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Vol. 4, No. 231 — December 5, 1996 STATE COURT CASES FAMILY LAW — CIVIL PROCEDURE 20-2-0700 Na’im v. Johnson, App. Div. (4 pp.) The judge did not err in denying plaintiff a plenary hearing with respect to his application for enforcement of visitation, since plaintiff, although acting pro se, still must abide by the court rules, and did not prove that he had served his motion upon the defendant so that issue was joined; the court was correct in refusing to proceed until such compliance was shown. FAMILY LAW — U.R.E.S.A. 20-2-0701 Ferraro v. Ferraro, App. Div. (16 pp.) I. On the parties’ cross-motions, the court determines that the N.J. judge had the authority on remand to modify Florida orders subject to the following restrictions: (1) pursuant to N.J.S.A. 2A:4-30.31, Florida law must be applied to any support award between the time the Florida court entered its first support order and the time the husband returned to N.J., and (2) pursuant to N.J.S.A. 2A:17-56.23a, the child support orders in place under Florida law cannot now be retroactively modified. II. Judge correctly held that husband had unclean hands — since he failed to make an effort to comply with any of the financial obligations imposed upon him by the divorce judgment — and could not prevail on his equitable defense of laches. INSURANCE 23-2-0702 Stewart, et al. v. Rutgers Casualty Ins. Co., App. Div. (6 pp.) Summary judgment was properly entered in favor of insurer in a “bad faith” action under the “law of the case” doctrine, since the court had made a previous finding that the facts did not support a Rova Farms bad faith claim, and the subsequent remand of the matter did not develop any new facts or information. PHYSICIAN/PATIENT 29-2-0703 Peterson v. Skolnick, M.D., et al., App. Div. (3 pp.) Because plaintiffs assert that they did not receive the defense motion for summary judgment, and the defense did not submit any proof of service, the plaintiffs have shown grounds for relief under R. 1:5-3, and the court vacates dismissal of the medical malpractice action, however, plaintiff must supply an expert’s report within 90 days or defendants may move for relief. PRODUCT LIABILITY 32-2-0704 Preston v. Inco Alloys, Intl., Inc., etc., et al., App. Div. (8 pp.) Trial judge correctly dismissed plaintiff’s lawsuit as time-barred, concluding that plaintiff knew of his injuries and a possible causal connection to his workplace exposure to metallic dust long before he left the workplace, two years before filing the complaint. PUBLIC EMPLOYEES 33-2-0705 I/M/O City of Newark, et al., App. Div. (6 pp.) The Public Employment Relations Commission’s decision that City’s challenged practice — continuing to grant paid release time to three PBA officials who were employees in a negotiations unit representing by the Fraternal Order of Police — violated the principle of exclusive representation, is affirmed since matters involved were of singular significance committed to the expertise of the Commission, and the decision was in no way arbitrary, capricious, unreasonable or at variance with the terms of the N.J. Employer-Employee Relations Act. WORKERS’ COMPENSATION 39-2-0706 Kane v. City of Jersey City, App. Div. (12 pp.) Since petitioner failed to show that the conditions surrounding his work environment as a police officer were peculiar to his employment, and failed to demonstrate with objective medical evidence that his ailment is related to exposure to the environment as the result of his employment, the judge’s award of forty-five percent permanent partial disability for pulmonary disease is reversed. WORKERS’ COMPENSATION — TEACHERS — TEMPORARY DISABILITY BENEFITS 39-2-0707 Outland v. Monmouth-Ocean Education Service Commission, App. Div. (10 pp.) A teacher who is temporarily disabled as a result of an injury arising out of and in the course of her employment, who has received her full annual salary and whose duties have ended with the close of the school year, is not entitled to additional temporary disability benefits for the summer recess period. [Approved for publication Dec. 5, 1996.] CRIMINAL LAW AND PROCEDURE — REASONABLE DOUBT 14-1-0708 State v. Medina; State v. Farmer, Supreme Ct. (25 pp.) Although portions of the trial courts’ instructions that attempted to define the term “reasonable doubt” constituted error, the charge did not so infect the instruction as to lower the State’s burden of proof or to violate due process. Trial courts are directed, however, not to repeat the offending clauses in the future, and to adopt the definition of “reasonable doubt” set forth in this opinion. FEDERAL COURT CASE PRODUCT LIABILITY — PREEMPTION 32-7-0709 Ceide v. Huntington Laboratories, Inc., U.S. Dist. Ct. (16 pp.) In ad upon the labeling of the product, and (4) defendant is entitled to summary judgment on the breach of express warranty claim, since there simply was no affirmation of fact or promise as to the product’s safety. [Filed Nov. 19, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … Barbara Bissell, widow of former Somerset County Prosecutor Nicholas Bissell Jr., is sentenced to 27 months for 13 fraud convictions. See page 1 of the Dec. 9 Law Journal.

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