Search Results
| Case name | Citation | Summary |
| [New Jersey] STIGLIANO V. CONNAUGHT LABORATORIES | 1995/05/31 | Docket No: SYLLABUS Because the cause of a patients illness is an essential part of diagnosis and treatment, a treating physician may testify about the cause of the patients disease or injury. |
| [New Jersey] PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY V. MONMOUTH COUNTY MUNICIPAL JOINT INSURANCE FUND | 1995/05/25 | Docket No: SYLLABUS Where a public-entity employee is injured while working by an uninsured motorist, and seeks UM benefits from both the public entitys insurer and his or her personal-insurance carrier, any arbitration award of UM benefits must be prorated pursuant to the UM statute, N.J.S.A. 17:28-1.1c. |
| [New Jersey] IN THE MATTER OF HERBERT REUTLINGER | 1995/05/24 | Docket No: 3580).] Under N.J.S.A. 3B:18-28 and N.J.S.A. 3B:12-38, and in accordance with sound public policy, termination commissions are calculated on the basis of a corpus that includes real estate and other property left unsold at the termination of the guardianship. Therefore, the Guardian in this case shall receive a termination commission of two percent of the estate at the time of appointment, including the value of the house left unsold at the time of Herbert Reutlingers death. |
| [New Jersey] MAISONET V. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY DEVELOPMENT | 1995/05/23 | Docket No: SYLLABUS The failure of the Appellate Division to exercise original jurisdiction and hear Maisonets federal fee claim does not violate the Supremacy Clause. The only state court required by the Supremacy Clause to hear a federal fee claim is the Law Division. |
| [New Jersey] COLKITT V. SIEGEL | 1995/05/22 | Docket No: SYLLABUS The February 1993 regulations governing certificate of need eligibility for radiation oncology services are not an immediate and direct implementation of the goals and objectives of the State Health Plan. As such, these regulations do not conflict with Chapter 31 and are, therefore, valid. |
| [New Jersey] IMO DENNIS M. BARLOW, AN ATTORNEY AT LAW | 1995/05/19 | Docket No: SYLLABUS The record demonstrates by clear and convincing evidence that Dennis Barlow knowingly misappropriated clients funds and, therefore, he must be disbarred. |
| [New Jersey] BOLAND V. DOLAN | 1995/05/17 | Docket No: SYLLABUS The jurys use of a magnifying glass during deliberations did not constitute new evidence; rather, it was a mere aid to assist the natural vision of the jurors. Moreover, use of a familiar device like an ordinary magnifying glass generally does not require expert testimony. Lastly, the jurys use of the magnifying glass was not error capable of producing an unjust result. |
| [New Jersey] NICKELS V. THE CITY OF WILDWOOD | 1995/05/16 | Docket No: SUPREMECOURTSYLLABUS By authorizing the expansion of existing amusement piers, a non -conforming use, without declaring them to be a permitted use, Wildwoods zoning ordinance is invalid under Avalon Home & Land Owners Assn v. Borough of Avalon, 111 N.J. 205 (1988). |
| [New Jersey] RESOLUTION TRUST CORPORATION V. LANZARO | 1995/05/15 | Docket No: SYLLABUS For the purposes of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, and its statutory exemption of Resolution Trust Corporation from state and local taxation, the charge sought by the Sheriff of Monmouth County is essentially equivalent to a tax measured by the sale price of foreclosed property. As such, it cannot lawfully be imposed on RTC. |
| [New Jersey] IMO PATRICIA LYNN HASBROUCK, AN ATTORNEY AT LAW | 1995/05/12 | Docket No: SUPREMECOURTSYLLABUS The conduct of an attorney who committed criminal offenses, including one based on dishonesty, to maintain an addiction to controlled dangerous substances warrants the imposition of a one-year suspension from the practice of law. |
| [New Jersey] IMO STEVEN M. SCHAFFER, AN ATTORNEY AT LAW | 1995/05/12 | Docket No: SUPREMECOURTSYLLABUS In the future, an addicted attorney who is guilty of a possessory drug offense may seek to serve an appropriate period of suspension on an accelerated basis while undertaking rehabilitation. |
| [New Jersey] GUBERNAT V. DEREMER | 1995/05/11 | Docket No: SYLLABUS In contested cases the surname selected by the custodial parent -- the parent primarily charged with making custodial decisions in the childs best interest -- shall be presumed to be consistent with that childs best interests, a presumption rebuttable by evidence that a different surname would better serve those interests. |
| [New Jersey] IMO HOWARD C. TRUEGER, An Attorney at Law | 1995/05/05 | Court: Superior Court of New Jersey Docket No: SYLLABUS Howard C. Trueger is suspended from the practice of law for a period of one year for gross neglect; failure to keep his clients reasonably informed about the status of matters and to comply promptly with requests for information; failure to respond to lawful demands for information by the disciplinary authorities; and for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. |
| [New Jersey] STATE V. D.D.S. | 1995/05/04 | Docket No: SUPREMECOURTSYLLABUS Defendant is not entitled to post-conviction relief on a claim of illegality of his sentence. Defendants post-conviction relief applications, filed more than seven years after his conviction and sentencing, were time-barred under Rule 3:22-4. |
| [New Jersey] STATE V. CHARLES MARSHALL BERRY STATE V. DWAYNE CANNON | 1995/05/04 | Docket No: SYLLABUS Expert testimony in drug prosecutions generally is to be admitted provided the trial court is satisfied that the testimony will assist the jury in resolving material factual issues. That general rule should be tempered by the trial courts heightened awareness that in certain circumstances the probative value of such expert testimony might be substantially outweighed by the risk of undue prejudice. |
| [New Jersey] STRAWN V. CANUSO, SR. | 1995/04/25 | Docket No: SYLLABUS A builder-developer of residential real estate or a broker representing the builder-developer is not only liable to the purchaser for affirmative and intentional misrepresentations, but is also liable for nondisclosure of off-site physical conditions known to it and unknown to and not readily observable by the buyer if the existence of those conditions is of sufficient materiality to affect the habitability, use, or enjoyment of the property and, therefore, render the property substantially less desirable or valuable to the objectively reasonable buyer. |
| [New Jersey] IMO GUARDIANSHIP OF C.A.B., JR., AND I.B., MINORS | 1995/04/24 | Docket No: SYLLABUS The expenses incurred by pro bono counsel were not unreasonable and should be reimbursed. |
| [New Jersey] IMO THE PETITION OF THE BOARD OF EDUCATION OF THE TOWNSHIP OF WAYNE V. KRAFT | 1995/04/24 | Docket No: SYLLABUS The Appellate Division should have deferred to the State Board of Educations finding that the Smith Lane extension walkway is as safe as any other sidewalk in the Township of Wayne. |
| [New Jersey] STATE V. JOSEPH LEON HALISKI | 1995/04/20 | Docket No: SYLLABUS A second Graves Act offender may be sentenced to a mandatory extended term of imprisonment while the first Graves Act conviction either is pending on appeal or the time to appeal that conviction has not yet expired. In addition, a defendant may have his or her sentence increased to an extended sentence following affirmance of the first Graves Act conviction without violating principles of fundamental fairness. |
| [New Jersey] NEW JERSEY TRANSIT CORPORATION V. BOROUGH OF SOMERVILLE | 1995/04/19 | Docket No: SYLLABUS N.J.S.A. 2A:14-1.2, the general ten-year limitations period, is inapplicable to the State or its instrumentalities in challenges to real-property tax assessments. Rather, the State falls within the specific and express limitations period provided in N.J.S.A. 54:3-21. |