Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Vol. 4, No. 238 — December 16, 1996 STATE COURT CASES ATTORNEY/CLIENT — CONFLICT OF INTEREST 04-2-0779 Roth v. Herman, App. Div. (5 pp.) R. 1.9(a) does not absolutely prohibit an attorney from representing a new client whose interests are adverse to those of a former client, but rather prohibits the representation only if the matters are substantially related, therefore judge properly denied defendant’s motion to disqualify plaintiff’s attorney (defendant’s former attorney) because the two matters were not related at all. CIVIL PROCEDURE 07-2-0780 Mandel v. Lauredan, App. Div. (9 pp.) Default judgment should have been vacated in plaintiff/attorney’s suit for fees against her former client, since plaintiff’s counsel did not adhere to the appropriate procedures regarding defendant’s failure to provide answers to interrogatories pursuant to R. 4:23-5(a)(2). FAMILY LAW 20-2-0781 DeRosa, etc. v. DeRosa, App. Div. (5 pp.) On defendant’s application seeking to hold plaintiff in violation of litigant’s rights, where certifications were in conflict regarding parties’ attempts to sell the marital home, the motion judge should have conducted a plenary hearing and matter is remanded. FAMILY LAW — DOMESTIC VIOLENCE 20-4-0782 Sisco v. Sisco, Chancery Div. (8 pp.) Plaintiff, the adult daughter of the defendant/father, cannot maintain this domestic violence action against her father with whom she has not resided in the same household for more than fifteen years. [Approved for publication Dec. 16, 1996.] FAMILY LAW — REFERRAL FEES 20-1-0783 Ravich, Koster, et al. v. Gourvitz, Supreme Ct. (5 pp.) In this case, influenced by representations made by the parties and prior to the recent amendments of R. 1-39-6(d), forwarding of a referral fee by a certified civil trial attorney in a matrimonial action was not prohibited. GIFTS — INCOMPETENTS 58-2-0784 In the Matter of Josephine Kringle, an Incompetent, App. Div. (5 pp.) Trial judge correctly relied on In re Trott, holding that the incompetent’s guardian should be authorized to act as a reasonable and prudent person would act in the management of her own estate, and therefore, in view of the incompetent’s frail health, and the federal estate tax savings to be gained, the order authorizing guardian to make inter vivos gifts of $10,000 each to half of the presumptive residuary legatees of the incompetent is affirmed. GOVERNMENT — BIDS 21-2-0785 Hall Constr. Co., Inc. v. N.J. Sports & Exposition Auth., et al., App. Div. (13 pp.) Sports Authority’s discretion in accepting bids is invoked only after it determines that the bids in question conforms to the invitation for bids, and, since lowest bidder failed to submit a bid in one of the categories by leaving it blank, the bid was rendered non-conforming and invalid, notwithstanding that the Sports Authority later decided not to pursue construction of the omitted category. [Approved for publication Dec. 16, 1996.] MUNICIPAL LAW — POLICE — DISCIPLINE 30-2-0786 Hannigan v. Borough of Glen Ridge, App. Div. (7 pp.) Although the municipality did not follow the proper procedures in police disciplinary hearing, the judge correctly ordered a new hearing to be noticed and conducted in accordance with proper procedures instead of dismissing the case, since the procedural errors presented did not trigger the mandatory dismissal provisions of N.J.S.A. 40A:14-149. REAL ESTATE 34-2-0787 Goldstein v. East Coast Condo Tech., Inc. v. Troy Hills of Springfield Condo. Assn., Inc., App. Div. (4 pp.) Since purchaser clearly had the right to rescind purchase contract if there was evidence of termite infestation or damage, which there was, summary judgment was properly granted to purchaser in his suit for return of deposit monies. Summary judgment was also properly granted to condominium association on seller’s third party claim, since association exercised its business judgment in refusing to permit an intrusive inspection or repairs based on the reports submitted by their own experts. WORKERS’ COMPENSATION 39-1-0788 Reinhart v. E.I. DuPont de Nemours, Supreme Ct. (20 pp.) Although the admission into evidence of transcript of prior compensation matter is allowed by evidence R. 607, judge exceeded the proper scope of permissible use of the transcript by using it to buttress his conclusion that the petitioner had a tendency to be untruthful; nevertheless, since there was sufficient, credible evidence, independent of the improper evidence, to support the findings of the trial court regarding petitioner’s incredibility, the improper use does not require a reversal of the dismissal of the case. FEDERAL COURT CASES LABOR AND EMPLOYMENT 25-7-0789 Lewis v. Brown, U.S. Dist. Ct. (18 pp.) (1) Since there remains a genuine issue as to whetd to his supervisor, and since only an agency is a proper party defendant. [Filed Nov. 27, 1996.] PENSIONS — ERISA 56-7-0790 Brower v. Comark Merchandising, Inc., et al., U.S. Dist. Ct. (21 pp.) In a case dealing with the validity of a non-competition forfeiture clause in defendant’s employee benefit plan — which provided for the forfeiture or deferral of accumulated benefits should an employee leave the company and take a position with a competing company — the court holds that, as a mare not duplicitous, since, as here, an indictment may charge, within one count, two means by which the defendant has committed the same general offense; (3) there is no multiplicity problem in the money laundering portion of the indictment, since 18 U.S.C. sections 1956 and 1957 do not constitute essentially the same offense, and violations of the statutes may be charged in different counts; and (4) motions for bills of particulars are denied. [Filed Nov. 27, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … Sidetepping a 50-year-old U.S. Supreme Court doctrine that holds inconsistent verdicts unreviewable in criminal cases, New Jersey’s highest court vacates felony murder convictions because the jury didn’t convict the defendant of the predicate crime. See page 1 of the Dec. 16 Law Journal.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.