Case Law Summaries

Aducat v. Township of Voorhees

ADVERSE POSSESSION; MUNICIPALITIES—Claims for adverse possession against a municipality can not rely upon any period of time before 1991 when the New Jersey Supreme Court ruled that such claims could be made at all.

• Opinion Date: December 1, 2000
• Real Property Law

Peck v. Newark Morning Ledger Company

WORKERS COMPENSATION; WAIVER—Before the injury or illness occurs, an employee’s waiver of the right to collect a workers compensation claim for an occupational disease must, spell out in writing, precisely and unambiguously, the rights that are being given up, the benefits to be lost, and the risks of doing so and, the writing must be dated.

• Opinion Date: October 5, 2001
• Business Law

O’Connell v. Jersey City Board of Education

WORKERS COMPENSATION; SPECIAL MISSIONS—An employee who, for her or his own personal convenience, chooses to hold a business meeting outside of the workplace, may not be eligible for the “special mission” exception under the Workers Compensation Act.

• Opinion Date: June 8, 2001
• Business Law

Badir v. Loral Defense Systems

WORKERS COMPENSATION; SPECIAL EMPLOYER—A contractor leasing an employee from an employment agency is a “special employer,” entitled to application of the workers compensation law, even though the agency pays for the insurance coverage.

• Opinion Date: March 5, 2001
• Business Law

Santander v. Wills Trucking Company

WORKERS COMPENSATION; INDEPENDENT CONTRACTORS—Where a trucking company controls every aspect of a tractor owner’s use of a tractor leased to the company, the tractor owner can be treated as an employee for workers compensation purposes.

• Opinion Date: May 4, 2001
• Business Law

Wilkins v. Prudential Insurance and Financial Services

WORKERS COMPENSATION—An employee whose usual workplace is at home, is not barred from collecting workers compensation benefits by characterizing travel to and from a branch office as commutation.

• Opinion Date: March 27, 2001
• Business Law

New Jersey Department of Labor v. Pepsi Cola Company

WAGE LAW—Where equitable, the Commissioner of the Department of Labor has the right to award post-interest judgment in connection with awards of back pay.

• Opinion Date: November 14, 2001
• Business Law

Perez v. Board of Review

UNEMPLOYMENT COMPENSATION—A driver who is fired because his driver’s licence is suspended for drunk driving must show that he or she was an alcoholic or that his or her alcoholism causes him or her to drink involuntarily; otherwise the firing is with cause, and the employee may not collect unemployment benefits.

• Opinion Date: November 30, 2001
• Business Law

Rudbart v. Board of Review

UNEMPLOYMENT COMPENSATION—The Unemployment Appeals Tribunal is required to consider evidence that an applicant resigned his or her corporate positions and yielded his or her shareholdings in a corporation prior to applying for benefits.

• Opinion Date: April 16, 2001
• Business Law

Colonial Speciality Foods, Inc. v. County of Cape May

UCC; WARRANTIES; REMEDIES—A supplier of goods may expressly limit a buyer’s remedies and may expressly disclaim warranties, but if an exclusive or limited remedy fails of its essential purpose, remedy may be had under the remedy provisions of the UCC.

• Opinion Date: December 7, 2001
• Business Law