SEAN WOOD, L.L.C. VS. HEGARTY GROUP, INC., ET AL. A-1134-09T2

SEAN WOOD, L.L.C. VS. HEGARTY GROUP, INC., ET AL.

A-1134-09T2 04-12-11

In a Special Civil Part action, Sean Wood, L.L.C., sought

payment in the amount of $14,583.25 from the Hegarty Group, Inc.

and Kenneth Hegarty, individually, that it alleged was owed on

two contracts for rigging out, loading and delivering industrial

machinery and tanks to two of the Hegarty Group's customers.

The Hegarty Group counterclaimed, alleging lost profits as the

result of a breach of contract by Wood, resulting in the Hegarty

Group's inability to completely satisfy a purchase order by its

customer, Perry Videx Company.

CHASE BANK USA, N.A. VS. JENNIFER STAFFENBERG A-4488-09T3

CHASE BANK USA, N.A. VS. JENNIFER STAFFENBERG

A-4488-09T3 04-11-11

Credit card companies and banks are entitled to recover

statutory counsel fees from a debtor in the Special Civil Part,

pursuant to N.J.S.A. 22A:2-42, in the amount of five percent of

the first $500 recovered and two percent of the excess above

$500, even where they utilize the services of in-house attorneys

in procuring the judgment. The prohibitions in the Retail

Installment Sales Act of 1960, N.J.S.A. 17:16C-42(d), and in the

Market Rate Consumer Loan Act of 1996, N.J.S.A. 17:3B-40, on the

recovery of contract-based attorney's fees where in-house

counsel and salaried employees are utilized do not expressly or

impliedly repeal or nullify a plaintiff's entitlement to the

modest fees awarded in the Special Civil Part as taxed costs

under N.J.S.A. 22A:2-42.

MARY HYLAND VS. TOWNSHIP OF LEBANON A-4139-09T2

This dispute over the Township's decision to eliminate

further payments of the tax collector's vacation, sick and leave

days was not a matter within the exclusive jurisdiction of the

Public Employee Relations Commission; and the elimination of

further payments for the tax collector's vacation, sick and

leave time violated N.J.S.A. 40A:9-165 because it reduced the

amount of "salary" the Township had previously agreed to pay the

tax collector. 04-07-11

NUTLEY POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL # 33, ET AL. VS. TOWNSHIP OF NUTLEY, ET AL. A-3730-09T2

NUTLEY POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL # 33,

ET AL. VS. TOWNSHIP OF NUTLEY, ET AL.

A-3730-09T2

The Fair Labor Standards Act, 29 U.S.C.S. §§ 201-219,

requires a public employer to allow an employee awarded

compensatory time off in lieu of overtime pay "to use such time

within a reasonable period after making [a] request if the use

of the compensatory time does not unduly disrupt the operations

of the public agency." 29 U.S.C.S. § 207(o)(5). This appeal

required us to consider whether an employer who denies

permission to use compensatory time on the date requested but

permits use within the "reasonable period" defined in its

agreement with its employees must also show that a grant would

"unduly disrupt" operations. 29 C.F.R. § 553.25(c)(2), (d). We

concluded that the employer need not do so and affirmed 4-01-11

GERALDINE MURRAY, ET AL. VS. PLAINFIELD RESQUE SQUAD, ET AL. A-2906-08T1

GERALDINE MURRAY, ET AL. VS. PLAINFIELD RESQUE SQUAD,

ET AL.

A-2906-08T1 03-30-11

Although members of a municipal rescue squad who responded

to a shooting were not entitled to immunity under N.J.S.A.

2A:62A-1, the Good Samaritan Act, because they had a duty to

respond, they were entitled to immunity under N.J.S.A. 26:2K-29

because plaintiffs failed to establish the members either did

not act in an objectively reasonable manner or lacked subjective

good faith.

Plaintiffs also failed to present a prima facie case

against the owner and operator of a mobile intensive care unit

dispatched to the scene. Plaintiffs' expert report with

respect to causation contained only a net opinion, and

plaintiffs' expert with respect to negligence expressed no

opinion regarding the mobile intensive care unit.

The trial court correctly granted summary judgment and

dismissed the complaint.

IMO Anthony Stallworth, Camden County Municipal Utilities Authority (A-6-10)

IMO Anthony Stallworth, Camden County Municipal

Utilities Authority (A-6-10) 4-12-11

In imposing discipline, the Civil Service Commission

did not adequately consider the public employee’s

entire record of misconduct and disregarded its

obligation to state with particularity its reasons for

rejecting the Administrative Law Judge’s findings and

conclusion. The matter is remanded to the Commission

for reconsideration and a more thorough explanation of

the Commission’s ultimate decision.

Amin Yousef, et al. v. General Dynamics Corporation, et al. (A-88-09)

Amin Yousef, et al. v. General Dynamics Corporation,

et al. (A-88-09)

The trial court properly weighed the public-interest

factors in finding that defendants failed to carry

their burden of demonstrating that New Jersey is a

“demonstrably inappropriate” forum. Therefore, the

trial court did not abuse its discretion in denying

the forum non conveniens motion. 4-11-11