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Vol. 4, No. 161 – August 20, 1996 STATE COURT CASES FAMILY LAW 20-2-9886 Cecilia M. Kerridge v. Rodney J. Kerridge, App. Div. (6 pp.) (1) Motion judge did not abuse his discretion in denying plaintiff s request for defendant s unredacted tax returns in conjunction with plaintiff s motion to reconsider a visitation transportation escrow, since there was no need for plaintiff to review the tax returns for that particular motion. (2) Judge erred in permitting defendant, without having filed a cross-motion to plaintiff s motion to remove the children to another state, to be heard on his affirmative request for plaintiff to post a $2,000 visitation “performance bond” escrow, and, further, the escrow would serve no useful purpose in this case, and is unwarranted. INSURANCE 23-2-9887 Ida Hebert, et al. v. The Aetna Casualty and Surety Co., et al., App. Div. (9 pp.) Since insurer had paid workers’ compensation benefits to plaintiff, judge properly declared insurer’s lien — asserted pursuant to N.J.S.A. 34:15-40 — to be valid and enforceable against proceeds of civil litigation, and also correctly awarded summary judgment dismissing plaintiff’s claim for underinsurance benefits. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-9888 Hope P. Sternberg v. Bd. of Review, App. Div. (2 pp.) Since claimant conceded that she had received no notice from her employer regarding layoffs or threats of layoffs, but relied on the advice of her union representatives, and accepted early retirement in fear — not of layoff — but of demotion, transfer or increase in work load, she was properly denied unemployment benefits. NEGLIGENCE — TORT CLAIMS ACT 31-2-9889 Thomas Brooks, etc. v. Sterling High School, et al., App. Div. (5 pp.) The motion judge correctly evaluated plaintiff’s medical records and concluded that his injuries — from an assault by a fellow student on school premises — did not constitute a permanent loss of a bodily function, permanent disfigurement or dismemberment necessary to cross the Tort Claims threshold, and were also barred by the statutory monetary limitation. CRIMINAL LAW AND PROCEDURE 14-2-9890 State v. Timothy J. Strain, App. Div. (5 pp.) Since there was no probable cause to arrest defendant for trespassing at motel — a place of public accommodation — the drug evidence seized incident to that arrest should have been suppressed. FEDERAL COURT CASES CIVIL RIGHTS — APPOINTMENT OF COUNSEL 46-7-9891 Wesley Richardsen v. Robert Wilentz, et al., U.S. Dist. Ct. (4 pp.) In case where plaintiff has brought claims against defendants for the violation of his civil rights following his arrest and imprisonment for the failure to pay child support, plaintiff has shown that he is literate and is able to communicate to the court through his pleadings and motions, and, also because the issues in this case are not complex, and plaintiff has not attempted to obtain the help of a legal aid attorney, his request for appointment of counsel is denied. [Filed Aug. 12, 1996.] LABOR AND EMPLOYMENT — RIF TERMINATIONS — CLASS ACTIONS 25-7-9892 Ronald J. Kresefsky, et al. v. Panasonic Communications and Systems Co., et al., U.S. Dist. Ct. (30 pp.) (1) Because plaintiffs failed to notify defendants of their potential class claims in their EEOC charges, the court will deny plaintiffs’ request to proceed as a collective action on their age discrimination claims. (2) Since plaintiffs have failed to delineate the boundaries of their proposed class with any precision, the court is unable to evaluate the sufficiency of the required numerosity, commonality and typicality elements, and the court denies plaintiffs’ request for class certification on their race and national origin discrimination claims as well. [Filed Aug. 9, 1996.] TRANSPORTATION 49-7-9893 Suburban Transit Corp., et al. v. Twp. Council of East Brunswick, et al., U.S. Dist. Ct. (14 pp.) After an evidentiary hearing to resolve the uncertainty regarding the existence of safe bus stops near the township’s two park-and-ride facilities, the court concludes that safe bus stops do exist, as assumed in the court’s prior decision — denying plaintiff a preliminary injunction enjoining the township from awarding another bus company the exclusive right to operate interstate bus service from those facilities — and, since the existence of these bus stops was a critical factual predicate to the court’s conclusion that exclusivity did not contravene national transportation policy, the Interstate Commerce Clause, the Takings Clause, and N.J. state law, plaintiff’s motion for reconsideration is denied. [Filed Aug. 9, 1996.] —END— A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … The largest law firm in Atlantic City, Horn, Goldberg, Gorny Daniels, Plackter & Weiss, was once also one of the 20 highest- grossing firms in New Jersey. But a spate of defections and firings has left the firm with only 39 lawyers, down from its high of 69 in 1991. See page 1 of this week’s Law Journal.

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