IN RE: PETITION FOR REFERENDUM TO REPEAL ORDINANCE
2010-17 OF THE CITY OF MARGATE CITY, ATLANTIC COUNTY,
STATE OF NEW JERSEY
JOHN STEVEN WOERNER, ET AL. VS. THOMAS D. HILTNER, ET
AL.
A-2475-10T1
The section of the Home Rule Act that establishes the right
to a public referendum regarding any ordinance authorizing the
incurring of an indebtedness applies to a municipality organized
under the Walsh Act. 02-14-12
Vandella Davis, as Guardian Ad Litem for Roland Davis
v. Devereux Foundation (066800; A-54/55-10)
The Court reaffirms the duty of due care imposed upon
caregivers with in loco parentis responsibilities to
persons with developmental disabilities. However,
applying the analysis set forth and developed by prior
Court opinions, the parties’ relationship, the nature
of the risk, the opportunity and ability to exercise
care, and public policy, do not justify imposing on
such caregivers a “non-delegable duty” to protect
residents from harm caused by employees’ intentional
acts. Also, no rational factfinder could find that
McClain’s criminal assault on Davis was conducted
within the scope of her employment. 2-29-12
Ronald Durando and Gustave Dotoli v. The Nutley Sun
and North Jersey Media Group, Inc. (065978; A-105-09)
Although this case unquestionably involves sloppy
journalism, the careless acts of a harried editor, the
summary-judgment record before the Court cannot
support a finding by clear and convincing evidence
that the editor knowingly or in reckless disregard of
the truth published the false front-page teaser. 2-28-12
Kamie S. Kendall v. Hoffman-LaRoche, Inc., et al.
(066802; A-73-10)
Because a reasonable person in plaintiff Kamie
Kendall’s situation would not have known by December
2003 of the relationship between Accutane and
ulcerative colitis, her December 2005 lawsuit against
the defendant developers and marketers of the drug was
timely. 2-27-12
US Bank National Association, etc. v. Maryse Guillaume
and Emilio Guillaume, et al. (068176; A-11-11)
The Fair Foreclosure Act requires that foreclosure
plaintiffs list on the notice of intention to
foreclose the name and address of the actual lender,
in addition to contact information for any loan
servicer involved in the mortgage. Because the trial
court in this matter appropriately ordered the lender
to reissue a complaint notice of intention and because
the borrowers’ other arguments do not warrant a grant
of relief, the Court affirms the denial of their
motion to vacate the default judgment of foreclosure. 2-27-12