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Vol. 3 No. 144 Decisions Released August 2, 1995 STATE COURT CASES LABOR AND EMPLOYMENT 25-2-6303 Int’l. Union of Operating Eng’rs, etc., et al. v. Delaware River and Bay Authority, App. Div. (11 pp.) Trial judge erred in dismissing, for lack of jurisdiction, complaint in which employees of bi-state bridge and ferry authority sought recognition of union local as their representative, since the compact that created the authority expressly cedes concurrent jurisdiction to the courts of both New Jersey and Delaware, and judge was empowered to grant plantiffs the right to collectively negotiate under parallel legislation of both states. PARENT/CHILD — DEBTOR/CREDITOR — CONTRACTS 28-10-6304 N.J. Dist. Kiwanis Int’l v. Mahendra Gandhi, Special Civil Part (7 pp.) Court held parent is liable for unpaid travel charges for teenage son’s attendance at Kiwanis-sponsored Key Club convention. [Approved for publication Aug. 1, 1995.] (This is the lower court decision, which was affirmed in DDS No. 28-2-6293, approved for publication July 31, 1995, and discussed in yesterday’s Alert.) [Available online in N.J. Full-Text Decisions.] PUBLIC RECORDS 52-1-6305 Marvin Louis Hammock Jr., et al. v. Hoffmann-La Roche, Inc., et al., Supreme Ct. (43 pp.) In this case–where plaintiffs filed suit against a doctor for malpractice and drug company on products liability theory for their child’s birth defects, caused by an acne drug taken by the mother–and where public interest group intervened seeking access to sealed court records, the Court noted that, while there is a common law presumption of public access to documents and materials filed with a court in connection with civil litigation, the right of access is not absolute, and a flexible balancing process must be employed; the Court set forth a reasonableness standard to be used as guidance in the determination of whether that presumption of access may be rebutted. [Available online in N.J. Full-Text Decisions.] SECURITIES 50-1-6306 A. Jared Silverman, etc. v. Robert Gary Berkson, Supreme Ct. (30 pp.) The state Bureau of Securities may issue a subpoena to a nonresident (and enforce same) where the nonresident has engaged in purposeful conduct expressly aimed at the New Jersey securities market. [Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE — PRE-TRIAL INTERVENTION 14-2-6307 State v. Bruce Wallace, App. Div. (7 pp.) In affirming the prosecutor’s denial of PTI to attorney who had threatened his girlfriend with a gun, the judge erred in not asking a critical question–whether the attorney was suffering from an exclusively mental problem when he committed the criminal acts, and, if so, whether that condition can be treated–and if he was mentally ill, neither the fact that he threatened violence nor the fact that the illness caused him to make threats on other occasions warrants that he be barred from PTI altogether. [Available online in N.J. Full-Text Decisions.]

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