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STATE COURT CASES LANDLORD/TENANT 27-2-1277� Marilyn Manor Co-op Corp. v. Lee, App. Div. (per curiam) (7 pp.)� In a case wherein the record presents a virtual parade of procedural and substantive errors attributable to the trial judge who heard the action for possession, the judges who entertained the subsequent applications by defendant, and defendant’s first counsel, the court reverses the judgment for possession entered against a 62-year old tenant, ordering him to leave the apartment in which he has resided for twenty- five years. NEGLIGENCE� –� SLIP AND FALL 31-2-1278� Gagelonia, et ux. v. Harrah’s Casino Hotel, App. Div. (per curiam) (4 pp.)� No cause of action verdict is affirmed in this case based on plaintiff’s fall on a slippery rest room floor in� defendant’s premises; inter alia, the panel notes that, although the judge should have given an instruction to the jury that a photograph of the restroom produced during testimony — and showing a “caution — slippery floor” sign — was not itself offered in evidence, the error did not have the capacity to cause an unjust result, since the photograph proved nothing with respect to the critical time period, and plaintiff’s and the witnesses responses to questions concerning the photograph were in evidence. FEDERAL COURT CASES INTERNATIONAL LAW — LABOR AND EMPLOYMENT 60-6-1279 , U.S. District Ct. (Greenaway, D.J.) (120 pages) Complaint by former Russian citizen, charging that German company coerced thousands of persons to perform forced labor under inhuman conditions without compensation during World War II, is dismissed under Rule 12(b)(6) for failure to state a claim since (1) the claims under U.S. and German law are time-barred and (2) the international law claims fail because the London Debt Agreement of 1953 contemplated that individual claims would be pursued by way of government-to- government negotiations, not litigation. In addition, the forced labor claims raise nonjusticiable political questions and are barred by principles of international comity. [Filed Sept. 13, 1999][For publication.] 60-6-1280 Burger-Fischer et al. v. Degussa AG; Lichtman et al. v. Siemens AG, U.S. Dist. Ct. (Debevoise, D.J.) (78 pp.) Suits seeking restitution and damages from German companies for refining gold seized from Nazi concentration camp inmates, manufacturing the poison used in Nazi gas chambers and using slave laborers during World War II raise nonjusticiable political questions � i.e. whether post-war international reparation agreements made adequate provision for the victims of Nazi oppression and whether Germany has adequately implemented those agreements.� [Filed Sept. 13, 1999][For publication.] LABOR AND EMPLOYMENT� –� TITLE VII� –� GENDER DISCRIMINATION 25-8-1281� , Third Cir. (Becker, Chief C.J.) (25 pp.)� Reviewing the correctness of an instruction to the jury that it was required to return a verdict in favor of the employer defendant if it did not find that the female plaintiff had been replaced by a male, the court joins seven other circuits in holding that a plaintiff claiming discriminatory firing need not prove, to make out a prima facie case, that she was replaced by someone outside the relevant class; however, the court nevertheless affirms the judgment entered for the defendant on the ground that the erroneous jury instruction was harmless.� [Filed Sept. 7, 1999.] LABOR AND EMPLOYMENT� –� TITLE VII� –� RACIAL DISCRIMINATION 25-8-1282� , Third Cir. (McKee, C.J.) (26 pp.)� The court reverses the District Court’s grant of summary judgment in favor of the defendant on plaintiff’s complaint alleging reverse discrimination after he was denied a requested promotion within the Postal Service; the court finds that plaintiff established a prima facie case under Title VII and produced sufficient evidence to raise a genuine issue of material fact as to whether the defendant’s proffered race-neutral explanation for the challenged employment decision was a pretext for illegal discrimination.� [Filed Sept. 8, 1999.] ADMINISTRATIVE LAW DECISIONS EDUCATION 01-EDU-1283� Passaic Cy. Elks Cerebral Palsy Treatment Ctr. Bd. of Trustees v. Dept. of Education, etc., OAL (Jones, A.L.J.)� (12 pp.)� The ALJ affirms the audit decision of the respondent that determined that transactions between the petitioner and the Passaic County Elks Crippled Children’s Committee, Inc. are between related parties and thus are not arms-length transactions.� This determination required the petitioner to change its name to remove any reference to Elks; to remove and not allow members of the Elks on the Board of Trustees; and to amend its constitution and by laws by deleting certain language and particular street address, thus allowing the petitioner to lease or purchase another property.� [Initial decision dated May 18, 1999.] PUBLIC EMPLOYEES� –� DISCIPLINE 01-CSV-1284� Facendo v. Monmouth Cy. Prosecutor, OAL (Bruno, A.L.J.)� (9 pp. — includes ALJ’s initial decision and final decision by Howard, Presiding Bd. Member)� Noting that Senior Clerk Typist has appeared to abandon her argument that respondent failed to provide her with reasonable accommodation for her disability (carpal tunnel syndrome and reflex sympathetic dystrophy), the ALJ properly concluded that, on the evidence presented, her removal was justified since she was unfit and physically unable to perform her duties.� [Initial decision dated Jun. 10, 1999; Final decision dated Jul. 23, 1999.] PUBLIC EMPLOYEES� –� DISCIPLINE 01-CSV-1285� Costantino v. N.J. Dept. of Transportation, etc., OAL (Masin, A.L.J.)� (27 pp.)� On remand for a new evidential hearing in this case charging petitioner — a DMV Administrative Analyst — with sexual harassment of a subordinate employee, the ALJ finds the charges unsubstantiated, and orders the petitioner returned to his position with full back pay and benefits; inter alia, the judge notes that there was no evidence until shortly before the employee filed her complaint that she ever indicated to petitioner or anyone else that petitioner’s conduct was causing her any concern or discomfort, or that she acted to avoid his presence to any significant extent which would signal that she was not comfortable in his presence.� [Initial decision dated May 27, 1999.] SPECIAL EDUCATION 01-EDS-1286� Ga.L. v. Saddle River Bd. of Education, etc., OAL (Hayden, A.L.J.)� (29 pp.)� In a case involving the appropriate services and IEP’s for petitioners’ twin autistic twin five-year old boys, the court concludes, inter alia, that: (1) with respect to the first child, the District did not follow the IDEA mandate of mainstreaming to the maximum extent possible and the child’s placement, therefore, is not appropriate; and (2) with respect to the second child, the placement in a regular classroom with a full-time aide and other related services is appropriate.� The court also discusses the appropriateness of Greenspan relationship-based therapy for both children at this time (as opposed to the applied behavior analysis method previously used), and addresses the components of the IEP’s relating to such therapy.� [Final decision dated Jun. 22, 1999.] UTILITIES� –� ELECTRICITY 01-BPU-1287� I/M/O Consideration…of JCP&L Co.’s Demand Side Management Resource Plan, etc., BPU (Tate, President) (16 pp.)� On remand from the Appellate Division, the Board (1) supplements its prior Order approving JCP&L’s Second Demand Side Management Resource Plan (DSM*2 Plan) with more detailed reasoning as to the basis of its approval of the reduction in rebates for high efficiency HVAC equipment from the DSM*1 Plan, and the elimination of rebates for high efficiency room air conditioning units; and (2) after review of the modified DSM*2 Plan submitted and accepted by Staff, and after providing all parties with an opportunity to comment thereon, enters a final decision approving the Plan.� [Order dated Jun. 9, 1999.]

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