X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Vol. 4, No. 178 — September 13, 1996 STATE COURT CASES INSURANCE — APPEALS 23-2-0004 Chopper Express, Inc. v. Dept. of Ins., etc., et al., App. Div. (14 pp.) The Legislature did not authorize the Commissioner of Insurance to create an Appeals Subcommittee to hear disputes between insurance companies and insureds as to the amount of an insured’s premium obligations. [Approved for publication Sept. 13, 1996.] INSURANCE — ENTIRE CONTROVERSY 23-2-0005 Royal Ins. Co., etc. v. Andrew Gigante, etc., App. Div. (4 pp.) Since causes of action arising from water damage allegedly resulting from defendant’s negligence, and defendant’s action for non-payment on the subject construction project are all related claims, they should have been disposed of in one action, and current action is barred by the entire controversy doctrine. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-0006 Christine Ripp v. Bd. of Review, et al., App. Div. (3 pp.) Board’s decision that claimant has not established good cause for her two-month delay in filing an appeal regarding her Trade Readjustment Allowance benefits is affirmed as a reasonable exercise of its discretion under the circumstances, consistent with the litigant’s due process rights and fundamental fairness. TAXATION — INHERITANCE TAXES 35-5-0007 Louis B. Off, etc. v. Div. of Taxation, etc., et al., Tax Ct. (22 pp.) Taxpayer must file a protest and request for a hearing with the Director of the Division of Taxation or file a complaint with the Tax Court from a notice of assessment imposed pursuant to the Transfer Inheritance Tax Act within 90 days of the date of the notice, and failure to comply requires dismissal of appeal. [Approved for publication.] TAXATION — SALES & USE TAX — NONRESIDENT EXEMPTION 35-5-0008 Joseph Furmato v. Director, Div. of Taxation, Tax Ct. (10 pp.) Taxpayer who resided in Florida during the winter and maintained a home in N.J. which he visited annually for the summer months did not qualify as a nonresident for exemption from N.J. sales tax on the purchase of an automobile in N.J. under N.J.S.A. 4:32B-10(a) and N.J.A.C. 18:24- 7.8(b)(1). [Approved for publication.] FEDERAL COURT CASES CONTRACTS 11-7-0009 Harrisburg Computers, Inc. v. Lockheed Information Management Svcs. Co., U.S. Dist. Ct. (25 pp.) Defendant, having included plaintiff as a subcontractor in its general contractor’s bid for a large public project, was not unjustly enriched, did not breach any contract, commit fraud or violate any covenant of good faith and fair dealing when it terminated subcontract negotiations with the plaintiff after being awarded the contract, nor did plaintiff have the right to detrimentally rely on the initial negotiations. [Filed Aug. 29, 1996.] CORRECTIONS — CIVIL RIGHTS 13-7-0010 L. Royal Fisher v. Patrick Arvonio, et al., U.S. Dist. Ct. (35 pp.) All due process counts of inmate’s civil rights action — alleging that he was brutally beaten and subjected to a sham disciplinary proceeding — are dismissed except that which alleges that inmate was denied access to potential witnesses. [Filed Aug. 28, 1996.] 13-7-0011 John Flemming v. Northern State Prison, et al., U.S. Dist. Ct. (17 pp.) (1) All of the minimum procedural requirements were met with respect to inmate’s two disciplinary hearings and his civil rights claims are dismissed. (2) Confiscation and deprivation of inmate’s personal hygiene material, preventing him from bathing for two weeks, does not constitute cruel and unusual punishment forbidden by the Eighth Amendment. [Filed Aug. 28, 1996.] INSURANCE — DIVORCES — CHANGE OF BENEFICIARY 23-7-0012 Metropolitan Life Ins. Co. v. Donna Brose, et al., U.S. Dist. Ct. (13 pp.) In a case where ex- wife and sister of decedent each claim entitlement to decedent’s life insurance proceeds, the court finds that sister –as the designated beneficiary on a change of beneficiary form executed after the decedent’s divorce — is entitled to the proceeds. [Filed Aug. 30, 1996.] LABOR AND EMPLOYMENT — TITLE VII 25-7-0013 Elaine A. Grieco v. Marvin Runyon, Jr., Postmaster, etc., U.S. Dist. Ct. (68 pp.) Since plaintiff has failed to prove her age and gender discrimination failure to promote claims, her case is dismissed. [Filed Aug. 30, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE A consortium of plaintiffs’ attorneys fired the first volley in the state’s war against the tobacco industry: a suit against cigarette companies to recoup Medicaid money the state spent on patients suffering from tobacco-related diseases. See page 1 of the Sept. 16 Law Journal.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.