DYFS v. I.H.C. and D.C. A-2208-09T

DYFS v. I.H.C. and D.C.

A-2208-09T4 08-05-10

In this abuse or neglect case, we hold that N.J.R.E. 404(b)

did not bar consideration of the father's acts of domestic

violence against his ex-wife and the children of that marriage

about seven years earlier to prove risk of harm to the children

of this marriage. We also hold that domestic violence that

presents risk to children in an abuse or neglect case can be

broader than the meaning of that term under the Prevention of

Domestic Violence Act. As testified by the experts, the

father's coercive control of the mother, together with both

parents' denial of and failure to treat their psychological

conditions, posed a risk of harm to the children. In reaching

these holdings, we address and distinguish DYFS v. H.B., 375

N.J. Super. 148 (App. Div. 2005), and DYFS v. S.S., 372 N.J.

Super. 13 (App. Div. 2004), certif. denied, 182 N.J. 426 (2005).

JEFFREY LIPKOWITZ, M.D., ET AL. V. HAMILTON SURGERY CENTER, LLC, ET AL. A-4489-08T1

JEFFREY LIPKOWITZ, M.D., ET AL. V. HAMILTON SURGERY

CENTER, LLC, ET AL.

A-4489-08T1 08-04-10

In this appeal we construe the term "financial detriment"

as found in the New Jersey Uniform Securities Law (USL),

N.J.S.A. 49:3-47 to -76, which requires that claimants prove

that they suffered a "financial detriment." N.J.S.A. 49:3-71

(b)(1). We hold that the USL indicates a legislative intent to

place investors in the same position they were in before making

the investments, not a preference of giving them the benefit of

their bargains.

PARIS WILSON, ET AL. V. CITY OF JERSEY CITY, ET AL. A-4044-08T2

PARIS WILSON, ET AL. V. CITY OF JERSEY CITY, ET AL.

A-4044-08T2 08-04-10

Plaintiffs are the victims of a brutal assault that

occurred in their Jersey City home. They seek remedies from

certain public employees and employers for several putative

failures to rescue in a timely fashion. In particular,

plaintiffs allege that negligence by 9-1-1 call takers, a

dispatcher, and police officers resulted in death and serious

injury that could have been avoided. The governmental agents

and agencies claim immunity pursuant to the Tort Claims Act and

N.J.S.A. 52:17C-10(e).

We affirm in part and reverse in part the Law Division,

which had found immunity in favor of the public employees and

entities. We reject the argument that N.J.S.A. 52:17C-10(e)

provides blanket immunity for 9-1-1 call takers and others

connected with public safety answering points.

MMU OF NEW YORK, INC., As Assignee of 200 OCEAN BOULEVARD ASSOCS., L.P. V. GRIESER A-2484-08T3

MMU OF NEW YORK, INC., As Assignee of 200 OCEAN

BOULEVARD ASSOCS., L.P. V. GRIESER

A-2484-08T3 08-04-10

A court has inherent equitable authority, even in the

absence of express statutory authorization, to allow a credit to

a judgment debtor for the fair market value of the debtor's

property that is executed upon and then purchased by a judgment

creditor at a sheriff's sale for a nominal amount.

SHANA FAITH MASSACHI, as Administratrix and Administratrix Ad Prosequendum of the Estate of Sohayla Massachi, deceased v. CITY OF NEWARK

SHANA FAITH MASSACHI, as Administratrix and

Administratrix Ad Prosequendum of the Estate of

Sohayla Massachi, deceased v. CITY OF NEWARK POLICE

DEPARTMENT

A-5252-07T1

08-04-10

We decide a question left unresolved in our prior opinion

in this case, Massachi v. AHL Services, Inc., 396 N.J. Super.

486, 508 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008),

and now decide that N.J.S.A. 52:17C-10, commonly known

as the 9-1-1 immunity statute, does not provide immunity to a

public entity's emergency communications center for its

employees' bungled response to a call for emergency police

assistance. Their negligent mishandling of the call, and

failure to properly dispatch police, contributed to the murder

of a young woman by her former boyfriend.

TOM JUZWIAK V. JOHN/JANE DOE A-2302-09T2

TOM JUZWIAK V. JOHN/JANE DOE

A-2302-09T2

08-03-10

Plaintiff sued for intentional infliction of emotional

distress and harassment following the receipt of three e-mails

and served a subpoena on Yahoo! to learn the true identity of

the author. "John Doe" moved to quash the subpoena. We

reversed the trial court's order denying "John Doe's" motion.

NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS v. BRET SCHUNDLER, Commissioner of Education of the State of New Jersey A-2101-08T2

NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS v.

BRET SCHUNDLER, Commissioner of Education of the State

of New Jersey

A-2101-08T2 08-03-10

Plaintiffs challenge regulations adopted by the

Commissioner of Education in 2008 entitled "Fiscal

Accountability, Efficiency and Budgeting Procedures," N.J.A.C.

6A:23A-1.2 to -22.15. We reject the argument that the

regulations are an impermissible taking, unconstitutionally

vague, a violation of equal protection and ultra vires. We

agree, however, as opposed to N.J. Ass'n v. Davy, 409 N.J.

Super. 467 (App. Div. 2009), that certain of the regulations

violate the tenure statute, N.J.S.A. 18A:28-5, and are thus

invalid.

Judge Grall concurs in part and dissents in part.