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Vol. 3 No. 233 Decisions Released Dec. 11, 1995 STATE COURT CASES CONSTITUTIONAL LAW — BOY SCOUTS 10-4-7283 James Dale v. The Boy Scouts of America, et al., Chancery Div. (71 pp.) The Law Against Discrimination does not apply to membership in voluntary organizations such as the Boy Scouts, despite precedent that such groups are places of public accommodation within the law’s aegis, and organization may thus constitutionally oust gay assistant scoutmaster. CONSTITUTIONAL LAW — FREE SPEECH v. PRIVACY RIGHTS 10-4-7284 Elrick A. Murray, M.D., et al. v. Michael Andrew Lawson, et al., Chancery Div. (26 pp.) Conditional injunction against abortion protesters’ picketing in doctor’s residential neighborhood did not apply to new neighborhood when the doctor moved, but upon balancing the free speech rights of the protesters with the residential privacy interest of the doctor and his family, court orders new injunction with terms tailored to the new situation. FAMILY LAW 20-2-7285 Mary Ann Fuller v. Allen C. Fuller, App. Div. (3 pp.) Although sufficient facts were established to reach a fair decision on the alimony and child support modification application without a plenary hearing, the matter is remanded because the judge mistakenly failed to realize that defendant’s prior payments were bi-weekly, rather than weekly, and thus effectively doubled defendant’s payments in the new award. INSURANCE — PUNITIVE DAMAGES — PRODUCT LIABILITY ACTIONS 23-2-7286 Johnson & Johnson, et al. v. Aetna Casualty and Surety Co., et al., App. Div. (18 pp.) Defendants’ excess liability policies do not afford coverage for punitive damage awards suffered by insured plaintiffs in failure-to-warn, product liability actions, since affording such coverage would run counter to the underlying punitive and deterrent theory of punitive damages and would therefore frustrate public policy. [Approved for publication Dec. 11, 1995. Available online in NJ Full-Text Decisions] INSURANCE — VERBAL THRESHOLD 23-2-7287 Mary Kelly, et al. v. Nicholas J. Hackett, et al., App. Div. (3 pp.) Although school teacher treated with a chiropractor for over one and one-half years for sprains and strains suffered in the accident, these injuries did not meet the verbal threshold, and since teacher, who did not lose any time from work, and whose other complaints were limited, also failed to show a serious impact on her life, her complaint was properly dismissed. NEGLIGENCE 31-2-7288 Peggi Malone, et al. v. Anna M. Alea, et al., App. Div. (3 pp.) Even if the defense expert’s testimony went beyond his report, the trial judge did not abuse his discretion in allowing such testimony, since it is doubtful that plaintiffs were surprised or unfairly prejudiced by it or that it played a significant role in the jury’s determination. WILLS, ESTATES AND TRUSTS 38-2-7289 In the Matter of the Trust Under the Will of Louis Casagrande, Deceased, App. Div. (11 pp.) In executor’s petition for will-interpretation instructions, there was sufficient evidence upon which to conclude that decedent’s will left a vested, non- contingent interest in each of his seven siblings, and, upon their respective deaths, that each sibling’s share descended per stirpes to his or her heirs. WORKERS’ COMPENSATION — “STACKING” 39-2-7290 Vito Ventre v. CPC International, Inc., etc., App. Div. (10 pp.) Since there is no basis in the compensation judge’s opinion, nor in the record, for his implicit conclusion that it was unnecessary to make a careful finding as to the combined disabling effect of the petitioner’s several injuries, rather than merely adding them together to produce a cumulative total which vaulted petitioner into a higher range of recovery, and the matter is remanded for factfinding. [Approved for publication Dec. 11, 1995. Available online in NJ Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-7291 State v. James Wyman, App. Div. (6 pp.) Trial court erred in summarily dismissing defendant’s ineffective assistance of counsel claims, and matter is remanded for an evidentiary hearing on that issue. FEDERAL COURT CASE JUDICIARY — SECURITIES 48-8-7292 In re: Sam M. Antar; Securities and Exchange Commission v. Sam M. Antar, et al., Third Cir. (13 pp.) Where judge created an appearance of prejudice and was previously disqualified in the criminal prosecution of the defendant’s sons for conspiracy to commit securities and mail fraud, and where the judge made further comments on the involvement of the family in conspiracy, he must be disqualified in this closely-related SEC proceeding.

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