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Vol. 3 No. 180 Decisions Released Sept. 22, 1995 STATE COURT CASES CONTRACTS — LIMITATIONS 11-2-6571 Oakwood Land Dev. Inc. v. V & I Assocs. Inc., et al., App. Div. (6 pp.) In a case where a developer filed suit againt a surveying firm for damages resulting from developer’s reliance on surveyors’ alleged misrepresentations concerning the potential development of certain property, the trial judge erroneously dismissed a complaint as barred by statute of limitations, since the Pinelands Commission’s initial series of letters to developer did not deny the development applications, but merely informed the developer that the applications could not be granted until a “waiver of strict compliance” was obtained, and the developer’s cause of action did not accrue until the final letter, which unequivocally informed the developer that the waiver application was denied. FAMILY LAW 20-2-6572 John Mahoney v. Linda Mahoney, App. Div. (4 pp.) Husband was entitled to a plenary hearing as to the meaning of the integrated property settlement and support agreement with respect to the question of the parties’ tax liabilities, and the trial judge therefore erred in holding husband responsible for all taxes of both parties, and the matter is remanded. HEALTH — ADMINISTRATIVE LAW — NURSE AIDE TRAINING 22-2-6573 Mahala Welch, et al. v. Preakness Hosp., App. Div. (8 pp.) Where nurse aide, who had worked in that capacity for 15 years before mandatory testing and certification were implemented, passed the clinical aspect of the test but failed the theory portion partially due to her difficulty in reading, she was wrongfully terminated for failure to become certified, and should have been given additional opportunities to complete the certification process, but an award to her of automatic reinstatement with back pay cannot stand. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-6574 Henry McNeal v. Bd. of Review, App. Div. (2 pp.) Although monthly payments received by the employee during the base year constituted remuneration under the statutes, since such payments were not “earned” during the base year, employee was properly denied unemployment compensation benefits. NEGLIGENCE — DISCOVERY 31-2-6575 In the Matter of World Jeep Eagle, App. Div. (5 pp.) Since Rule 4:11-1 is intended to provide a technique for the pre-action perpetuation of testimony and preservation of evidence to prevent failure or a delay of justice, and was not intended to permit before an action is instituted free-ranging discovery opportunities routinely available to litigants in a pending action, insurance company’s motion to compel a physical examination of injured persons was properly denied. FEDERAL COURT CASES BANKRUPTCY 42-7-6576 Fred Lowenschuss, etc., et al. v. Resorts Int’l. Inc., U.S. Dist. Ct. (6 pp.) Although status order–clarifying caption of adversary proceeding to reflect that pension plan trustee plan is and has been a party to the action individually, as well as in his capacity of trustee–may not be a final order, it is still appealable at the district court’s discretion and, since the trustee’s appeal of the order likely will materially advance the litigation’s ultimate termination, the defendant’s motion to dismiss the appeal is denied. BANKRUPTCY — I.R.A.’S 42-6-6577 In re: Ronald J. Yuhas, Debtor, U.S. Bankruptcy Ct. (14 pp.) Since the debtor’s interest in his individual retirement account creates a beneficial interest in a trust, the transfer of which (including a creditor’s attachment) is restricted under New Jersey statutes, and, since the restriction is enforceable under applicable non-bankruptcy law, the IRA is not property of the debtor’s estate pursuant to 11 U.S.C. 541(c)(2). [For publication.]

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