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Vol. 4 No. 136 – JULY 17, 1996 STATE COURT CASES FAMILY LAW 20-2-9617 Lois Livelli v. Salvatore Livelli, App. Div. (3 pp.) Judge improvidently terminated alimony hearing after the first witness, and erred in refusing wife retroactive alimony. 20-2-9618 Lisa McTaggart v. Francis McTaggart, App. Div. (3 pp.) Trial judge correctly found that defendant had not made out a change of circumstances justifying reduction in support because defendant s reduction in income was temporary and voluntarily incurred. 20-2-9619 Helayne Sotnikoff v. Jan Sotnikoff, App. Div. (4 pp.) The trial court erred in determining that plaintiff s cohabitation with another man was sufficient by itself to justify termination of alimony, without any consideration of the impact of that cohabitation upon plaintiff s financial circumstances. INSURANCE — VERBAL THRESHOLD 23-2-9620 Steve A. Jones v. Gretchen E. Maenner, et al., App. Div. (5 pp.) Although plaintiff s initial X-ray showed evidence of spasm, since there was no similar objective indication of a serious medical injury detected thereafter — other than a mention of tenderness — plaintiff s case was properly dismissed. LABOR AND EMPLOYMENT 25-2-9621 Wanda Pawlikowski v. Penn Fed. Sav. and Loan Ass’n, App. Div. (21 pp.) (1) Court did not err in holding that defendant s employment manual constituted an implied employment contract as a matter of law. (2) Although plaintiff concededly violated bank policy, there was sufficient evidence to support jury s finding that bank breached the covenant of good faith and fair dealing implied in all employment contracts when it discharged her. (3) Plaintiff was not afforded a full and fair opportunity to be heard on the age discrimination issue before the state Division of Civil Rights, and her claim was improperly dismissed. LAND USE 26-2-9622 Tonnelle Ave. Books & Videos Inc. v. Twp. of North Bergen, et al., App. Div. (9 pp.) Without evidence showing that plaintiff s application for a variance for a retail use — the sale of pornographic videos and books — was the only one denied, it was error for the judge to determine that the zoning law was applied in a discriminatory fashion because of the nature of plaintiff s business. TORTS — MALICIOUS PROSECUTION 36-2-9623 Virginia Brammer v. Linda L. Lawhun, Esq., App. Div. (4 pp.) Since the record contains no evidence from which a jury could find that defendant attorney made any deliberate misrepresentations or took any other action to induce the court to issue an arrest warrant for subpoenaed witness s failure to appear at trial, malicious prosecution claim was properly dismissed. CRIMINAL LAW AND PROCEDURE Now on Counsel Connect 14-1-9624 State v. Aurelio Chenique-Puey, Supreme Ct. (14 pp.) The trial court erred by denying defendant s motion to sever his indictment for contempt of a domestic violence restraining order from that of his indictment for terroristic threats to kill, since evidence of the restraining order obtained by the victim against defendant unduly prejudiced his trial on terroristic threats. FEDERAL COURT CASES CIVIL PROCEDURE — ABSTENTION 7-7-9625 Ssangyong (U.S.A.) Inc. v. Innovation Group Ltd., U.S. Dist. Ct. (8 pp.) Federal diversity suit brought by lender is administratively terminated under Colorado River abstention doctrine where all parties already had been sued in Texas state court. CIVIL PROCEDURE — RICO 07-7-9626 Northland Ins. Co. v. Shell Oil Co., et al., U.S. Dist. Ct. (18 pp.) RICO Case Statement is a valid case management tool pursuant to Local Rule 15.B.6 and FRCP 12(e) & 16 [Filed July 12, 1996.][For publication.] CONSTITUTIONAL LAW — CIVIL RIGHTS 10-7-9627 John Karolis v. N.J. Dep’t of Corrections, et al., U.S. Dist. Ct. (21 pp.) Neither the First Amendment nor the Religious Freedom Restoration Act prevents prison officials from administering the Mantoux tuberculosis test, a subcutaneous injection, because preventing TB’s spread is a compelling state interest that cannot be met by less restrictive means. [Filed July 15, 1996.] ENVIRONMENT — COMMERCE CLAUSE 17-7-9628 Atl. Coast Demolition & Recycling Inc., et al. v. Bd. of Chosen Freeholders of Atl. County, et al., U.S. Dist. Ct. (52 pp.) Because governmental entities failed to meet their burden of demonstrating that the local purpose behind flow control could not be served as well by available nondiscriminatory means, a permanent injunction is issued against New Jersey’s waste flow regulations, but the effective date is stayed for two years to permit governmental entities to review the injunction’s impact and develop alternative arrangements for New Jersey solid waste management. [Filed July 15, 1996.] Now on Counsel Connect Opinion approved for publication: 25-2-9584 Deborah Scorese Peterson v. Wayne Ballard, etc., et al.

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