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Vol. 4, No. 234 — December 10, 1996 STATE COURT CASES EDUCATION — TEACHER DISCIPLINE 16-2-0726 Capizola v. Bd. of Education of South Plainfield, etc., App. Div. (6 pp.) Decision to withhold special education teacher’s employment increment for school year, pursuant to N.J.S.A. 18A:29-14, is affirmed, since teacher not only showed his class an R-rated movie but was less than candid when he told the principal about the incident. MUNICIPAL LAW 30-3-0727 Isbre Holding Corp. v. City of Linden, etc., et al., Law Div. (15 pp.) Municipalities may lease airports upon such terms and conditions as may be agreed upon, pursuant to N.J.S.A. 40:8-1, et seq., and such leases are exempt from Public Bidding Laws under N.J.S.A. 40A:12-1, et seq. PHYSICIAN/PATIENT 29-2-0728 Schadt v. Delahunty, et al., App. Div. (15 pp.) The jury could reasonably have found in doctor’s favor on the issue of informed consent; evidence was sufficient to establish that doctor repeatedly raised the issue of a tubal ligation as a means of carrying out couple’s expressed intention to have no more children, and there was no indication that plaintiff did not understand the nature or permanency of the procedure when she agreed to it, even though she was in labor, therefore verdict of no cause is affirmed. 29-2-0729 Crego v. Carp, et al., App. Div. (19 pp.) In medical malpractice suit dealing with injury to plaintiff’s ankle and Achille’s tendon, (1) the charge, including the so-called “judgment” charge, was legally correct, entirely warranted and had no capacity whatsoever to confuse the jury as to the standard of care required, (2) the trial court did not err in instructing the jury regarding the duty of care owed by plaintiff’s general practitioner, since there was no evidence that he held himself out as an orthopedic specialist, and (3) the verdict was not against the weight of the evidence, therefore the trial court properly denied plaintiff’s motion for a new trial after jury verdict in doctors’ favor. [Approved for publication Dec. 10, 1996.] FEDERAL COURT CASES BANKRUPTCY 42-7-0730 Coin-Telecommunications, Inc., Debtor; RD&J Communications, Inc. v. Maggio, etc., U.S. Dist. Ct. (15 pp.) In trustee’s proceeding to avoid creditor’s alleged security interest in certain equipment, bankruptcy judge correctly denied creditor’s motion for summary judgment as to one loan, finding that none of the documents submitted evidenced the debtor’s intention to grant such an interest or generated a valid security agreement, but the judge erred in denying the motion as to a second loan — which included a security agreement — ruling that the description of the collateral was insufficient, since the UCC-1 Financing Statement in the transaction should have been considered in that regard, and was not. [Filed Nov. 21, 1996.] CONTRACTS — ENTIRE CONTROVERSY 11-7-0731 Rycoline Products, Inc., etc., et al. v. C & W Unlimited, etc., et al., U.S. Dist. Ct. (15 pp.) This case brought by a printing chemical manufacturer — alleging various claims under the Lanham Act, federal and state RICO statutes, the Consumer Fraud Act, contract and business tort claims — is barred by the entire controversy doctrine since all of the claims brought in this federal action are questions of state law, and those that are not now part of a currently pending state action were considered and rejected when raised there in the first instance. [Filed Nov. 21, 1996.] INTELLECTUAL PROPERTY — SERVICE 53-7-0732 M&R Marking Systems, Inc. v. Top Stamp, Inc., et al., U.S. Dist. Ct. (23 pp.) (1) While it is in dispute whether one defendant is an officer or a director of defendant Hong Kong companies, it is clear on the facts that he may be considered a “managing or general agent” within the meaning of the rules, and service upon him for the companies was both valid notice and actual notice of the pending matter. (2) Individual defendant may be served pursuant to the Hague Convention and Rule 4(f). (3) Since individual defendant clearly exercised control over the corporate defendants and made crucial decisions regarding the infringing conduct, the court finds that he may be individually liable for the acts of patent infringement and his motion to dismiss pursuant to Rule 12(b)(6) is denied. [Filed Nov. 20, 1996.] JURISDICTION — SERVICE 24-7-0733 Stephen Gould Paper Co., Inc., etc. v. Fabrication Enterprises, Inc., et al., U.S. Dist. Ct. (19 pp.) In a case for non-payment of invoices, fraudulent conveyance and unjust enrichment, (1) although wife accepted service on behalf of her husband at his place of business, since she is not his agent and is not expressly authorized to receive service on his behalf, service is therefore quashed, and, similarly, (2) service on corporate defendant was improper since the delivery of the summons and complaint — to the same woman — was not made upon an officer or agent authorized to receive service. (3) The court finds that jurisdiction exists over the corporate defendant, but whether jurisdiction exists over the individual defendant cannot be ascertained without further discovery. [Filed Nov. 20, 1996.] TELECOMMUNICATIONS — DEFAULT 57-7-0734 MCI Telecommunications Corp. v. Paradise Travel, U.S. Dist. Ct. (5 pp.) Defendant’s motion to vacate the default judgment is denied, since the court finds that service was proper, and the personal problems being experienced by defendant’s owner do not excuse defendant’s inaction in responding to the complaint. [Filed Nov. 21, 1996.] Copyright 1996 by American Lawyer Media, L.P. A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … Two Republican assemblymen sponsor a measure that would eliminate affirmative action on the state level. Gov. Christine Todd Whitman says she does not support the bill, which is modeled after California’s Proposition 209. See page 4 of the Dec. 9 Law Journal.

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