Hon. Dana L. Redd v. Vance Bowman (A-71/72

Hon. Dana L. Redd v. Vance Bowman (A-71/72/73-13; 073567) 

The Faulkner Act initiated, proposed ordinance does not constitute an unlawful restraint on the future exercise of the City of Camden’s legislative power and is not preempted by the Municipal Rehabilitation and Economic Recovery Act or any of the state’s fiscal statutes. However, the ordinance, as drafted, is out of date, inaccurate, and misleading. The challenge to the police reorganization must start anew with an ordinance that reflects the facts as they now stand. 

John Ross v. Karen Lowitz (A-101-13;

John Ross v. Karen Lowitz (A-101-13; 074200) 

The Court finds no basis for the claims of private nuisance or trespass against the homeowner defendants because there exists no proof of negligence, recklessness, intentional conduct, or the conduct of an abnormally dangerous activity, by these parties. Additionally, the Court declines to expand these causes of action to impose strict liability upon defendants. Plaintiffs cannot proceed with a direct claim against the defendant insurers for breach of the implied covenant of good faith and fair dealing contained in the insurance contracts because they do not hold an assignment of rights from the named insured, and there is no evidence that the named insured or her insurers agreed to recognize plaintiffs as third-party beneficiaries of the insurance contracts. 

Elizabeth Gnall v. James Gnall (A-52-13;

Elizabeth Gnall v. James Gnall (A-52-13; 073321) 

In determining a request for alimony, all of the factors enumerated in N.J.S.A. 2A:14-23(b) must be considered; the duration of the marriage is only one such factor. The Appellate Division erroneously created a bright-line rule that a fifteen-year marriage requires an award of permanent alimony, contrary to the need to consider all of the statutory factors. The trial court also improperly relied upon the duration of the marriage over the other statutory factors in determining that, since the marriage was not one of twenty-five to thirty years, permanent alimony was not warranted, and therefore awarded limited duration alimony. 

Rolando Fernandes v. DAR Development Corp. (A-37-13

Rolando Fernandes v. DAR Development Corp. (A-37-13; 073001) 

In negligence claims by injured workers against third parties, there is no sound reason to depart from settled precedent that an employee’s negligence may be submitted to the jury when evidence has been adduced that the injured employee unreasonably confronted a known risk and had no meaningful choice in the manner in which he completed the task. Here, the evidence produced at trial provided no basis to submit the issue of plaintiff’s negligence to the jury. 

Allstate New Jersey Insurance Co. v. Gregorio Lajara (A-70-13;

Allstate New Jersey Insurance Co. v. Gregorio Lajara (A-70-13; 073511) 

The right to a civil jury trial provided by Article I, Paragraph 9 of the New Jersey Constitution applies to private-action claims seeking compensatory and punitive damages under the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30. 

Joel S. Lippman, M.D. v. Ethicon, Inc. and Johnson & Johnson,

Joel S. Lippman, M.D. v. Ethicon, Inc. and Johnson & Johnson, Inc. (A-65/66-13; 073324) 

CEPA’s protections extend to the performance of regular job duties by watchdog employees. Unless and until the Legislature expresses its intent to differentiate among the classes of employees who are entitled to CEPA protection, there can be no additional burden imposed on watchdog employees seeking CEPA protection. 

IMO Borough of Keyport v. Local 68 (A-43/44-13

IMO Borough of Keyport v. Local 68 (A-43/44-13; 072361) 

The three municipalities in this case acted for reasons of economy based on municipal fiscal distress 

existing at the time, rendering the management choice to use a temporary or permanent layoff solution one that constituted a managerial prerogative not subject to negotiation. The layoff actions at issue in this consolidated appeal constituted non-negotiable subjects under prong three of the Local 195 test for negotiability. Local 195, IFPTE v. State, 88 N.J. 393 (1982).