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Vol. 3 No. 147 – AUGUST 7, 1995 STATE COURT CASES LABOR AND EMPLOYMENT — EDUCATION — L.A.D. 25-2-6322 Nelson Chou v. Rutgers, the State University, et al., App. Div. (41 pp.) While state Division of Civil Rights director correctly denied university’s motion to dismiss librarian’s complaint as untimely, his decision that university violated the LAD is reversed, since there was a lack of substantial credible evidence to support the conclusion that the university retaliated against the librarian for his prior civil rights complaint, and discriminated against him on the basis of his Chinese national origin. [Approved for publication Aug. 7, 1995.] WRONGFUL DEATH — ATTORNEYS’ FEES 40-2-6323 In the Matter of the Estate of Donald Travarelli; MaryBeth Travarelli v. Maressa, Goldstein, et al., App. Div. (12 pp.) Where decdent’s widow engaged a law firm to represent her in wrongful death action against tour guide for her husband’s death on hunting and fishing trip, and where court ordered that ex-wife (mother of decedent’s children and executrix named in his will) was the only person who could file and settle such a claim and enjoined widow from filing her own claim, the trial court erred in not ordering law firm hired by widow to return contingent fee paid by her, less the reasonable value of services rendered for services in proceedings regarding allocation of settlement proceeds. [Approved for publication Aug. 7, 1995.] CRIMINAL LAW AND PROCEDURE 14-2-6324 State v. George Sanford Bowman, App. Div. (12 pp.) Since, at the time defendant was tried and found guilty of “second degree felony murder, there were only six defined predicate offenses for felony murder under the statutes, and since defendant’s conviction was predicated on assault with a dangerous weapon, which was not one of those six offenses, the conviction must be reversed. CRIMINAL LAW AND PROCEDURE — JUVENILES 14-1-6325 State in the Interest of R.M., a juvenile, Supreme Ct. (29 pp.) Although the Code of Juvenile Justice contains an anti-incarceration provision exempting developmentally disabled juveniles from incarceration, the juvenile defendant here did not introduce evidence of functional limitations sufficient to warrant referral for evaluation and a determination of eligibility of such disability, and the Court is unable, on the record, to determine that there was sufficient evidence that the juvenile was developmentally disabled; the juvenile may petition family court to exercise its retained jurisdiction to supplement the record and conduct an evaluation to substantiate his claims. 14-1-6326 State v. Clarence Scott, Supreme Ct. (22 pp.) There was adequate evidence in the record to support the trial court’s determination that the reasons for 16-year-old defendant’s waiver to the adult court for prosecution outweighed any probability of rehabilitation. -END- A

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