01-2-3110 Department of Environmental Protection v. Mazza and Sons Inc. , App. Div. (Skillman, P.J.A.D.) (23 pp.) A party who has not filed a timely appeal from a final administrative agency order may not collaterally attack that order in an enforcement action by the agency under Rule 4:67-6. However, an agency is not automatically entitled to a judicial enforcement of an administrative order simply by filing a complaint in the Chancery Division; to obtain such enforcement, the agency must show that the party to whom the order was directed failed to comply and that the court’s assistance is necessary to secure compliance. [Decided March 18, 2009.] [Digested at page 42.]
CIVIL PROCEDURE — FAIR TRIAL — JURORS
07-2-3112 Barber v. ShopRite of Englewood & Associates Inc. , App. Div. (Parker, J.A.D.) (34 pp.) 1. The cumulative effect of numerous errors that are not individually reversible may result in an unfair trial warranting reversal and a new trial under the cumulative-error doctrine. 2. Where an attorney-juror undertakes to explain legal terms from the jury charge to the other jurors, those explanations may have a “tendency” to influence the verdict and warrant a new trial. Panko v. Flintkote Co. , 7 N.J. 55, 61 (1951). [Decided March 18, 2009.] [Digested at page 43.]
