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VOL. 2, NO. 138 DECISIONS RELEASED AUGUST 1, 1994 FAMILY LAW – JURISDICTION 20-2-3877 Carrie J. Fisher v. Joseph V. Fisher III, App. Div. (9 pp.) Where husband, New Jersey resident, sued to modify Michigan divorce judgment where children and wife reside, trial court properly declined to exercise jurisdiction over visitation and alimony, since New Jersey lacked in personam jurisdiction over the wife, and jurisdiction, under the Uniform Child Custody Jurisdiction Act, on the visitation issues. INSURANCE 23-2-3878 Terry A. Stewart and David M. Reardon v. Rutgers Casualty Ins. Co., App. Div. (17 pp.) Where defendant insured assigned to plaintiff any claims that he may have had against his insurer in exchange for a release from judgment in a personal injury suit, trial court erred in granting plaintiff’s summary judgment motion claiming bad faith against the insurer for its conduct defending its insured, since insurer’s conduct did not reach the level of conduct in Rova Farms Resorts, Inc. v. Investors Ins. of America, 65 N.J. 474 (1974). INSURANCE – AUTOMOBILES 23-2-3879 Linda Selitto v. Hrissoula Hiotis, et al., App. Div. (6 pp.) Where plaintiff’s back and lower abdomen supposedly were injured in an auto accident, trial court properly dismissed the complaint for failure to meet verbal-threshold criteria, since plaintiff suffered from an enlarged liver (and treatment-related back spasms), but presented no proof that the accident caused the liver ailment. CRIMINAL LAW AND PROCEDURE 14-2-3880 State v. Paul G. Gaines, App. Div. (9 pp.) Where defendant was convicted of second-degree robbery and third-degree burglary, trial judge, with respect to robbery conviction, failed to inform the jury of the requisite mental state with respect to the injury/force element under N.J.S.A. 2C:15-1a(1); the defendant’s burglary conviction and sentence were affirmed. 14-2-3881 State v. Terry Orr, App. Div. (7 pp.) Where defendant was convicted of second-degree aggravated assault after an arresting officer told him that his punishment would be mitigated if he cooperated, and the defendant confessed, trial court properly held that the confession was valid, since there was no evidence of coercion. CRIMINAL LAW AND PROCEDURE – CONSTITUTIONAL LAW 14-1-3882 State v. Lucy Maldonado and Carlos Rodriguez, Supreme Ct. (68 pp.) Where both defendants, were convicted of violating Section 9 of the 1986 Comprehensive Drug Reform Act, N.J.S.A. 2C:35-9, after separate individuals died from ingesting narcotics that the defendants had given them, the Court held that the statute does not violate due-process limits or other constitutional requirements, since any injustice that results from the imposition of this strict liability statute is counterbalanced by the public benefit.

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