS Relevant statements made in the course of pretrial discovery by private investigators employed by the parties or their representatives are protected by an absolute privilege and are, therefore, immune from liability. |
| [New Jersey] STATE V. ANTHONY DIFRISCO | 1995/07/26 | Docket No: SYLLABUS DiFrisco has not demonstrated any aberration in the result of his penalty trial. His death sentence is not disproportionate, and accordingly is affirmed. |
| [New Jersey] ANZALONE V. WESTECH GEAR CORPORATION | 1995/07/26 | Court: Superior Court of New Jersey Docket No: SYLLABUS The members of the Court, being equally divided, affirm the judgment of the Appellate Division. The government specifications, according to which the ram tensioner was designed, manufactured, and supplied, did not impose any requirements that would conflict with the duty of the contractor under state law to provide a product that incorporated a safety feature for the lower sheave assembly of the ram tensioner. Therefore, the government contractor defense is inapplicable as a bar to WesTechs liability. |
| [New Jersey] DOE V. PORITZ | 1995/07/25 | Docket No: SUPREMECOURTSYLLABUS The Registration and Community Notification Laws do not violate the Ex Post Facto, Double Jeopardy, Cruel and Unusual Punishment, or Bill of Attainder Clauses of the federal constitution or analogous state constitution provisions. In addition, the acts do not deprive sex offenders of the right to equal protection under the laws or to their constitutional right to privacy. Subject to limited modifications in respect of judicial review of Tier Two or Tier Three classifications, the Guidelines promulgated by the Attorney General pursuant to the legislation are valid and effective immediately. |
| [New Jersey] SZCZEPANSKI V. NEWCOMB MEDICAL CENTER, INC. | 1995/07/24 | Docket No: SYLLABUS Although relevant, the fee payable under a contingent-fee agreement may bear little relation to the reasonable fee award authorized by a fee shifting statute, and should not serve as the ceiling on the amount payable by statute. |
| [New Jersey] RENDINE V. PANTZER | 1995/07/24 | Docket No: SYLLABUS In determining a reasonable fee under a fee-shifting statute, a trial court, after having carefully established the amount of the lodestar fee, properly may enhance the lodestar fee in cases in which the prevailing partys attorneys fee arrangement was predominantly contingent on a successful result. |
| [New Jersey] IMO RAMON A. IRIZARRY, AN ATTORNEY AT LAW | 1995/07/21 | Docket No: SYLLABUS The record clearly and convincingly establishes that Ramon A. Irizarry knowingly misappropriated client funds. Therefore, Irizarry is disbarred from the practice of law. |
| [New Jersey] STATE V. PATRICK BALL | 1995/07/20 | Docket No: SYLLABUS understanding and application of N.J.S.A. 2C:41-2(c) and (d) of the New Jersey Racketeering Influenced and Corrupt Organizations (RICO) Act. Furthermore, the evidence was sufficient to support the RICO convictions under those provisions of the Act. |
| [New Jersey] HIGG-A-RELLA, INC. V. COUNTY OF ESSEX | 1995/07/19 | Docket No: SUPREMECOURTSYLLABUS Computer tapes of tax-assessment records are common-law documents and are subject to balanced disclosure. Under the facts of this case, a balancing of the interests of the parties results in the release of the records on computer tapes. The case is remanded to the trial court to determine what constitutes a reasonable fee for the service to be provided. |
| [New Jersey] SOUTHERN NEW JERSEY NEWSPAPERS V. TWP. OF MT. LAUREL | 1995/07/19 | Docket No: SUPREMECOURTSYLLABUS Although plaintiffs Right to Know Law request to obtain access to firearm permits and related documentation has been rendered moot by a regulation of the Attorney General, the matter is remanded to the trial court to conduct an appropriate balancing test under the common-law right of access. |
| [New Jersey] STATE V. RICHARD STORM | 1995/07/17 | Docket No: SYLLABUS Whenever an attorney for a private party applies to prosecute a complaint in the municipal court, the court should determine whether to permit the attorney to proceed. Because Hedeshs obligations to Young as her private attorney creates at least the appearance that he could not act as a private prosecutor with impartiality, Hedesh should not be allowed to prosecute Storm. |
| [New Jersey] CRAIG V. SUBURBAN CABLEVISION, INC. | 1995/07/13 | Docket No: SYLLABUS On the facts of this case, William Craig, Ellen Chapman, William Denino and Ellen Marsillo, as co-workers or relatives of an employee who sued their common employer under the New Jersey Law Against Discrimination, have standing to sue that employer for retaliatory discharge in violation of the LAD. |