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Vol. 4, No. 168 — August 29, 1996 STATE COURT CASES AUTOMOBILES — INTERSECTIONS 5-2-9934 Inez R. Rosamilia v. David R. Diederich, App. Div. (8 pp. ) Where the facts showed that defendant entered the intersection after stopping at the stop sign and prior to the plaintiff, plaintiff had an obligation to use reasonable care, and any error in instructing the jury regarding both 39:4-90 and 39:4- 144 did not produce an unjust result. FEDERAL COURT CASES EVIDENCE — PRIVILEGE 19-7-9935 Juan Torres, et al. v. W. Kuzniasz, et al., U.S. Dist. Ct. (29 pp.) Police department’s claims of executive and self-critical analysis privileges to avoid producing documents to civil rights plaintiffs are governed by federal common law, and the claims must be specific and based on individualized review of the specific documents by the head of agency in order to provide the court with the information necessary to make a reasoned assessment; production ordered pursuant to protective order. [Filed Aug. 20, 1996][For publication]. LABOR AND EMPLOYMENT–TORTS — WORKERS’ COMPENSATION 25-8-9936 Elaine J. Subbe-Hirt v. Robert Baccigalupi, et al., Third Cir. (23 pp.) Where manager berated and taunted employee and referred to the need to “trim her bush,” the verbal treatment shows a deliberate intent to injure, removing the conduct from the Workers Compensation statute, and was sufficiently outrageous to support a claim for intentional infliction of emotional distress. [Filed Aug. 28, 1996]. LABOR AND EMPLOYMENT — ERISA 25-8-9937 Glaziers and Glassworkers Union Local No. 252 Annuity Fund, et al. v. Newbridge Securities, Inc., et al., Third Cir. (40 pp.) 1. The liability of an unnamed ERISA fiduciary is generally limited to the functions it performs, but where it has information that its former employee’s personal integrity was suspect and fails to disclose that knowledge to the Fund when it knows the Fund intends to place assets under that person’s custody in a new firm, a factfinder can determine the fiduciary has breached its section 404(a) duty. 2. Any duty to disclose under ERISA continued after the employee was terminated by the fiduciary. 3. A broker-dealer that is not an ERISA fiduciary may still have a state law imposed duty that does not “relate to,” but only “affects and involves” an ERISA plan. [Filed Aug. 28, 1996]. BANKRUPTCY — CIVIL PROCEDURE 42-7-9938 In re: John Anthony William, U.S. Dist. Ct. (7 pp.) Debtor’s four-month delay in seeking review of the district court’s order dismissing his appeal for lack of a designation of contents of record or statement of issues pursuant to Rules 8006 or Local Rule 13, is untimely under Rule 60 (b). A Daily Reporter of New Jersey Court Decisions NEXT WEEK IN THE A transcendent question hangs over the New Jersey Supreme Court term that opens next week: Will a Court known nationally for its liberal consensus migrate to the right under new Republican Chief Justice Deborah Poritz? See page 1 of the Sept. 2 Law Journal.

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