- Recent Court Decisions
Russo v. Board of Trustees, Police and Firemen’s Retirement System. A-20 September Term 2010; Supreme Court; opinion by Long, J; decided May 17, 2011. On certification to the Appellate Division. (Sat below: Judges Lisa and Alvarez in the Appellate Division.) DDS No. 33-1-2178.
A police officer is entitled to accident disability benefits for his mental injury after responding to a fatal fire.

Baracia v. Board of Trustees of the State Police Retirement System. A-3611-09T2; Appellate Division; opinion by Newman, J.A.D.; decided and approved for publication on May 13, 2011. Before Judges Fuentes, Ashrafi and Newman. On Appeal from the Board of Trustees of the State Police Retirement System, SPRS #8-103436. DDS No. 39-2-2137.
Petitioner’s accidental disability retirement allowance is not subject to a dollar-for-dollar reduction based on the employer’s payment of its pro rata share of petitioner’ attorneys’ fees.

Frumer v. National Home Insurance Company. A-1379-10T4; Appellate Division; opinion by Simonelli, J.A.D.; decided and approved for publication May 16, 2011. Before Judges Cuff, Sapp-Peterson and Simonelli. On appeal from an interlocutory order of the Law Division, Bergen County, L-6214-10. DDS. No. 03-2-2149.
The arbitration provisions in a private warranty plan establish arbitration as the exclusive remedy for a dispute involving plaintiffs’ claims against the warranty.

Whitfield v. Bonanno Real Estate Group. A-2830-09T1; Appellate Division; opinion by Messano, J.A.D.; decided and approved for publication May 12, 2011. Before Judges Carchman, Messano and Waugh. On appeal from the Law Division, Bergen County, L-1604-07. DDS. No. 39-2-2118.
The immunity provided by N.J.S.A. 34:15-8 does not bar plaintiff’s third-party action against a partnership after receiving workers’ compensation benefits from her employer, a partner.
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