Legal Research

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STATE DECISIONS:

Professional Stone, Stucco & Siding Applicators Inc. v. Carter
CIVIL PRACTICE - Default Judgment
"A trial court should consider on its merits a second, more thorough motion when, due to haste caused by pending collection proceedings, an earlier Rule 4:50-1 motion was found inadequate and denied. "

Quigley v. Esquire Deposition Services, L.L.C.
CONSUMER PROTECTION - Consumer Fraud Act - Depositions
"The statute and administrative regulations governing shorthand reporting do not apply to depositions taken in connection with federal litigation because they are pre-empted by the Federal Rules of Civil Procedure"

Severino v. Melachi
INSURANCE LAW - UIM Coverage
"Plaintiffs, who were struck and killed while crossing a street, were not entitled to underinsured-motorist coverage or personal-injury protection benefits because there was no substantial nexus between the accident and the use or occupancy of the car they had exited."

Borromeo v. Migliaccio
REAL PROPERTY - Writs of Execution
"The writ of execution directed to the wrong county sheriff and misidentifying the county in which the property is located was void, not voidable, and plaintiff's delivery of a corrected writ of execution did not cure the defective writ."

Quinlan v. Curtiss-Wright Corporation
LABOR AND EMPLOYMENT - Discrimination - Protected Activity
"In this employment discrimination case, the trial court erred when it instructed the jury that plaintiff's attorney's use at deposition of confidential documents plaintiff had copied from her employer's files was protected activity."

BIS LP Inc. v. Director, Division of Taxation
TAXATION - Corporate Business Tax
"The 2006 amendment to N.J.A.C. 18:7-1.15 regarding the definition of a qualified investment asset should not have been applied retroactively. "

The Presbyterian Home at Pennington v. Borough of Pennington
TAXATION - Health-Care Providers - Real Property
"There was no basis in either the plain language of the statute or its legislative history to impose a charitable-care component on an assisted living facility for it to qualify for property tax exemption under N.J.S.A. 54:4-3.6."

State v. Washington
CRIMINAL PRACTICE - Theft - Restitution
"The trial court did not err in instructing the jury on the three types of "theft," although the indictment charged only theft by unlawful taking; the court did err in setting the amount of restitution without conducting a hearing."

New Jersey Lawyers' Fund for Client Protection v. Stewart Title Guaranty Co.
INSURANCE LAW - Title Insurance - Attorney Defalcation
"In the context of a real estate closing conducted under the North Jersey method, a title insurance carrier is liable for the closing attorney's defalcation unless it notifies the clients directly that it was disclaiming any liability for the attorney's malfeasance."

Hubner v. Spring Valley Equestrian Center
TORTS - Negligence - Equine Activities
"An exculpatory release will not be enforced to bar a claim for liability arising out of conduct or omissions expressly identified in N.J.S.A. 5:15-9 of the equine activities liability act. "

U.S. Land Resources v. Borough of Roseland
TAXATION - Property Taxes
"No 'interests of justice' would be served by dismissing plaintiff's complaint for failure to pay the property taxes under N.J.S.A. 54:51A-1(b) when the overriding purpose of the statute has been satisfied, given the intent of the 1999 amendment to remove any 'jurisdictional prerequisite.' " 

Cruz-Diaz v. Hendricks
INSURANCE LAW - PIP - Statute of Limitations
"Plaintiff's PIP claim is time-barred; payment of transportation costs to an independent medical examination (IME), which were paid by the PIP insurer, does not constitute a 'benefit' that extends the time when the PIP statute of limitations begins to run."

Application for Project Authorization Under New Jersey Register of Historic Places Act
LAND USE and PLANNING - Redevelopment
"The Camden Redevelopment Agency has standing to apply for authorization to demolish a building on the National and New Jersey Registers of Historic Places; the DEP did not act arbitrarily or capriciously in granting the application."

A.M.S., on Behalf of Minor Child, A.D.S. v. Margate Board of Education
SCHOOLS AND EDUCATION - Military - Domicile
"There was substantial, credible evidence in the record establishing that petitioner, a full-time, active-duty member of the U.S. Army, is domiciled in Margate; Margate is responsible for providing petitioner's son with a free public school education."

FEDERAL DECISIONS:

Pascarella v. Swift Transportation Company
ADMINISTRATIVE LAW - Commercial License
"Due process is satisfied by the published availability of procedures for a predeprivation hearing in the New Jersey Administrative Code; because plaintiff failed to request a predeprivation hearing, he cannot state a claim for denial of due process. "

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