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In this special report, the New Jersey Law Journal examines the most important decisions of the 2002-2003 term of the New Jersey Supreme Court with analysis by some of the state’s top practitioners.
The Floodgates Open Laidlowprogeny offer analysis of the new standard to circumvent the workers’ compensation bar. Court Reaffirms American-Rule Exception to Enforce Fiduciary Duty Other cases deal with duty of loyalty to clients in criminal defense contexts and the innocent-partner defense to malpractice-insurance fraud. Grandparent Visitation Statute Is Alive and Well If grandparents establish by a preponderance of the evidence that visitation is necessary to avoid harm to a child, the presumption in favor of parental decision-making is overcome. Public Entities May Be Required to Pay Punitives Under CEPA Court eschews public policy, points finger at the Legislature. Public Entity’s Contractual Obligation to Pay Prejudgment Interest Is Enforceable Court puts some gloss on contractual provisions for charging of interest on accounts receivable. Drawing Bright Lines for the Role of the Jury Court decides in several cases whether fact-finding function was infringed. Remediation Costs in Condemnation Top Agenda Court also handles environmental mix, including toxic exposure, insurance, land use and utilities. Charitable Purpose Saves Property Tax Exemption Court swayed by government-funded facility’s providing health care to the community’s poor. Municipalities May Set Expiration Dates for Preliminary Approvals Court also frees municipalities to shape innovative and responsive land development ordinances.

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