Search Rutgers Law Library N.J. Court Opinions

196 State v. Harry Kittrell -- rank: 846

... apartment of another is sufficient to sustain a conviction under N.J.S.A. 2C:35-4, the statute entitled "Maintaining or Operating a ... apartment of another is sufficient to sustain a conviction under N.J.S.A. 2C:35-4. Based on a review of the evidence ... as written, there is sufficient evidence to convict Kittrell under N.J.S.A. 2C:35-4. 1. For Kittrell to be convicted under N.J.S.A. 2C:35-4, he must "maintain a facility" that "manufactures ... maintenance of a drug production facility that is prohibited under N.J.S.A. 2C:35-4. (pp. 9-13) 2. The legislative history of N.J.S.A. 2C:35-4 supports the conclusion that Kittrell's ...

docket:	a-107-95
court:	njsupreme
decided:	1996-07-03
status:
citation:	145 N.J. 112
Document Size:	81568

197 Liberty Mutual Insurance Co. v. Land -- rank: 846

... standard of proof under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30.     Rose Land owns a small ... standard of proof under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30. In December 2000, a tree ... the amount of premium dollars used to pay fraudulent claims. [ N.J.S.A. 17:33A-2.] As Justice Garibaldi acknowledged in 1992, “[i ... information concerning any fact or thing material to the claim. [ N.J.S.A. 17:33A-4(a)(1).] Other violations of the Act ... s initial or continued right or entitlement to a benefit, N.J.S.A. 17:33A-5b. Alternatively, IFPA authorizes the Commissioner to levy identical civil administrative penalties. N.J.S.A. 17:33A-5c. A party assessed with administrative penalties ...

docket:	a-125-04
court:	njsupreme
decided:	2006-03-14
status:
citation:	*CITE_PENDING*
Document Size:	83732

198 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.G.P and J.P. and R.H.C -- rank: 846

... v. A.B., 231 N.J. 354, 368 (2017) (quoting N.J.S.A. 9:6-8.8). To establish abuse or neglect under ... and relevant evidence' that the child is 'abused or neglected . . . .' N.J.S.A. 9:6-8.46(b). The Division must present 'proof ... Division alleged Jay was an abused or neglected child under N.J.S.A. 9:8-21(c). The Division was required to prove ... inflicted harm, or substantial risk thereof[.] A-2613-21 13 [N.J.S.A. 9:6-8.21(c)(4).] The term ''minimum degree ... M.C. III, 201 N.J. 328, 343 (2010) (quoting N.J.S.A. 9:6-8.46(b)). The facts supporting its claim ... of abuse or neglect must be based on admissible evidence. N.J.S.A. 9:6-8.46(a)(1). Pertinent here, N. ...

docket:	a2613-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-08
status:	Unpublished
citation:
Document Size:	59269

199 Mary Kibble v. Weeks Dredging & Construction Co -- rank: 846

... who settles his or her workers' compensation claim pursuant to N.J.S.A. 34:15-20 (Section 20) simultaneously can waive the future ... who settles his or her workers' compensation claim pursuant to N.J.S.A. 34:15-20 (Section 20) simultaneously can waive the future ... benefits in the event of the worker's death. See N.J.S.A. 34:15-13. The Division of Workers' Compensation held that ... In April 1994, petitioner filed a dependency claim, pursuant to N.J.S.A. 34:15-1 to -128, in the event of permanent ... the Act requires payment of benefits to the workers' dependents. N.J.S.A. 34:15-13. Our cases emphasize that "[t]he rights ... other benefits arising out of such claim under the statute. [ N.J.S.A. 34:15-20.]     For a Section 20 lump-sum ...

docket:	a-38-98
court:	njsupreme
decided:	1999-08-09
status:
citation:	161 N.J. 178
Document Size:	103217

200 Kemp v. State of New Jersey -- rank: 846

... Court.      The primary issue in this appeal is whether either N.J.S.A. 59:6-4 of the Tort Claims Act (“TCA”) or N.J.S.A . 26:11-12 (now repealed) immunizes defendants from liability for ... moved for summary judgment on several grounds, including immunity under N.J.S.A . 59:6-4 (excepting a public entity from the grant ... an examination or diagnosis for the purpose of treatment) and N.J.S.A . 26:11-12. (granting immunity to county boards and its ... discretion”). The trial court denied summary judgment, finding that neither N.J.S.A. 59:6-4 nor N.J.S.A . 26:11-12 immunized defendants from liability.     The Appellate ...

docket:	a-41-96
court:	njsupreme
decided:	1997-01-14
status:
citation:	144 N.J. 586
Document Size:	66215

201 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.A. and D.A., -- rank: 846

... best A-3287-20 21 interests of the child test, N.J.S.A. 30:4C-15.1(a). The judge determined Eve and ... first prong of the best interests of the child test, N.J.S.A. 30:4C- 15.1(a), the judge found 'the Division ... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a). Eve separately argues ineffective assistance ... evaluation of the evidence under prongs three and four of N.J.S.A. 30:4C- 15.1(a), asserting the Division failed to ... at 10. Under the best interests of the child test, N.J.S.A. 30:4C-15.1(a),5 the Division must prove ... statute on July 2, 2021, eliminating the second sentence of N.J.S.A. 30:4C-15.1(a)(2). However, the amendment ...

docket:	a3287-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	72829

202 State of New Jersey v. Gene Hinton -- rank: 846

... and the court issued a warrant of removal pursuant to N.J.S.A. 2A:18-57. The warrant directed a court officer to ... may be removed by the landlord, subject to applicable law ( N.J.S.A. 2A:18-72 et seq.).” The warrant of removal ... for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1), second-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(2), third-degree possession of CDS ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, and second-degree possession of CDS with ... 500 feet of a public housing facility, park or building, N.J.S.A. 2C:35-7.1. He unsuccessfully sought admission into ...

docket:	A-3-12
court:	NJ Supreme Court
decided:	2013-10-24
status:
citation:
Document Size:	138006

203 State v. Leslie Ann Nelson -- rank: 846

... penalty. She now appeals to this Court as of right. N.J.S.A. 2C:11-3e. We find error in the special verdict ... purposeful or knowing murder by her own conduct, contrary to N.J.S.A. 2C:39-4a. Defendant pled guilty to the two capital ...

docket:	a-29-01
court:
decided:	2002-07-30
status:
citation:	173 N.J. 417 803 A.2d 1
Document Size:	364949

204 Sam Hargrove, et. al. v. Sleepy’s, LLC -- rank: 846

... for purposes of the New Jersey Wage Payment Law (WPL), N.J.S.A. 34:11-4.1 to -4.14, and the New Jersey Wage and Hour Law (WHL), N.J.S.A. 34:11-56a to -56a38? This Court granted the petition ... ABC” test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether a plaintiff is ... to discern legislative intent. (pp. 10-12) 2. The WPL, N.J.S.A. 34:11-4.1 to -4.14, governs the time ... independent contractors and subcontractors shall not be considered employees.” N.J.S.A. 34:11-4.1(b). Although neither the text of ... the WPL as well. (pp. 13-15) 3. The WHL, N.J.S.A. 34:11-56a to -56a38, is designed to protect ...

docket:	A-70-12
court:	NJ Supreme Court
decided:	2015-01-14
status:
citation:	220 N.J. 289 106 A.3d 449
Document Size:	102970

205 State v. Nathaniel Harvey -- rank: 846

... s request for proportionality review of his death sentence, see N.J.S.A. 2C:11-3e, and now find no disproportionality. I FACTS ... DiFrisco , 142 N.J. 148 , 160 (1995) ( DiFrisco III ); see N.J.S.A. 2C:11-3e. "A capital sentence is excessive and thus ... is imposed on the defendant, rather than the State, because N.J.S.A. 2C:11-3e to limit the universe to those cases ...

docket:	a-146-97
court:	njsupreme
decided:	1999-06-03
status:
citation:	159 N.J. 277
Document Size:	308040

206 DEG, LLC v. Township of Fairfield, et al. -- rank: 846

... was no market area available due to local ordinances and N.J.S.A. 2C:34-7, which prohibits operation of a sexually oriented ... against Fairfield. DEG alleged that Fairfield's zoning ordinance and N.J.S.A. 2C:34-7 were unconstitutional and that the denial of ... held that DEG established a reasonable likelihood of proving that N.J.S.A. 2C:34-7, if applied to DEG's location, would ... prepared a second report concluding that DEG's business violated N.J.S.A. 2C:34-7 because it was located within 1,000 ... negotiations, Fairfield and DEG agreed to settle the challenge to N.J.S.A. 2C:34-7. Fairfield's township council approved the settlement ... authority to settle DEG's as-applied constitutional challenge to N.J.S.A. 2C:34-7. A municipality should not be required ...

docket:	a-116-07
court:
decided:	2009-03-25
status:
citation:	198 N.J. 229 966 A.2d 102
Document Size:	136626

207 Campione v. Adamar of New Jersey, Inc. -- rank: 846

... hands at once, or both.     Neither the Casino Control Act, N.J.S.A. 5:12-1 to -142 (Act), nor the CCC prohibits ... to its approval, casinos to adopt "Section 99 internal controls." N.J.S.A. 5:12-99.     To identify card counters, TropWorld employed a ... the Atlantic City Municipal Court charging plaintiff with disorderly conduct, N.J.S.A. 2C:18-3, "by remaining in the casino complex after ... One year later, the Legislature enacted the Casino Control Act. N.J.S.A. 5:12-1 to 152. The Act legalizes casino gambling ... and integrity of the regulatory process and of casino operations." N.J.S.A. 5:12-63, and the DGE conducts investigations and prosecutions, N.J.S.A. 5:12-76. State, Dep't Law & Public Safety ...

docket:	a-125-97
court:	njsupreme
decided:	1998-07-22
status:
citation:	155 N.J. 245
Document Size:	69731

208 Walter Sroczynski v. John Milek -- rank: 846

... or substantially complied with the statutory requirements set forth in N.J.S.A. 34:15-81 for cancelling a policy, by its use ... to the New Jersey Commissioner of Banking and Insurance. Under N.J.S.A. 34:15-81, to cancel workers’ compensation coverage, the insurance ... that the carrier provided the required notice to the employer. N.J.S.A. 34:15-89 provides that CRIB is responsible for establishing ... N.J. 272 (2007). HELD : A carrier does not satisfy N.J.S.A. 34:15-81 merely by transmitting electronic notice of cancellation ... notice was provided to the insured. 1. The language of N.J.S.A. 34:15-81 is clear, requiring carriers to file a ... cannot be effective in light of the unambiguous demands of N.J.S.A. 34:15-81. (p. 8) 2. This case does ...

docket:	a-68-07
court:
decided:	2008-12-17
status:
citation:	197 N.J. 36
Document Size:	115868

209 Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission -- rank: 846

... inconsistent with the legislative intent of the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6. On December 4, 2013 ... Service Act, including the spirit, intent, or plain meaning of N.J.S.A. 11A:3-1, N.J.S.A. 11A:4-1, or N.J.S.A. 11A:4-8.” The Legislature transmitted the concurrent resolution ... the duties of a title or group of titles.” N.J.S.A. 11A:4-1(a). Such “examinations may include, but ... be in the best interest of the career service.” N.J.S.A. 11A:4-2. Following a competitive examination, the Commission ...

docket:	a_47_16
court:	NJ Supreme Court
decided:	2018-08-08
status:
citation:
Document Size:	201566

210 In re Petition for Expungement of the Criminal Record Belonging to T.O. -- rank: 846

... State opposed T.O.’s petition and argued that N.J.S.A. 2C:52-2(a) barred expungement for individuals with multiple ... life of rectitude and disassociated himself with unlawful activity.” N.J.S.A. 2C:52-32. Not all convicted individuals, however, are eligible ... have any prior or subsequent conviction for another crime.” N.J.S.A. 2C:52-2(a) (2018) (emphasis added). The parties do ... statutory bar or that the petition should not be granted. N.J.S.A. 2C:52-14 outlines grounds for the denial of an ... the records. (pp. 24-25) 6. Under the version of N.J.S.A. 2C:52-2(a) in effect when the trial court ... a person freed from” limitations the expungement statute provides. See N.J.S.A. 2C:52-14(b); see also N.J.S. ...

docket:	a-55-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	63348