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Vol. 4, No. 179 — SEPTEMBER 16, 1996 STATE COURT CASES CONTRACTS 11-2-0014 Wyble Advertising t/a Henry Communications v. The Farmers and Merchants Natl. Bank of Bridgeton, App. Div. (6 pp.) Neither the contract nor a subsequent telefaxed letter placed defendant on notice that it shared responsibility with printer plaintiff for errors in financial report solely attributable to proof reading, and summary judgment was properly entered in defendant s favor on printer s suit for cost of reprinting part of the financial report. INSURANCE — P.I.P. 23-2-0015 Jacqueline Hamlet v. N.J. Mfrs. Ins. Co., App. Div. (5 pp.) Plaintiff was required to institute her PIP action against defendant within two years of her first unreimbursed treatment, or the date of the last payment of benefits, and, inasmuch as she failed to do so within two years of either date, her PIP claim is time-barred, notwithstanding that it was filed within four years of the date of the accident. INSURANCE — VERBAL THRESHOLD 23-2-0016 Lisa Stackhouse, et al. v. Louise Talley, et al., App. Div. (5 pp.) Summary judgment for the defense is reversed, since the judge impermissibly engaged in fact-finding, and any issues of credibility or weight to the evidence were for the jury to decide; the various certifications on file, considered in light of the medical reports, were sufficient to create a genuine issue of fact as to whether plaintiff s injuries allegedly sustained had a serious impact upon her life. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-0017 Stephen Jacob Dreyer v. State of N.J., Dept. Of Labor, Bd. of Review, App. Div. (4 pp.) Although medical transport driver believed that employer had promised him a raise to $8.50 per hour upon his qualifying to drive routes which required a commercial driver s license, which employer disputed, instead offering him $8.25 per hour, the driver did not demonstrate good cause for leaving his employment over the $.25 per hour difference in salary, and was properly denied unemployment benefits. FEDERAL COURT CASES INTELLECTUAL PROPERTY 53-7-0018 Genovese Drug Stores, Inc. v. TGC Stores, Inc., U.S. Dist. Ct. (22 pp.) Plaintiff s application for a preliminary injunction is denied inasmuch as it has failed to meet its burden of showing a likelihood of success on the merits of its claim that defendant – - a home health care products company which named its stores “takegoodcare — has infringed on plaintiff s registered trademark is “We ll take good care of you.” [Filed Sept. 5, 1996.][For publication.] PRODUCT LIABILITY — EVIDENCE — GOLF CARTS 32-7-0019 Edward Babilot, et al. v. Textron, Inc., U.S. Dist. Ct. (9 pp.) In case involving personal injuries suffered by golf course employee when he fell from a golf cart, inter alia, (1) proffered survey of golf accidents has the requisite probative force and reliability to support plaintiff’s expert’s opinion, and any perceived inaccuracies may be exposed through opposing testimony and cross-examination, therefore the defendant’s motion to bar the use of the survey is denied, and (2) the fact that defendant had received plaintiff’s medical expert’s narrative report a few weeks late is not sufficient to cause undue prejudice in light of the many detailed reports defendant had previously received, therefore defendant’s motion to bar the use of this evidence is denied. [Filed Sept. 4, 1996.] CRIMINAL LAW AND PROCEDURE — PAROLE 14-8-0020 Kevin Fowler v. U.S. Parole Commission, Third Cir. (19 pp.) Although the United States Parole Commission has jurisdiction over petitioner under 21 U.S.C. 841 following revocation of petitioner’s special parole term, the non-incarcerative sanction that it can impose is not special parole, but traditional parole, and, to the extent that the Parole Commission’s regulations at 28 C.F.R. Sections 2.52(b) and 2.57 allow a contrary result, the court holds that they are inconsistent with Section 841(c), vacates the judgment of the District Court denying petitioner’s request for habeas corpus relief, and remands for further proceedings. [Filed Sept. 4, 1996.] CRIMINAL LAW AND PROCEDURE — SENTENCING GUIDELINES 14-7-0021 U.S.A. v. James Lisk, U.S. Dist. Ct. (17 pp.) In a case illustrating the type of situation not contemplated by the U.S. Sentencing Commission, for which the provision was enacted allowing departures from the sentencing guidelines, inter alia, (1) the court is not satisfied that the defendant’s alleged theft of traveler’s checks at Newark Airport is relevant conduct for the purpose of defendant’s sentence for mail fraud, and that an upward departure would be inappropriate, (2) defendant’s scheme of feigning a debilitating injury, spending months in the hospital and subjecting himself to invasive medical treatment for the purpose of avoiding prosecution for the theft, all for which he fraudulently received monies from numerous victims, all warrant an upward departure of three levels, and (3) because of defendant’s role as the mastermind of the mail fraud scheme, an upward departure of two levels is ordered. [Filed Sept. 5, 1996.][For publication.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE The New Jersey Supreme Court, which has been devout about adhering to strict ethical standards for attorneys, seems likely to reject efforts to create a cause of action for clients hurt by their attorneys’ ethical violations. See page 1 of the Sept. 16 Law Journal.

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