Legal Research

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STATE DECISIONS:

Burke v. Sea Point Realtors, et al
"The Probate judge's approval of the sale of the incompetent's property is not entitled to preclusive effect since the guardian's application did not reveal that the buyers were also the principals of the selling agent."

McDarby et al v. Merck & Co. Inc.
"Plaintiffs' punitive claims under the Products Liability Act were pre-empted by the Food, Drug and Cosmetic Act; plaintiffs' claims under the Consumer Fraud Act were subsumed by the Products Liability Act; the awards of attorneys' fees and costs were vacated."

Romagnola v. Gillespie, Inc.
"In the unique facts here, invocation of Rule 1:1-2 to relax the September 2004 amendments to the offer-of-judgment rule, Rule 4:58-2, is a proper exercise of judicial discretion."

Frappier v. Eastern Logistics, Inc.
"Where an insurance company was not a party to the proceeding in the division, and the judge of compensation had not determined whether plaintiff was an employee or independent contractor at the time of the accident, it was improper to exercise the division's ancillary authority to address insurance coverage."

Ivashenko v. Katelyn Court Co., Inc.
"Since plaintiffs' initial election to proceed under the act was not knowing and voluntary, its preclusion-of-remedies provision does not bar them from seeking additional relief in court."

FEDERAL DECISIONS: