Search Results
| Case name | Citation | Summary |
| [New Jersey] MAZZA v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM | 1995/12/18 | Docket No: SYLLABUS Under the circumstances of this case, the twisting that was the source of Dennis Mazzas injuries was not a traumatic event entitling him to accidental disability benefits because it did not involve a great rush of force or uncontrollable power. |
| [New Jersey] HILL V. RICHARDS | 1995/12/14 | Docket No: SYLLABUS Because the beneficiary who received the disproportionate advance distribution drafted the Agreement for the interim distribution, he was in the best position to foresee and foreclose the possibility of disproportionate tax treatment of the distributions. Therefore, it is unfair now to make a retroactive adjustment of the shares of other beneficiaries, some of whom received no interim distributions and many of whom may have placed their affairs in order in reliance on the court approved final distribution of the trust assets. |
| [New Jersey] STATE V. LEO R. JONES | 1995/12/13 | Docket No: SYLLABUS Under the totality of the circumstances in this case, the police officers acted in an objectively reasonable manner under the Fourth Amendment and Article 1, paragraph 7 of the New Jersey Constitution when they followed co-defendant Lonzie Collier, the fleeing subject of a valid arrest warrant, into his apartment. |
| [New Jersey] STRUBE v. THE TRAVELERS INSURANCE COMPANY | 1995/12/06 | Docket No: SYLLABUS The opinion of the Appellate Division is affirmed, substantially for the reasons stated in Judge Baimes majority opinion below. The statutory immunity from liability for failure to advise customers of availability of additional underinsured and uninsured motorist coverage applies retroactively and, therefore, extends to policies issued before the statutes effective date of June 29, 1993. |
| [New Jersey] STATE, DEPARTMENT OF LAW AND PUBLIC SAFETY V. GONZALEZ | 1995/12/05 | Docket No: SYLLABUS Because of the strong public policy of maintaining integrity in the casino industry, a casino employee who is the subject of a casino employee license revocation proceeding, may not present evidence contradicting his or her criminal convictions. The casino employee may present evidence to support a claim of rehabilitation, but that evidence must not be inconsistent with the elements of the criminal offenses to which guilty pleas have been entered. |
| [New Jersey] ROMANNY V. STANLEY BALDINO CONSTRUCTION | 1995/12/05 | Docket No: SYLLABUS The record in this case reveals no failure by New Jersey Re-Insurance Co. to comply fully with the statutory and regulatory mandates concerning renewal of workers compensation policies. |
| [New Jersey] UTICA MUTUAL INSURANCE COMPANY V. MARAN & MARAN | 1995/12/04 | Docket No: SYLLABUS A workers compensation lien attaches to the proceeds of the legal malpractice action; this lien is imposed on a third-party recovery that is the functional equivalent of a recovery against the actual third-party tortfeasor, regardless of whether the worker has been fully compensated for his or her injuries. Moreover, Utica did not preclude itself from asserting a lien either by failing to sue the third party on its own or by failing to give earlier notice of the lien. |
| [New Jersey] FRAZIER V. NEW JERSEY MANUFACTURERS INSURANCE COMPANY | 1995/12/04 | Court: Superior Court of New Jersey Docket No: SYLLABUS A workers compensation lien, pursuant to N.J.S.A. 34:15-40, attaches to the proceeds of a legal malpractice action brought to recover damages from an attorney who failed to institute an action against a third-party tortfeasor. N.J.S.A. 34:15-40 imposes a lien on third-party recoveries that are the functional equivalent of a recovery against the direct tortfeasor, regardless of whether the worker has been fully compensated for his or her injuries. Furthermore, the workers compensation insurance carrier need not institute a suit under section 40(f) against the third-party tortfeasor to secure a section 40 lien. |
| [New Jersey] IMO J. DAVID ALCANTARA, AN ATTORNEY AT LAW | 1995/12/01 | Docket No: SYLLABUS J. David Alcantara is reprimanded for violating Rules of Professional Conduct 3.4(c), 3.4(f), 4.2, 8.4(a), and 8.4(b). |
| [New Jersey] SHERMAN V. CITIBANK (SOUTH DAKOTA), N.A. | 1995/11/28 | Docket No: SYLLABUS Late-payment fees are not interest within the intent and purpose of section 85 of the National Bank Act. Rather, interest at a rate allowed by the laws of the State... where the bank is located refers only to the periodic percentage rate charged on outstanding balances. Therefore, Marc Shermans state-law defenses to Citibanks charges do not conflict with federal law, are not preempted, and the late-payment fees are illegal under New Jersey law. |
| [New Jersey] HUNTER v. GREENWOOD TRUST COMPANY | 1995/11/28 | Docket No: SYLLABUS For substantially the same reasons expressed in Sherman v. Citibank (South Dakota), N.A., New Jersey usury law prohibiting banks from charging late fees does not conflict with the federal statute giving national banks and federally-insured state banks preferential treatment with respect to lending authority. Therefore, the Depository Institutions Deregulation and Monetary Control Act does not preempt New Jerseys Retail Installment Sales Acts prohibition on late-payment fees. |
| [New Jersey] IMO ARTHUR ABBA GOLDBERG, An Attorney at Law | 1995/11/09 | Docket No: SYLLABUS Because his criminal convictions clearly and convincingly demonstrate his participation in activities that reflect adversely on his honesty, trustworthiness and fitness as a lawyer, Arthur Abba Goldberg is DISBARRED from the practice of law in New Jersey. |
| [New Jersey] IMO DISCIPLINARY HEARING OF CURTIS BYNES, PISCATAWAY TOWNSHIP POLICE OFFICER | 1995/10/25 | Docket No: SYLLABUS There was substantial credible evidence in the record to support both the insubordination charge and the trial courts reduction of the penalty imposed. |
| [New Jersey] BRILL V. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA | 1995/10/24 | Docket No: SYLLABUS When deciding a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with respect to a material fact challenged requires the motion judge to consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party in consideration of the applicable evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party. This assessment of the evidence is to be conducted in the same manner as that required under Rule 4:37-2(b). |
| [New Jersey] IMO LOUIS Di LIETO, an Attorney at Law | 1995/10/06 | Docket No: SYLLABUS Louis R. Di Lieto is disbarred from the practice of law for the knowing misappropriation of client funds. |
| [New Jersey] VERRIEST V. INA UNDERWRITERS INS. CO. | 1995/08/23 | Docket No: SYLLABUS The business-automobile policy issued by INA Underwriters Insurance Company covers the driver of an insured vehicle for liability arising out of an automobile accident on November 18, 1984. |
| [New Jersey] IMPEY V. BOARD OF EDUCATION OF THE BOROUGH OF SHREWSBURY | 1995/08/14 | Docket No: SYLLABUS A local board of education has the authority to contract with an educational services commission to provide speech correction services. In doing so, the board may abolish the existing speech correctionist position and terminate the employment of a tenured teacher for economic reasons without violating statutory tenure rights. |
| [New Jersey] STATE V. CLARENCE SCOTT | 1995/08/07 | Docket No: SYLLABUS There was adequate evidence in the record to support the trial courts determination that the reasons for sixteen-year-old Clarence Scotts waiver to the adult court for prosecution outweighed any probability of rehabilitation. |
| [New Jersey] STATE OF NEW JERSEY IN THE INTEREST OF R.M. | 1995/08/07 | Docket No: SYLLABUS The evidence presented at R.M.s dispositional hearing was not sufficient to indicate that R.M. is developmentally disabled. |
| [New Jersey] SILVERMAN V. BERKSON | 1995/08/02 | Docket No: SYLLABUS The New Jersey Bureau of Securities may subpoena a nonresident who has engaged in purposeful conduct expressly aimed at the New Jersey securities market. In addition, a New Jersey court may, consistent with due process principles, enforce such a subpoena. |