Search Rutgers Law Library N.J. Court Opinions

166 Lourdes Medical Center of Burlington County v. Board of Review -- rank: 846

... hospital procedures. The appeals examiner looked to the governing statute N.J.S.A. 43:21-5(d), and regulation, N.J.A.C ... determine whether Lourdes suffered a “stoppage of work.” N.J.S.A. 43:21-5(d) provides that an individual is disqualified ... J.A.C. 12:17-12.2(a)(2) or N.J.S.A. 43:21-5(d). The examiner, rejecting Lourdes’ argument that ... suffer a “stoppage of work” within the intendment of N.J.S.A. 43:21-5(d). Accordingly, the striking nurses qualify for ... weight of authority in this country construing provisions similar to N.J.S.A. 43:21-5(d). Ultimately, the dissenting member of the ... legislative policies; and when applying the legislative policy expressed in N.J.S.A. 43:21-5(d), whether the Board’s finding ...

docket:	a-70-07
court:
decided:	2009-01-27
status:
citation:	197 N.J. 325
Document Size:	161427

167 State v. Darius J. Carter -- rank: 846

... than 100,000 drivers annually have been ticketed for violating N.J.S.A. 39:3-33 (section 33), which includes a prohibition against ... concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license ... State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes authorize specialty plates ... license plate for the purpose of evading law enforcement.” N.J.S.A. 39:3-33c (section 33c). The police issue more than ... of its key terms, but amendments to other portions of N.J.S.A. 39:3-33 reflect the Legislature’s concern about the ... in that way presents multiple constitutional issues. The relevant statute, N.J.S.A. 39:3-33, reads in part as follows: “ ...

docket:	a-66-19
court:	NJ Supreme Court
decided:	2021-08-02
status:
citation:
Document Size:	101517

168 /usr/local/share/www/libweb/collections/courts/supreme/a-13-14-21.opn.html -- rank: 846

... Mykal and Malik Derry should have been dismissed pursuant to N.J.S.A. 2C:1-3(f) after they were convicted in federal ... release. Defendants moved to dismiss their state-court indictment under N.J.S.A. 2C:1-3(f), arguing that the federal prosecution already ... both defendants. The Appellate Division affirmed the denial of defendants’ N.J.S.A. 2C:1-3(f) motion. The court found that Kopp� ... rather than on the hypothetical qualifications of the agent. 1. N.J.S.A. 2C:1-3(f) has three requirements for dismissal of ... prosecution. (pp. 17-19) 2 2. The Court finds that N.J.S.A. 2C:1-3(f) applies here. N.J.S.A. 2C:1-11(a) is a mandatory bar to ...

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court:	New Jersey Supreme Court
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Document Size:	67441

169 Hardwicke v. American Boychoir School -- rank: 846

... subject to liability under the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1; whether the Charitable Immunity Act (CIA), N.J.S.A. 2A:53-7 to -11, bars only those claims that ... not trigger the more generous accrual provision of the CSAA, N.J.S.A. 2A:61B-1b, which allows a cause of action for ... abuse claims brought under the common law. 1. The CSAA, N.J.S.A. 2A:61B-1, contains a provision that relaxes the usual ... that the general definition of “person” under Title I, N.J.S.A. 1:1-2, includes corporations. (pp. 22-24) 4. The ... household” under the CSAA. (pp. 31-33) 7. The CIA, N.J.S.A. 2A:53A-7(a), explicitly states that no nonprofit ...

docket:	a-17-04
court:
decided:	2006-08-08
status:
citation:	*CITE_PENDING*
Document Size:	190776

170 FIELDER V. STONACK -- rank: 846

... that the sections of the Act relied on in Tice , N.J.S.A. 59:5-2b and 3-3, were inapplicable since Tice ... vehicle and an innocent third party. The court held that N.J.S.A. 59:3-3 (section 3-3), which provides immunity for ... applied to the facts before it. ����The court held that N.J.S.A. 59:3-3. "We are satisfied . . . that this section does ... N.J. Super. at 236. The court further noted that N.J.S.A. 39:4-91, which states that drivers must yield the ... the officer's car was involved; that the language of N.J.S.A. 59:5-2b supports that conclusion; that such a conclusion ... 495, a finding which would deny immunity under the Act. N.J.S.A. 59:3-14. II ����The distinction adopted by the ...

docket:	a-115-94
court:	njsupreme
decided:	1995-07-06
status:
citation:	141 N.J. 101
Document Size:	85979

171 State v. Cesar Albert Vargas -- rank: 846

... was charged with second-degree conspiracy to commit money laundering, N.J.S.A. 2C:5-2, N.J.S.A. 2C:21-25a; second-degree money laundering, N.J.S.A. 2C:21-25a, N.J.S.A. 2C:2-6; second-degree possession of a controlled dangerous substance with intent to distribute MDA, N.J.S.A. 2C:35-5a(1), N.J.S.A. 2C:35-5b(2); third-degree possession of marijuana ...

docket:	A-56-11
court:	NJ Supreme Court
decided:	2013-03-18
status:
citation:	213 N.J. 301 63 A.3d 175
Document Size:	183792

172 James Dale v. Boy Scouts of America, and Monmouth Council, Boy Scouts of America -- rank: 846

... appeal is whether New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, prohibits Boy Scouts of America ... the New Jersey Legislature amended the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, to include protections based on ... Scouts was exempt under the "distinctly private" exception found at N.J.S.A. 10:5-5l. Id. at 55. The court rejected Dale ... public accommodation, . . . without discrimination because of . . . affectional or sexual orientation." N.J.S.A. 10:5-4. Boy Scouts must therefore abide by the ... menaces the institutions and foundation of a free democratic State." N.J.S.A. 10:5-3. In furtherance of its purpose to root ... the control of and for the use of . . . Boy Scouts," N.J.S.A. 23:2-3, and has exempted Boy Scouts from ...

docket:	a-195-97
court:	njsupreme
decided:	1999-08-04
status:
citation:	160 N.J. 562
Document Size:	245074

173 Division of Youth & Family Services v. R.D. -- rank: 846

... adjudication of an abuse or neglect proceeding under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, can be given ... later guardianship/termination of parental rights proceeding under Title Thirty, N.J.S.A. 30:4C-11 to -15.4. This appeal arises from ... imminent danger by exposing them to this conduct, and violated N.J.S.A. 9:6-8.21(c)(4). The court therefore concluded ... elements of the “best interests of the child” test, N.J.S.A. 30:4C-15.1, by clear and convincing evidence, ordered ... abused his children, not the “best interests” standard of N.J.S.A. 30:4C-15.1, and it made no accommodations to ... neglect proceeding under Title Nine of the New Jersey Statutes, N.J.S.A. 9:6-8.21 to -8.73, can be ...

docket:	a-2-10
court:	superior court trial
decided:	2011-07-20
status:
citation:
Document Size:	128927

174 State v. John J. Lawless, Jr. -- rank: 846

... is whether a sentencing court, identifying relevant aggravating factors under N.J.S.A. 2C:44-1(a), may consider the harm suffered by ... the accident. Defendant was charged with first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a), and seven other criminal offenses including ... charged with motor vehicle violations including driving while intoxicated (DWI), N.J.S.A. 39:4-50. The counts involving serious bodily injury and ... that the court find several aggravating factors, including factor two, N.J.S.A. 2C:44-1(a)(2) (“gravity and seriousness of ... did not ask the court to find aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (“nature and circumstances of ... thirty years’ imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. The Appellate Division reversed and ...

docket:	A-89-11
court:	NJ Supreme Court
decided:	2013-07-22
status:
citation:
Document Size:	82974

175 State v. James Buckner -- rank: 846

... to disqualify Judge Ahto, contending that (1) the Recall Statute, N.J.S.A. 43:6A-13 -- which allows retired judges to be recalled ... nine years’ imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed, arguing both that the ... the Legislature enacted the Judicial Retirement System Act (“JRSA”), N.J.S.A. 43:6A-1 to -46, leaving in place the recall ... to permit the recall of retired judges older than seventy. N.J.S.A. 43:6A-13(b). Defendant suggests that the period from ... service has gone unchallenged. Today, as the current Recall Statute -- N.J.S.A. 43:6A-13 -- turns forty, defendant claims that his criminal ... art. VI, § 6, ¶ 3, and the Recall Statute, N.J.S.A. 43:6A-13(b). We review them here to ...

docket:	A-22-14
court:	NJ Supreme Court
decided:	2015-07-30
status:
citation:	223 N.J. 1 121 A.3d 290
Document Size:	214671

176 State of New Jersey v. P.Z. -- rank: 846

... notified DYFS about C.Z.'s injuries as mandated by N.J.S.A. 9:6-8.10 when there is �reasonable cause to ... injuries. Shortly thereafter, on behalf of DYFS and pursuant to N.J.S.A. 30:4C-12, the Attorney General instituted a civil action ... unable to ascertain who had caused the child's injuries. N.J.S.A. 9:6-8.21. Defendant and his wife were represented ... degree: endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4a, and aggravated assault, in violation of See ... that the legal rights of such children are fully protected. [ N.J.S.A. 9:6-8.8.] ����Because child abuse and neglect are ... of child abuse� must inform DYFS See footnote 3 immediately. N.J.S.A. 9:6-8.10. The Division is required to ...

docket:	a-21-96
court:	njsupreme
decided:	1997-11-26
status:
citation:	143 N.J. 480
Document Size:	140018

177 STATE V. RIGOBERTO MEJIA -- rank: 846

... will stand, and the Law Division shall sentence him under N.J.S.A. 2C:11-3b. If the State elects to seek the ... County Grand Jury charged Mejia with murder, in violation of N.J.S.A. 2C:39-5b. The prosecutor served a notice of aggravating ... specifying that Mejia had committed the murder during a felony, N.J.S.A. 11-3c(4)(g) ("the c(4)(g) factor"). ����The ... the requirement that a murder is "knowing" or "purposeful" under N.J.S.A. 2C:11-3a. Because of recent constitutional and statutory amendments ... M. Cannel, New Jersey Criminal Code, Annotated , comment 13 to N.J.S.A. 2C:11-3a, murder is defined as a criminal homicide ... of at least a thirty-year mandatory term, pursuant to N.J.S.A. 2C:11-3b. [ Brown , supra , 138 N.J. at ...

docket:	a-4-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 475
Document Size:	130861

178 /usr/local/share/www/libweb/collections/courts/supreme/a-37-17.opn.html -- rank: 846

... April 3, 2013: second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and fourth-degree unlawful disposition of a weapon, N.J.S.A. 2C:39-9(d). The remaining six counts related only ... the remaining six counts of the indictment. E. Pursuant to N.J.S.A. 2C:44-3(a), the State moved for the imposition ... of second-degree unlawful possession of a weapon contrary to N.J.S.A. 2C:39-5(b). The trial court found defendant to be a persistent offender within the meaning of N.J.S.A. 2C:44-3(a). Relying on State v. Pierce, 188 ... of those transactions.” The court applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), “[t]he risk ...

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Document Size:	122352

179 Mary Richter v. Oakland Board of Education -- rank: 846

... the person injured or killed, except for intentional wrong.” N.J.S.A. 34:15-8. The LAD’s worthy purpose is no ... a right to a jury trial and punitive damages. And N.J.S.A. 10:5-13 was amended to add common law remedies ... WCA provides a workers’ compensation lien for an employer under N.J.S.A. 34:15-40. The Appellate Division reviewed that provision’s ... Richter recovered benefits under the Worker’s Compensation Act (WCA), N.J.S.A. 34:15-1 to -146, she pursued through this action a claim under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, alleging that her employer failed ... for bodily injuries or their equivalent, it is barred under N.J.S.A. 34:15-8 unless she proves that defendants engaged ...

docket:	a-23-19
court:	NJ Supreme Court
decided:	2021-06-08
status:
citation:
Document Size:	97020

180 Borough of East Rutherford v. East Rutherford -- rank: 846

... family for in-network services for each calendar year.” N.J.S.A. 52:14-17.29(C). PERC denied the Borough’s ... the Arbitrator’s award, concluding that it was contrary to N.J.S.A. 52:14-17.29(C), violated public policy, exceeded the ... award upon the subject matter submitted was not made.” N.J.S.A. 2A:24-8(a) and (d). Additionally, a court may ... c. 103, § 23 (effective June 27, 2007) (codified at N.J.S.A. 52:14-17.29(C)).] The Sponsors’ Statements explained that ... The trial court held that the award was contrary to N.J.S.A. 52:14-17.29(C), violated public policy, exceeded the ... that the award be vacated. In addition to relying on N.J.S.A. 52:14-17.29(C), the trial court’s ...

docket:	A-24-11
court:	NJ Supreme Court
decided:	2012-03-19
status:
citation:	213 N.J. 190 61 A.3d 941
Document Size:	110389