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Vol. 2, No. 19 DECISIONS ISSUED FEBRUARY 2, 1994 CORPORATIONS 12-2-2445 Billie Jane Maul, et al. v. Elwood F. Kirkman, et al., App. Div. (28 pp.) In a minority shareholders’ derivative action, trial court’s holding on several issues was remanded where corporate officers breached their fiduciary duty, by, among other things, failure to disclose requested financial information. LABOR AND EMPLOYMENT 25-2-2446 Beth C. Rothman v. Board of Review, Department of Labor and Industry and Lord & Taylor, App. Div. (3 pp.) Board properly denied plaintiff employee’s unemployment benefits for gross misconduct after termination from co-defendant store, since behavior such as crediting her store charge account for non-returned merchandise constituted gross misconduct. FAMILY LAW 20-2-2447 Kathleen M. Scudder v. Glenn M. Scudder, App. Div. (5 pp.) Trial court erred in dismissing wife’s motion to vacate equitable distribution of marital property filed almost three years after divorce judgment based on husband’s alleged misrepresentations of property value, since the expiration of one year following entry of a divorce judgment is not an absolute bar to filing motion, especially when filed shortly after facts underlying application are discovered. PRODUCT LIABILITY 32-2-2448 Kenneth Dixon v. Jacobsen Manufacturing Company, et al., App. Div. (30 pp.) A consumer-product manufacturer who knows the identities of the present owners of the products it makes has a duty to provide those owners with safety instructions it has adopted after the date the product was manufactured. PUBLIC EMPLOYEES 33-2-2449 Badr E. Labib v. Housing Authority of the City of Newark, App. Div. (9 pp.) Public employee’s complaint under the Conscientious Employee Protection Act was properly dismissed, since plaintiff did not report alleged wrongdoings until six months after he and 14 other employees had been discharged because of budget constraints. TORTS 36-2-2550 Loleta Mitchell v. Jamieson Dana, App. Div. ( 3 pp.) Trial judge properly instructed the jury on the model charge regarding the duty of care owed by a common carrier even though the judge omitted the fact that “[c]arriers must use the utmost caution that is characteristic of a very careful and prudent person,” since the charge conveyed the substance of the duty owed by a common carrier despite the omission. CRIMINAL LAW AND PROCEDURE 14-2-2551 State v. Melvin C. Clark, App. Div. (25 pp.) Trial court after a R. 8 hearing properly admitted evidence regarding defendant’s prior conduct toward the decedent, since such testimony is admissible to show the defendant’s intent and state of mind, especially when the acts testified to are related to the crime charged. 14-2-2552 State v. Roberto Hinds, App. Div. (5 pp.) Trial court erred in imposing a prison term with no parole eligibility on defendant’s conviction of a first-degree crime that was properly downgraded, since a mandatory parole-ineligibility period is not eliminated when the degree of the crime is reduced or deviated downward from the presumptive term. 14-1-2553 State v. Ronald Valentine, Sup. Ct. (25 pp.) Police officer involved in an investigatory stop and frisk was justified based on the late hour; the fact that the stop was in a high crime area; and defendant’s furtive behavior, such as ducking behind a tree after seeing a police car and keeping his hands in his pockets while talking to the arresting officer.

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