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Vol. 3 No. 172 Decisions Released Sept. 12, 1995 STATE COURT CASES DEBTOR/CREDITOR 15-2-6503 Citibank, South Dakota, N.A. v. Howard P. Bilanin, App. Div. (2 pp.) Since debtor did not controvert bank’s proofs that “Citidollar$” program was not part of its credit agreement with debtor, and that debtor’s entitlement to any benefits under the program ceased when debtor defaulted on his credit card payments, summary judgment was properly granted to bank on debtor’s counterclaim for credits under the program. LANDLORD/TENANT — NEGLIGENCE 27-2-6504 Maurice Altamuro v. Frank Manza, et al., App. Div. (3 pp.) In employee’s suit against employer’s landlord for injuries sustained when he fell on a leased parking lot, plaintiff failed to establish an element of the cause of action, namely that the hole in which he fell predated the lease and his employer’s taking control of the premises. WORKERS’ COMPENSATION 39-11-6505 Edward B. Meredith v. County of Mercer, Workers’ Comp. Ct. (5 pp.) Petitioner, who injured his shoulder in a fall as he was leaving a meeting, is barred from compensation for failure to give proper notice of the injury to the employer within the 90-day limitation period, and his motion for medical and temporary disability benefits is denied. 39-11-6506 Dorothy Brown v. American Red Cross v. Hanover Ins. Co., Workers’ Comp. Ct. (26 pp.) A PIP insurance carrier has a direct right of 100% reimbursement against an employer for medical and income replacement paid on behalf of an injured employee, and such right is not simply a lien against a compensation award in favor of the petitioner. CRIMINAL LAW AND PROCEDURE 14-2-6507 State v. David Fletcher, App. Div. (23 pp.) Although jury charge as to kidnaping failed to make it clear that a finding that unlawful removal coupled with purposeful terrorizing is not the same as unlawful removal with the purpose to terrorize, the charge was not misleading in its entirety and conviction is affirmed. FEDERAL COURT CASES ADMINISTRATIVE LAW — FIREARMS LICENSES 01-7-6508 John E. Cimisi v. Lloyd Bentsen, Secretary of the Treasury, U.S. Dist. Ct. (16 pp.) Since petitioner’s requests for mandamus relief — ordering respondent to issue a decision on his application to become a firearms dealer and to conclude the administrative process within thirty days — are moot, the court has no jurisdiction. CONTRACTS 11-7-6509 Industrias Ales, C.A. v. Scandia Packaging Machinery Co., U.S. Dist. Ct. (8 pp.) In suit alleging breach of contract and implied warranties, as well as common law fraud, against manufacturer of wrapping machine, motion to amend complaint to allege violations of the Consumer Fraud Act against company and its principals individually, as well as common law fraud counts against the individuals, is granted, since the defendants have failed to show that they were unaware that plaintiff would pursue the theories, that the proposed amendments would unduly prejudice them or that plaintiff unduly delayed filing the motion. LABOR AND EMPLOYMENT — ERISA — MEDICAL BENEFITS 25-7-6510 Local 56, United Food and Commercial Workers Union, et al. v. Campbell Soup Co., et al., U.S. Dist. Ct. (56 pp.) (1) On retirees’ claims that they were entitled to lifetime medical benefits, and that employer violated ERISA and the Labor Management Relations Act by amending plan documents to terminate health benefits, summary judgment is granted to employer, since neither the unambiguous plan documents nor the collective bargaining agreements guaranteed vesting of such benefits, and, further, employer expressly reserved the right to amend the retirees’ health care plan to limit those benefits in the future, however (2) summary judgment is not granted to employer on retirees’ claims for breach of fiduciary duty under ERISA, since there is a factual question whether employer breached its duty to properly notify retirees of the changes in the plan. [For publication.]

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