Legal Research

Fernandez v. Nationwide Mutual Fire Ins. Co.
INSURANCE LAW - PIP Reimbursement
"A carrier who has paid PIP benefits to an insured is entitled to reimbursement from the insurance proceeds of the third-party tortfeasor pursuant to N.J.S.A. 39:6A-9.1, even when the tortfeasor's insurance is insufficient to make the insured whole."

State v. Rolon
CRIMINAL PRACTICE - Robbery - Jury Instructions
"Where defendant possessed a knife, the trial court erred in advising the jury that her intent was irrelevant to a determination of whether she was armed with a deadly weapon under the grading statute for robbery."

Amalgamated Transit Union, Local 880 v. New Jersey Transit Bus Operations Inc.
EMPLOYMENT - Arbitration - Grievances
"Applying the "reasonably debatable" standard of review, the Court defers to the arbitration panel's conclusion that an employee, who was terminated during his probationary period, did not have access to the grievance provisions of the collective-bargaining agreement."

State v. Hill
CRIMINAL PRACTICE - Adverse-Inference Charge - Witnesses
"Providing a Clawans charge was reversible error where the charge undermined defendant's entitlement to benefit from the presumption of innocence and to demand that the state bear the burden of proving, beyond a reasonable doubt, all elements of the charges against him."

State v. Coppola
CRIMINAL PRACTICE - Drunken Driving
"The Chun decision did not open the door for pretextual defenses where the defendant has been found to be at or above the threshold blood-alcohol limit."

Allstate Ins. Co. v. Fisher
CIVIL PRACTICE - Insurance Law - Summary Judgment

The motion judge's failure to comply with Rule 1:7-4 requires that the uncontested summary judgment in plaintiffs' favor be reversed and remanded; however, because of defendant's dilatory conduct, the remand is conditioned on his paying plaintiff's attorneys' fees."

State v. Finesmith
CRIMINAL PRACTICE - Warrants
"A two-week restriction of a communications data warrant was unnecessarily restrictive of the state's right of investigation."

International School Services Inc. v. New Jersey Department of Labor and Workforce Development
WORKERS' COMPENSATION - Overseas Employees
"An order declaring that plaintiff was obligated to provide workers' compensation coverage for its overseas employees is reversed and the matter is remanded for further discovery respecting the employees' contacts with New Jersey and for reconsideration under Connolly ."

State v. Wessells
CRIMINAL PRACTICE - Search and Seizure - Right to Counsel
"A person who has asserted the right to counsel during a police custodial interrogation and is then released may be interrogated again if the break in custody afforded a reasonable opportunity to consult an attorney. "

FEDERAL DECISIONS:

Rivera v. Washington Mutual Bank
BANKING - Mortgage Foreclosure Fees
"In this proposed class-action suit seeking to recover various fees and costs collected in connection with home foreclosure actions, the court dismisses plaintiff's claims that defendants charged unauthorized fees and overcharges."

Eisai Co., Ltd. v. Teva Pharmaceuticals USA Inc.
INTELLECTUAL PROPERTY - Patents
"In granting Eisai's motion to strike in this patent infringement case, the judge erred where she misapplied Rule 9(b) and it cannot be held as a matter of law that Teva's allegations have no possible relation to its defense."

Rivera v. City of Camden Board of Education
EMPLOYMENT - Conscientious Employee Protection Act
"Where plaintiff's employment as a teacher was terminated after he informed students to tell their parents about a school punishment, plaintiff has sufficiently alleged that he engaged in a whistle-blowing activity under CEPA".

In re Complaint of Judicial Misconduct
JUDGES - Misconduct
"The judge's retention of sexually explicit material on his private Web site and his inattention to the need for prompt corrective action on learning that the site could be accessed by the public results in an admonition."