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151 Olds v. Donnelly -- rank: 846
... and well within the six-year limitations period prescribed by N.J.S.A. 2A:14-1. Thus, the statute of limitations also presents ...
docket: a-109-96
court:
decided: 1997-07-16
status:
citation: 150 N.J. 424
Document Size: 128764
152 New Jersey Department of Environmental Protection v. Robert Huber -- rank: 846
... permit-restricted residential property under the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30 (FWPA or the Act), without ... disturbing the water level, adding fill, or destroying plant life. N.J.S.A. 13:9B-3. Without a FWPA permit, regulated activity affecting wetlands is strictly prohibited. N.J.S.A. 13:9B-17. Violations of the Act, its regulations, or ... Act may lead to civil penalties, costs, and injunctive relief. N.J.S.A. 13:9B-21(a) to (e). The DEP became involved ... civil action to obtain a court order directing the entry. N.J.S.A. 13:9B-21. The Commissioner may also assess a separate ... compel access to the property subject to the FWPA permit. N.J.S.A. 13:9B-21(b) & (c). (pp. 42-48) 4. ...
docket: A-116-10
court: NJ Supreme Court
decided: 2013-04-04
status:
citation:
Document Size: 144110
153 Debra Dugan v. TGI Fridays, Inc. -- rank: 846
... beverages and seek relief under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -206, and the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. In the first of the ... place. In addition to generally alleging unconscionable commercial practices under N.J.S.A. 56:8-2, the Dugan plaintiffs and Bozzi allege that the defendant restaurants committed a regulatory violation by contravening N.J.S.A. 56:8-2.5. Under that section of the CFA ... —a consumer who satisfies the elements of the TCCWNA. N.J.S.A. 56:12-17. To be found liable under the TCCWNA ... a “clearly established legal right” or “responsibility.” N.J.S.A. 56:12-15. Plaintiffs contend that by failing to ...
docket: a-92-15
court: New Jersey Supreme Court
decided: 2017-10-04
status:
citation:
Document Size: 210799
154 MacDougall v. Weichert -- rank: 846
... The Supreme Court granted MacDougall's petition for certification. HELD: N.J.S.A. 2C:27-3 and -5 are the source of the ... was violated by his termination is derived from two statutes: N.J.S.A. 2C:27-3 and 27-5. Based on the statutory ... 23) 5. Because MacDougall was a public official, and because N.J.S.A. 2C:27-3 and -5 and the public policy derived ... the laws that proscribe harmful conduct directed at public officials, N.J.S.A. 2C:27-3 and -5. That public policy affords protection ... file stated cause of action under the Law Against Discrimination, N.J.S.A. 10:5-, by alleging that "she was discharged for seeking ... violated by his termination is derived from two particular statutes: N.J.S.A. 2C:27-5 is also a source for the ...
docket: a-116-94
court: njsupreme
decided: 1996-06-10
status:
citation: 144 N.J. 380
Document Size: 169945
155 State of New Jersey v. James Grate -- rank: 846
... considers (1) whether the “knowingly” mens rea requirement of N.J.S.A. 2C:39-5(e)(1) applies to both the possession ... s presence at an educational institution; (2) the constitutionality of N.J.S.A. 2C:39-5(i)’s mandatory minimum sentence in ... various offenses, including second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), and third-degree unlawful possession of a weapon at an educational institution, N.J.S.A. 2C:39-5(e)(1). With regard to the latter ... substantial likelihood that defendants were involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5), three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need ...
docket: A-47-13
court: NJ Supreme Court
decided: 2015-01-15
status:
citation: 220 N.J. 317 106 A.3d 466
Document Size: 95379
156 Vincent Hager v. MK Construction -- rank: 846
... is exempt from reimbursing Hager for his medical marijuana under N.J.S.A. 34:6I-14. The Compassionate Use Act, N.J.S.A. 24:6I-1 to -30, was enacted by the New ... a government medical assistance program or private health insurer.” N.J.S.A. 24:6I-14 (emphasis added). (pp. 13-15) 2. Based ... compensation court’s determination, affirmed by the Appellate Division, that N.J.S.A. 24:6I-14 does not apply to M&K. The ... recognition of the potential health benefits of medical marijuana. See N.J.S.A. 24:6I-2(e). That reading, further, is supported by ... ealth insurance does not include workmen’s compensation coverages.” N.J.S.A. 17B:17-4. In the Court’s view, if ...
docket: a-64-19
court: NJ Supreme Court
decided: 2021-04-13
status:
citation:
Document Size: 106406
157 In the Matter of the Expungement Petition of D.H. -- rank: 846
... in this appeal is whether New Jersey’s expungement statute, N.J.S.A. 2C:52-1 to 32, and the forfeiture of public employment statute, N.J.S.A. 2C:51-2, can be harmonized so that an order ... the subject of the inquiry indeed had an arrest record. N.J.S.A. 2C:20-32. Pursuant to a plea agreement, on October ... employment. The order of forfeiture provided that “pursuant to N.J.S.A. 2C:51-2, [D.H.] shall forfeit her public employment ... editing marks omitted). It further concluded that “[a]lthough N.J.S.A. 2C:51-2(d) and the forfeiture order at issue ... life of rectitude and disassociated himself with unlawful activity[.]” N.J.S.A. 2C:52-32. Also, “a central purpose of ...
docket: a-82-09
court: New Jersey Supreme Court
decided: 2010-10-27
status:
citation: 204 N.J. 7 6 A.3d 421
Document Size: 103187
158 L.A. v. D.Y.F.S. -- rank: 846
... this appeal is whether defendants breached the duty, imposed by N.J.S.A. 9:6-8.10, to report suspected child abuse whenever ... and had breached the standard of care set forth in N.J.S.A. 9:6-8.10 by failing to notify DYFS after ... report an incident of suspected child abuse, as required under N.J.S.A. 9:6-8.10. 1. To support her medical malpractice ... this case, the applicable standard of care is provided by N.J.S.A. 9:6-8.10, which requires that “[a]ny ... 485 , 500 (2010). (pp. 13-15) 2. On its face, N.J.S.A. 9:6-8.10 clearly indicates that the reporting requirement ... concludes that he did not breach the reporting obligation in N.J.S.A. 9:6-8.10 in respect of S.A. ...
docket: A-55-12
court: NJ Supreme Court
decided: 2014-04-23
status:
citation:
Document Size: 99583
159 ZAZA v. MARQUES AND NELL, INC. -- rank: 846
... presents the question of whether under the Products Liability Act, N.J.S.A. 2A:58C-l to -7, a component part fabricator that ... appeal, plaintiff argued that the quench tank was "defective" under N.J.S.A. 2A:58C-2 because: (l) defendant deviated from the design ... component into the system. The Products Liability Act, (the Act), N.J.S.A. 2A:58C-1 to -7 applies. The Legislature passed the ... by products, including certain products under which liability is imposed." N.J.S.A. 2A:58C-l. The Act has been interpreted as evincing ... App. Div.), certif. denied , 130 N.J. 598 (1992). Specifically, N.J.S.A. 2A:58C-2 provides: A manufacturer or seller of a ... N.J. l50, l76 (l979) (emphasis added). The elimination in N.J.S.A. 2A:58C-2 of Suter's extension of strict ...
docket: a-63-95
court: njsupreme
decided: 1996-05-09
status:
citation: 144 N.J. 34
Document Size: 101932
160 P.V. v. Camp Jaycee -- rank: 846
... the question of whether New Jersey’s charitable immunity statute, N.J.S.A. 2A:53A-7 to -11, applies to a tort committed ... the question of whether New Jersey’s charitable immunity statute, N.J.S.A. 2A:53A-7 to -11, applies to a tort committed ... from suit under the New Jersey Charitable Immunity Act (CIA). N.J.S.A. 2A:53A-7 to -11. The trial judge granted Camp ... of the works of such nonprofit corporation, society or association . . . . [ N.J.S.A. 2A:53A-7(a).] Contrary to New Jersey’s policy ... inquiry must begin with the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53-7 to -11, and the public policy behind ... sunset provision. L. 1959, c. 90, § 1 (codified at N.J.S.A. 2A:53A-7). When our Legislature spoke on the ...
docket: a-31-07
court:
decided: 2008-11-24
status:
citation: 197 N.J. 132
Document Size: 163274
161 State v. Joseph Diorio -- rank: 846
... degree money laundering, were barred by the statute of limitations. N.J.S.A. 2C:1-6(c). Relying in part on the fact that N.J.S.A. 2C:20-2(b)(4) expressly authorizes the aggregation of ... concluded that money laundering is a continuing offense, noting that N.J.S.A. 2C:21-27 also permits aggregation. It determined that PFP ... for an offense must commence within five years after commission. N.J.S.A. 2C:1-6(b)(1). An offense is committed once ... period commences on the day after commission of the offense. N.J.S.A. 2C:1-6(c). (pp. 18-19) 2. Continuing offenses ... offense, but the broad scope of the New Jersey statute, N.J.S.A. 2C:21-25, supports the conclusion that money laundering ...
docket: A-110-11
court: NJ Supreme Court
decided: 2014-02-12
status:
citation:
Document Size: 111685
162 State v. Charles Fuller -- rank: 846
... Paredes with fourth-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(3); third-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(11); third-degree possession of a ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree unlawful possession of ... while possessing a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:39-4.1(a). Defendants moved to suppress, ...
docket: a-129-06
court:
decided: 2009-02-25
status:
citation: 198 N.J. 6
Document Size: 167069
163 Comprehensive Neurosurgical, P.C. et al. v. The Valley Hospital et al. \t \r\n \r\n\r\n\t\t\r\n\t\r\n -- rank: 846
... that reopening, including a lawsuit where it relied principally on N.J.S.A. 26:2H-8 to argue there was no “need ...
docket: a_52_22
court: supreme
decided: 2024-04-15
status: Published
citation:
Document Size: 123742
164 In the Matter of the Expungement of the Arrest/Charge Records of T.B. -- rank: 846
... sale offense must satisfy the public-interest standard required by N.J.S.A. 2C:52-2(c)(3) when they seek expungement under the 2016 drug court expungement statute, N.J.S.A. 2C:35-14(m), and, if so, how the standard ... their entire record under the new drug court expungement statute, N.J.S.A. 2C:35-14(m). The trial court granted all three ... determine whether expungement would be consistent with the public interest. N.J.S.A. 2C:35-14(m)(2); id. § 52-2(c ... conviction.” Kollman, 210 N.J. at 570-71 (quoting N.J.S.A. 2C:52-2(a)(2) (2010)). Some crimes are not ... finds that expungement is consistent with the public interest.” N.J.S.A. 2C:52-2(c)(3) (emphasis added). To make ...
docket: a-18-17
court: New Jersey Supreme Court
decided: 2019-01-08
status:
citation:
Document Size: 55260
165 State v. James E. Jones & Likisha Jones -- rank: 846
... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. ...
docket: a-63-16
court: New Jersey Supreme Court
decided: 2018-06-19
status:
citation:
Document Size: 83391
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