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VOL. 2 NO. 165 DECISIONS RELEASED SEPT. 22, 1994 CONSTITUTIONAL LAW 10-1-4012 – Patricia Desilets i/b/o Brien Desilets v. Clearview Regional Board of Education et al., Sup. Ct. (21 pp. incl. dissent) School board that sought to block student newspaper’s publication of reviews of two R-rated movies – “Mississippi Burning” and “Rain Man” – on the ground that the reviews “advocated the use or advertised the availability of any substance believed to constitute a danger to student health” failed to establish a legitimate educational policy that would justify restriction of students’ free expression under the First Amendment. INSURANCE – WORKERS’ COMPENSATION 23-2-4013 – Christopher Frazier v. New Jersey Manufacturers Insurance Company et al., App. Div. (10 pp.) Workers’ compensation lien attaches to the proceeds of a legal malpractice suit against attorney who failed to prosecute third-party action against tortfeasor responsible for workers’ injury. TORTS 36-2-4014 – Dorothy Commander et al. v. Mercer Medical Center et al., App. Div. (7 pp.) Emotional distress claim by mother of newborn child – that hospital’s health-care personnel negligently allowed another patient to breast-feed her two-day-old daughter, causing mother anguish that the child was possibly exposed to the HIV virus – was cognizable as a direct cause of action, not a case of “bystander liability,” and thus raised questions of fact and law that should have survived defendants’ motion for summary judgment. CRIMINAL LAW AND PROCEDURE 14-2-4015 – State v. Willie J. Roberson, App. Div. (4 pp.) Where defendant’s vehicle was stopped by police after a check of his license plate revealed that his registration had expired and, while vehicle was stopped, the police officer ran a computer search and was advised in error that defendant was the subject of an active warrant for failure to appear, search of defendant and his vehicle was unreasonable because the arrest on which it was predicated was not validly based, and the evidence produced by the search should have been suppressed. -

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