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Vol. 3, No. 34 DECISIONS RELEASED FEBRUARY 22, 1995 CIVIL PROCEDURE – ENVIRONMENT 07-2-5006 Sanford Weed, et al. v. Casie Enterprise, et al., App. Div. (21 pp.) Where gas station owner totally fabricated lawsuit for spill cleanup costs against oil salvage company that removed a tank on station premises, the jury’s no cause verdict was proper, as was the assessment against the plaintiff of defendant’s attorneys’ and expert fees under the Frivolous Claims Act. [Approved for publication Feb. 22, 1995.][Available online in N.J. Full-Text Decisions.] CONSTITUTIONAL LAW 10-3-5007 Karen Sabatino v. St. Aloysius Parish, et al., Law Div. (12 pp.) As long as secular contracts are not violated, a parochial elementary school’s decision to fill the position of principal with a clerical applicant should not be subject to judicial scrutiny because the First Amendment requires judicial abstention from such matters, which amounts to a Catholic parish’s right to exercise its religion. [Approved for publication Feb. 22, 1995.] [Available online in N.J. Full-Text Decisions.] 10-3-5008 In re: Frank R. Lautenberg, et al. v. Edward A. Kelly, Jr., et al., Law Div. (10 pp.) Because the prohibition on grouping candidates for U.S. senator and governor in the same column with other candidates endorsed by the political party burdens the plaintiff’s rights of free speech and association while serving no compelling state interest, N.J.S.A. 19:23-26.1 violates the First and Fourteenth Amendments to the U.S. and N.J. Constitutions and is void. [Approved for publication Feb. 22, 1995.] FAMILY LAW 20-2-5009 Joseph Seidel v. Anita Seidel, App. Div. (6 pp.) Appellate Division reversed that part of a divorce judgment that adjudicated that husband had no continuing liability for an obligation undertaken by the parties during their marriage to pay his mother a stipend for the rest of her life, since it is fundamental that a court may not enter an order adjudicating the rights of persons who have not been joined in the action. INSURANCE 23-2-5010 Anne Andrews v. Allstate Insurance Co., Law Div. (10 pp.) The arbitrator’s award to plaintiff is modified since the award of interest to a successful claimant seeking personal injury protection benefits is not discretionary and it is therefore not fatal that plaintiff did not specifically ask for interest in her claim for arbitration, but interest will be granted only to the extent that dental services actually have been performed, and shall not be granted on that part of the award dealing with prospective work. [Approved for publication Feb. 22, 1995.][Available online in N.J. Full-Text Decisions.] LABOR AND EMPLOYMENT 25-2-5011 Nicoletta Marra v. Bd. of Review, App. Div. (4 pp.) Where employee had arranged to start a job on Feb. 1 and walked out of her old job on Jan.15 after an argument over inventory policies with her immediate supervisor, the board, based upon the credibility of each party’s version of the incident, could reasonably conclude that the employee did not leave work for good cause attributable to such work, and was properly disqualified from receiving unemployment benefits. NEGLIGENCE 31-2-5012 Adam N. Zipper v. Ocean Ice Palace, et al., App. Div. (12 pp.) Although the trial judge ordered a new trial on damages due to her failure to give a cautionary instruction on the time-unit rule under R.1:7-1(b), the Appellate Division found that, while such an instruction should have been given, it was not plain error since there was no objection by defense counsel; the Appellate Division, however, ordered a new trial because the $500,000 verdict was so excessive that it constituted a miscarriage of justice under the law. WORKERS’ COMPENSATION 39-2-5013 John R. Bunk v. Port Authority of N.Y. and N.J., et al., App. Div. (16 pp.) An employee of the Port Authority of New York and New Jersey who is totally disabled as a result of that employment is entitled to a worker s compensation award in this state even if he is receiving a disability pension from New York, overruling Wright v. Port Authority, 263 N.J. Super. 6 (App. Div.), certif. denied, 133 N.J. 142 (1993). [Approved for publication Feb. 22, 1995.][Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-5014 State of New Jersey v. Jason Hall, App. Div. (5 pp.) Holding that the time limit to file a motion to suppress can be extended for good cause shown, and since the state does not contend that it suffered any prejudice as a result of the late filing of the suppression motion, the court chose not to visit the various missteps of defendant’s several attorneys on the client and remanded for a suppression hearing. 14-2-5015 State of New Jersey v. Carlos Quinones, App. Div. (18 pp.) Since the record does not reflect a probability that a motion for severance, if made prior to the trial, would have been granted, the trial court did not err in failing to grant a severance sua sponte in the middle of the trial. 14-2-5016 State of New Jersey v. Philip Harrison, App. Div. (8 pp.) The trial judge committed plain error when he gave the impression to the jury that defendant’s guilt–of possessing a firearm for an unlawful purpose–was linked to the success of his defense of self-defense, and the conviction is reversed. OPINIONS THAT HAVE BEEN APPROVED FOR PUBLICATION: 07-2-4994 Barbara Haggerty v. John Bosco Cedeno (Feb. 21, 1995); 12-2-4995 Murray Schuhalter, et al., v. Anthony V. Salerno, et al. (Feb. 21, 1995); 33-2-5001 Bd.of Educ. of Newark, et al. v. N.J. Dept. of the Treasury, et al. (Feb. 21, 1995); 23-2-4985 Shirlene Spencer Stamps v. N.J.A.F.I.U.A. (Feb. 17, 1995). [All available online in N.J. Full-Text Decisions.]

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