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Vol. 4, No. 190 — OCTOBER 2, 1996 STATE COURT CASES CONTRACTS 11-2-0148 Tony s Truck Tire Repair, Inc. v. N.J. Tpke. Authority, App. Div. (5 pp.) Based upon the clear and unambiguous language of the contract plaintiff had with defendant — to furnish tire repair and road service on the N.J. Turnpike — the defendant did not breach any exclusivity provisions of its contract with plaintiff by adopting a pilot program to effect other tire repair service for trucks and buses. FAMILY LAW 20-2-0149 Robert J. Grano v. Kathleen Grano O Gorman, App. Div. (6 pp.) Where purpose behind order — mandating that husband contribute $500 per month toward medical bills — was to prevent wife from constantly having to apply to the court for an order compelling husband to pay the bills, and where wife admitted that there had been no actual medical bills incurred for three years, the court erred in failing to redetermine husband s obligation, and matter is remanded. 20-2-0150 Eugene Kimmel v. Barbara Kimmel, App. Div. (9 pp.) In eliminating husband s child support obligation, the trial court erred in finding that neurologically-impaired son was entitled to social security disability benefits, since the uncontroverted evidence established that such benefits had been denied, and although the court correctly found that the husband s employment prospects were problematical, since the court found that husband retained some earning capacity, it was incorrect in concluding that he should be relieved entirely of his support obligations, unfairly placing the entire burden of the son s support on the wife. LABOR AND EMPLOYMENT — L.A.D. — LIMITATIONS 25-2-0151 Nancy Wilson v. WalMart Stores, et al., App. Div. (2 pp.) Two orders in effect granting summary judgment to employer on employee s L.A.D. claim are significant in that they cite Montells v. Haynes, 133 N.J. 282 (1993) as holding that the two-year statute of limitations applies to L.A.D. claims, a previously debated point. Also, the case is barred by the exclusivity provision in N.J.S.A. 10:5-27. LANDLORD/TENANT 27-2-0152 Millville Housing Authority v. Paula Price, App. Div. (6 pp.) Both the Notice to Cease and the Notice to Quit issued to tenant in this matter were sufficient, and judgment for possession is affirmed. PARENT/CHILD 28-2-0153 In the Matter of the Guardianship of J.J.M., App. Div. (5 pp.) Where there was evidence of child suffering harm while in biological parents custody, and proof that parents continued to use drugs and alcohol and had made no fundamental change in their lifestyle as could suggest that the child would be safe with them, there was ample support for the trial judge s conclusion that DYFS proved each of the criteria for termination of parental rights by clear and convincing evidence, and the judge s findings with respect to each of these criteria were clear, concise, and well-grounded in the proofs, including the unanimous expert opinion. PUBLIC ASSISTANCE — EMERGENCY ASSISTANCE BENEFITS 45-2-0154 J.S. v. N.J. Dept. of Human Services, App. Div. (5 pp.) Since plaintiff s proofs lacked credibility, and since she did not present any argument that she was being evicted to the administrative law judge, and the proof of eviction that she had presented initially to the county welfare agency was composed of two different handwritings, the denial of her application for emergency assistance housing benefits is affirmed. WORKERS COMPENSATION — INVESTIGATIVE VIDEOTAPES 39-2-0155 William Hicks v. Beecham Products, App. Div. (16 pp.) The mere fact that sufficient credible evidence existed to justify the award for total permanent disability does not end the judge s obligation to make complete and proper findings of fact, and where the judge was faced with clear objective evidence — via an investigative videotape taken of petitioner performing substantial physical acts — which conflicted not only with petitioner s sworn testimony, but also with the representations relied upon by his experts, the judge s determination that the physical activities depicted on the tape were de minimis in nature and of very short duration is just plain wrong. FEDERAL COURT CASES BANKRUPTCY 42-8-0156 Ronald Anthony v. Interform Corp., et al., Third Cir. (12 pp.) The express terms of Section 502(b)(7) of the Bankruptcy Code mandate that this section be interpreted to place a cap upon all employment contract termination claims, regardless of whether (1) the claim has been reduced to judgment, (2) there is any connection between the employee s termination and the debtor s financial problems, and (3) a number of years has passed between the termination and the debtor s petition filing; therefore, the bankruptcy court properly reduced the recoverable amount of employee s pre-petition judgment termination claim. [Filed Sept. 25, 1996.] 42-8-0157 In re: Trans World Airlines Inc., Debtor; Stanley Berger, et al. v. Trans World Airlines, Inc., et al., Third Cir. (10 pp.) Because claimants failed to assert their prepetition defamation claims by the bar date and failed to show excusable neglect, their claims are legally dead, and the Bankruptcy Court correctly denied claimants motions to proceed and recognize those claims; however, the post-petition defamation claim should be allowed to proceed because claimants were not given actual notice of the confirmation hearing, and therefore these claims could not have been discharged in bankruptcy. [Filed Sept. 25, 1996.] CONTRACTS — TORTIOUS INTERFERENCE 11-7-0158 Pharbita, Inc., et al. v. U.S. Surgical Corp., U.S. Dist. Ct. (21 pp.) In a case arising out of the termination of a distribution agreement — pursuant to which plaintiffs agreed to distribute defendant s surgical products in Poland — (1) the court grants summary judgment to defendant on non-payment count of its counterclaim, since it is undisputed that plaintiff accepted the goods without paying for them, and is obligated to pay for them under the terms of the U.C.C., notwithstanding the existence of other disputes, and (2) summary judgment is also granted to defendant dismissing that count of the plaintiffs complaint alleging tortious interference as it relates to plaintiffs relationship with another manufacturer of surgical supplies, because the plaintiffs have not offered any admissible evidence indicating that defendant induced the other manufacturer to terminate its relationship with plaintiffs, however (3) the court denies defendant summary judgment on plaintiffs claims of breach of contract, unjust enrichment and tortious interference with employees and customers, due to the existence of factual questions. [Filed Sept. 25, 1996.] JURISDICTION 24-7-0159 Walter John Knichel v. McClenon Services Corp., et al., U.S. Dist. Ct. (7 pp.) (1) Court rejects plaintiff s contention that defendants have consented to jurisdiction and venue by removing this automobile negligence action from state court. (2) Defendants motion to dismiss for lack of jurisdiction is denied without prejudice because additional discovery is required to determine the extent of defendants use of N.J. highways in their transport of goods. [Filed Sept. 25, 1996.] LABOR AND EMPLOYMENT 25-7-0160 Haroldine J. Gantt v. Christine Todd Whitman, et al., U.S. Dist. Ct. (7 pp.) The court grants summary judgment to moving defendants on complaint of former judicial secretary who vaguely alleges a conspiracy against her causing her to resign from her job and wrongfully forfeit certain pension monies, since she has stated no basis for her claims in law or fact, and the court dismisses the complaint against the Governor — as the remaining non-moving defendant — as frivolous. [Filed Sept. 25, 1996.] THIS WEEK IN THE … The attorney general’s office says it chose a team of attorneys from ATLA to handle the state’s suit against the tobacco industry because the team included a South Carolina firm that has litigated such issues in many states. See page 29 of the Sept. 30 Law Journal.

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