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Vol. 4, No. 242 — December 20, 1996 NEXT WEEK IN THE … New Jersey’s system of appointing county prosecutors is supposed to be a model of meritocracy. But in the past six years, there have been numerous instances of abuse of power by county prosecutors. And now the Legislature is considering a bill to curb the prosecutors’ authority. See page 1 of the Dec. 23 issue. STATE COURT CASES FAMILY LAW 20-2-0846 DeLuca v. DeLuca, App. Div. (5 pp.) Since motion judge court did not have proof before him to determine the appropriateness of plaintiff’s unreimbursed medical expense claim, he improvidently entered order requiring defendant to pay his share of those expenses. Order to reimburse for car expenses is also reversed as inconsistent with the settlement agreement. HEALTH 22-2-0847 Dornfeld, et al. v. Blue Cross-Blue Shield of N.J., Inc., et al., App. Div. (12 pp.) Judge erred in granting an interlocutory injunction enjoining BCBS from terminating plaintiffs — participating dentists — without cause, since plaintiffs failed to establish the mandatory requirements for an injunction, especially failing to show irreparable harm or a likelihood of success on the merits. Open participation of dentists is not required by the Health Service Corporation Act, and termination without cause is permissible. INSURANCE — HOMEOWNERS 23-2-0847 Prudential Property & Casualty Ins. Co., et al. v. Finley, et al., App. Div. (3 pp.) Based upon the terms of homeowner’s policy, the trial judge correctly concluded that the policy’s personal liability and medical payments coverage did not apply to bodily injury suffered by man who was attacked by insured, since the acts were intentional. INSURANCE — UIM COVERAGE 23-2-0848 Aetna Casualty & Surety Co. v. Prudential Property and Casualty Ins. Co. of N.J., et al., App. Div. (9 pp.) Where driver of vehicle was not employed by company which owned the vehicle, but had borrowed the vehicle from a friend (who was employed by the owner) to run an errand for the friend, the driver had no expectation that he would be covered by the owner’s policy, and is not entitled to UIM benefits from the employer/owner’s policy. [Approved for publication Dec. 20, 1996.] INSURANCE — VERBAL THRESHOLD 23-2-0849 Jefferson v. Freeman, et al., App. Div. (16 pp.) In a case dealing with a Type 9 injury, judge erred in charging jury that plaintiff needed to prove a long term, permanent deleterious effect on her lifestyle, since the serious impact need only last for 90 days, and the judge also erred in focusing the jury’s attention on the length of time the plaintiff was out of work, since equal attention should have been paid to all of plaintiff’s usual and customary daily activities. [Approved for publication Dec. 20, 1996.] LABOR AND EMPLOYMENT 25-2-0850 Soffel v. Sandoz Pharmaceutical Corp., et al., App. Div. (13 pp.) Where employment agreement signed by the plaintiff and the “employment at will” caveat or disclaimer in the policy manual clearly and prominently demonstrated the employer’s intentions on hiring, the defendant was entitled to judgment as a matter of law on plaintiff’s wrongful discharge claim. CRIMINAL LAW AND PROCEDURE 14-2-0851 State v. Bowman, App. Div. (10 pp.) Had state’s principal investigating officer merely mentioned in testimony that defendant was the person he had “received information” about, admission of his testimony might not have constituted error, however, where he also suggested that a judge had reviewed the search warrant application and found “probable cause” to issue the warrant based on the reports of the defendant’s criminal activity, the admission of the testimony warrants reversal in the absence of a curative instruction. FEDERAL COURT CASES CRIMINAL LAW AND PROCEDURE — SENTENCING — DOWNWARD DEPARTURES 14-7-0852 U.S. v. Juliano, et al., U.S. Dist. Ct. (36 pp.) Where language of plea agreements was straightforward, and specifically cautioned defendants that even if they made every effort to be completely cooperative with the government, the government was not obligated to move for a downward departure, the defense motion for specific performance of the downward departure aspect of the plea agreements is denied, since the government, after a careful assessment of the assistance offered by the defense, was within its discretion to find that no information had been contributed which would advance the government’s criminal investigation. [Filed Nov. 22, 1996.][For publication.] CRIMINAL LAW AND PROCEDURE — TAXATION — LIMITATIONS 14-7-0853 U.S.A. v. Gollapudi, U.S. Dist. Ct. (12 pp.) The court finds that prosecution for violations of 26 U.S.C. Sec. 7202 — failure to collect, account for, and pay over federal income taxes and FICA taxes — must be commenced within six years under 26 U.S.C. Sec. 6531(4), and therefore denies the defendant’s motion seeking to dismiss certain counts as time-barred. [Filed Oct. 15, 1996.] CRIMINAL LAW AND PROCEDURE — TAXATION 14-7-0854 U.S.A. v. Gollapudi, U.S. Dist. Ct. (24 pp.) Court finds defendant guilty beyond a reasonable doubt of willful failure to collect or truthfully account for and pay over federal withholding taxes and FICA taxes, and for willfully making and subscribing false personal income tax returns. [Filed Nov. 26, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … Do the Federal Sentencing Guidelines permit judges to give shorter sentences to defendants detained in squalid jail conditions before their conviction? And if the judges can do it, should they? The issue has provoked a split between federal judges in New Jersey: one answers yes, the other no. See page 1 of the Dec.23 Law Journal.

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