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Vol. 4, No. 218 — November 14, 1996 STATE COURT CASES EDUCATION — TENURE — ARBITRATION 16-2-0527 Union Cy. College v. Union Cy. College Chapter of the American Assn. of University Professors, App. Div. (12 pp.) The trial judge correctly vacated arbitrator’s award (holding that teacher had been improperly denied tenure), since the arbitrator acted beyond the scope of the bargaining agreement by considering the tenure determination based upon very distinct reappointment criteria. [Approved for publication Nov. 14, 1996.] FAMILY LAW 20-2-0528 Cauwenberghs v. Cauwenberghs, App. Div. (7 pp.) Motion judge erred in granting — without holding a plenary hearing — defendant’s motion to enforce litigant’s rights seeking child support arrearages, and denying plaintiff’s cross-motion to terminate child support and modify joint custody. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-0529 Roberson v. Bd. of Review, App. Div. (2 pp.) Because claimant’s need for residential drug and alcohol rehabilitation was not connected to his employment, he was properly denied unemployment benefits when he resigned his job to enter such rehabilitation after his request for a leave of absence was denied. 25-2-0530 Thomas v. Bd. of Review, App. Div. (4 pp.) Where plaintiff left her job after she received a lateral reassignment which resulted in her working with another employee who she felt was verbally abusive and frequently used vulgar language, she was properly denied unemployment benefits since animosity between coworkers does not constitute good cause for leaving work. NEGLIGENCE — CASINOS 31-2-0531 Martino v. Bally’s Park Place Casino, App. Div. (2 pp.) Where plaintiff’s proofs established that she had no idea why she fell on casino dance floor, summary judgment was properly granted to casino. PRODUCT LIABILITY 32-3-0532 Canty, etc., et al. v. Ever-Last Supply Co., et al., Law Div. (27 pp.) In a wrongful death and personal injury action — arising from injuries which occurred when vapors from lacquer floor sealant which plaintiffs had applied to a hardwood floor suddenly burst into flames — the court concludes that plaintiffs’ defective warning claims are preempted by the Federal Hazardous Substances Act, and since defendants’ lacquer seal product complies with all FHSA labeling requirements, plaintiffs’ action must be dismissed. [Approved for publication Nov. 12, 1996.] 32-2-0533 Maysonet v. Natl. Machine Co., et al., App. Div. (5 pp.) In a design defect and failure to warn case, no cause verdict in favor of manufacturer of hot forging machine is affirmed, inter alia, because the plaintiff was fully aware of the dangers of making adjustments to the machine before turning it off, and the absence of a warning could fairly have been deemed by the fact finders not to have contributed to causation of the injury. PUBLIC EMPLOYEES 33-2-0534 Zanghi v. Middleton Twp. Committee, etc., App. Div. (4 pp.) Municipal employee was properly denied health care benefits at the township’s expense upon her retirement, since she did not meet either category for such benefits under the township’s collective bargaining agreement, consistent with section 23 (N.J.S.A. 40A:10-23) as it read when the CBA was enacted, and there was no ordinance or resolution amending the CBA or otherwise expanding the class of retirees eligible for such benefits as authorized in section 23 as amended. UTILITIES — ETHICS — CONFLICTS OF INTEREST 37-2-0535 Executive Commission on Ethical Standards v. Edward H. Salmon, App. Div. (27 pp.) (1) Plaintiff’s findings that defendant, a commissioner of the Board of Public Utilities, violated BPU ethics by failing to follow up on the billing and payment of dinners which he attended, creating the appearance of impropriety because the dinners were actually paid for by utilities regulated by the BPU, are supported by the record and affirmed. (2) Defendant’s mere allowance of a utility representative to assist in arranging for use of certain basketball courts by the commissioners did not create a justifiable impression or suspicion of a breach of public trust, nor did the use of the courts constitute gifts made personally to the defendant, and, since the defendant did not have knowledge that the donations and payments for use of the courts were made by a regulated utility, plaintiff’s finding of an ethics violation on this count is reversed. (3) Defendant’s conduct did not constitute willful and continuous disregard of the provisions of the conflicts of interest law and the BPU code of ethics conduct. [Approved for publication Nov. 13, 1996.] FEDERAL COURT CASES IMMIGRATION 51-8-0536 Aladetohun O. Bamidele v. I.N.S., Third Cir. (15 pp.) Because there is no reason to adjust plaintiff’s permanent resident status other than the sham marriage which enabled him to obtain permanent resident status under Sec. 246(a), and because adjustment under that section is now time-barred, the plaintiff’s permanent resident status cannot presently be rescinded and the decision of the district court to deport him — on the sole grounds of his misconduct in obtaining his adjustment of status — is reversed. [Filed Nov. 1, 1996.] INSURANCE 23-7-0537 Booker, etc. v. Blackburn, et al. v. Kirke-Van Orsdel, Inc., U.S. Dist. Ct. (21 pp.) A Praecipe to Issue Writ of Summons is a “claim” or a “circumstance which may result in a ‘claim’ within the meaning of the 1994 policy” and, since that is so, the defendant’s failure to include any reference to the praecipe in the application for the 1994 policy amounts to a material misrepresentation entitling the plaintiff to rescind the policy. [Filed Nov. 1, 1996.][For publication.] JURISDICTION — SERVICE OF PROCESS 24-8-0538 Ayres v. Jacobs & Crumplar, P.A., et al., Third Cir. (13 pp.) Plaintiff’s service of process on defendants is deficient due to plaintiff’s failure to obtain the Clerk’s signature on the summonses and to have the seal of the court affixed, and the service was also defective since the office manager of the law firm defendant did not have authority to accept service on behalf of the defendants. [Filed Nov. 1, 1996.] LABOR AND EMPLOYMENT — ARBITRATION 25-8-0539 Matteson, et al. v. Ryder System, Inc., et al., Third Cir. (24 pp.) Because the intent of the parties — truck drivers and truck company — was clearly to arbitrate only the increase in toll schedules, the Joint Committee exceeded its authority as arbitrator by deciding other issues not submitted to it, and the court reverses the order of the district court and remands the case with instructions to vacate the entire arbitration award. [Filed Oct. 28, 1996.] CRIMINAL LAW AND PROCEDURE — SENTENCING 14-7-0540 U.S.A. v. Artim, U.S. Dist. Ct. (19 pp.) The court denies defendant’s motion for a downward departure in sentencing, finding that neither his mental and emotional conditions, nor his family and community ties and responsibilities rise to the level justifying such a departure. [Filed Nov. 1, 1996.][For publication.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … New Jersey’s lawyer disciplinary authorities are about to tackle the first pure “runners” case in memory, one that lawyers familiar with the case say “will put the Bar on notice” that the practice of using lay ambulance chasers to get business will not be tolerated. See page 1 of the Nov. 18 Law Journal.

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