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Vol. 3 No. 176 Decisions Released Sept. 18, 1995 CONTRACTS 11-2-6532 Tele-Measurements Inc. v. Univ. of Medicine and Dentistry of N.J., App. Div. (6 pp.) Summary judgment was properly granted to defendant UMDNJ in plaintiff’s breach of contract suit, since the complaint was barred for plaintiff’s failure to comply with the notice of claim provisions of the applicable Contractual Liability Act, and the applicable statute of limitations. INSURANCE — VERBAL THRESHOLD 3-2-6533 Albert A. Jimenez v. Young K. Lee, et al., App. Div. (2 pp.) Plaintiff’s complaint was correctly dismissed for failure to meet the verbal threshold requirements since the treating chiropractor’s most recent report makes no objective finding of spasm, and only relates plaintiff’s subjective complaints. 23-2-6534 Eugene Sirmans v. Migdalia Couret, et al., App. Div. (3 pp.) Where plaintiff, after treatment with a chiropractor for six months after an accident, was seen by this same chiropractor again two years later, with no objective finding of spasm, and then spasm was found four years after the accident by a different chiropractor, the granting of summary judgment for the defense was appropriate. REAL ESTATE — MISREPRESENTATION 34-2-6535 Michael Rullo Jr. v. John Drobniak, et al., App. Div. (4pp.) Since there were genuine issues of material fact as to whether seller and realtor misrepresented the water problem in the basement of the house to the purchaser, the trial court erred in granting summary judgment in favor of seller and realtor under the doctrines of merger and caveat emptor. FEDERAL COURT CASES INSURANCE — EXCESS CARRIERS — INDEMNIFICATION 23-7-6536 Lake Area Health Syss. Inc., et al. v. Royal Indem. Co. Health Care Ins. Exch., U.S. Dist. Ct. (7 pp.) Since claims asserted by doctor against hospital in an underlying action did not arise through the direct provision of medical services, but rather asserted contract and related claims that only bear a collateral relationship to such medical services, the doctor’s injuries cannot be said to have been “caused by” the provision of medical services and coverage is not invoked by the plain language of the excess carrier’s policy. INTELLECTUAL PROPERTY — PATENTS — JURISDICTION 53-7-6537 Iman Abdallah v. Vincent J. Pileggi, U.S. Dist. Ct. (22 pp.) Recommendation of magistrate judge, to dismiss plaintiff’s declaratory judgment action to invalidate defendant’s patent for lack of personal jurisdiction, is affirmed, since the transaction at the heart of the narrow issue is the granting of a patent in Washington, D.C., to a Pennsylvania resident, and the allegations of misuse of the patent, through sales of product to New Jersey residents over the QVC shopping network on the “cable highway,” whether meritorious or not, have nothing to do with the validity or enforceability of the patent, and do not constitute sufficient minimum contacts with New Jersey. LABOR AND EMPLOYMENT 25-7-6538 Equal Employment Opportunity Comm’n v. Continental Ins. Co., U.S. Dist. Ct. (15 pp.) Defendant insurer’s summary judgment motion is granted in plaintiff’s age discrimination case, since insurance company articulated permissible reasons for eliminating the complainant’s position and retaining and hiring certain younger employees, thereby dispelling the prima facie discrimination case, and the plaintiff then failed to prove that the reasons were pretextual. REAL PROPERTY — JUDGMENTS — INTEREST 34-7-6539 Samco Rockaway 90 Inc. v. Lawyers Title, et al., U.S. Dist. Ct. (7 pp.) In a case involving a transfer of realty under a cloud of defective title due to a Green Acres restriction, since the award of prejudgment interest is discretionary in contract matters, and since the municipality had the use of grantee’s funds for more than a decade when it knew that it lacked the ability to convey good title, equitable principles command the award of prejudgment interest against the municipality. CRIMINAL LAW AND PROCEDURE 14-7-6540 U.S.A. v. John O’Rourke, U.S. Dist. Ct. (14 pp.) In a case where defendant was found guilty of conspiracy to manufacture and distribute methamphetamine, the appeals court remanded to the district court for further fact-finding on the purity of the drug product and for a determination of the isometric composition of the product, because both of these factors must be considered in the sentencing guidelines, and the district court, therefore, in this opinion analyzes the evidence and makes technical findings of fact as to the quality of the drug product.

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