5-7-12 Twenty-First Century Rail Corporation, et al. v. New
Jersey Transit Corporation, et al. (067652; A-101-10)
Disqualification of the attorney for PB Americas is
warranted in this case because details relating to the
construction project, the relationship among the
parties, and the attorney’s prior representation of an
adverse party, FKSB, demonstrate that the subsequent
representation was prohibited by RPC 1.9(a).
John Seals and Julia Seals v.County of Morris
(067441; A-84/85-10)
Neither Contey nor N.J.S.A. 48:3-17.1 confers immunity on the utility for its negligence, if any, in placing the electric pole. If a governmental entity directs a utility where to place a pole – as in Contey – the utility is immune from liability. When there is no governmental dictate, ordinary negligence standards apply. A utility will be liable if it places or maintains an electric pole where there is an unreasonable and unnecessary danger to travelers upon the highway. Whether the County is entitled to TCA immunity must be remanded for further proceedings. 5-14-12
W.J.A. v. D.A. (067093; A-77-10)
Presumed damages continue to play a role in New Jersey’s defamation jurisprudence in private plaintiff cases that do not involve matters of public concern. Where a plaintiff does not proffer evidence of actual damage to reputation, the doctrine of presumed damages permits him to survive a motion for summary judgment and to obtain nominal damages, thus vindicating his good name. 5-16-12