Search Rutgers Law Library N.J. Court Opinions

31 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.A.R and Y.R. and J.J.E -- rank: 848

... fact-finding hearing, the trial court entered an order under N.J.S.A. 9:6-8.21(c), finding Yogi abused or neglected ... the Division satisfied each prong of the best interests test, N.J.S.A. 30:4C-15.1, by clear and convincing evidence. The ... met its burden under prongs two, three, and four of N.J.S.A. 30:4C-15.1(a). She argues the judge relied ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, '[s]uch ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H. ...

docket:	a3263-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	53020

32 Liberty Insurance Corp. v. Techdan -- rank: 848

... for fraud under the IFPA, workers’ compensation premium fraud under N.J.S.A. 34:15-57.4, and common-law fraud. It also ... it were to find a pattern of fraudulent conduct under N.J.S.A. 17:33A-7(b) against any defendant, any compensatory damages ... argued that the jury should allocate fault in accordance with N.J.S.A. 2A:15-5.2(a)(2). Notwithstanding the prior judgeâ ... to allocate percentages of fault to defendants in accordance with N.J.S.A. 2A:15-5.2(a)(2). The Appellate Division also ... petition, 251 N.J. 41 (2022). 2 HELD: Pursuant to N.J.S.A. 2A:15-5.2(a) and -5.2(d), the ... that a new jury may apportion percentages of fault under N.J.S.A. 2A:15-5.2(a)(2). The Court does ...

docket:	a-52-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-15
status:
citation:
Document Size:	88191

33 In the Matter of the Adoption of a Child by J.E.V. and D.G.V. -- rank: 848

... of parental rights in contested proceedings under the Adoption Act, N.J.S.A. 9:3-37 to -56, are entitled to counsel under ... to appoint a guardian ad litem under the Adoption Act, N.J.S.A. 9:3-38(e), when the child’s best interests ... to counsel when the State initiates a termination case. See N.J.S.A. 30:4C-15.4(a). The issues are no less ... to terminate her parental rights. Id. at 475, 478 (citing N.J.S.A. 30:4C-15.4(a); N.J. Division of Youth ... appointed counsel in termination proceedings under the Adoption Act,” N.J.S.A. 9:3-37 to -56, which does not appear in ... the safety of children” is “of paramount concern.” N.J.S.A. 9:3-37. “Due regard” must also “ ...

docket:	A-39-15
court:	NJ Supreme Court
decided:	2016-07-26
status:
citation:	226 N.J. 90 141 A.3d 254
Document Size:	105624

34 State v. William L. Witt -- rank: 848

... and articulable suspicion to stop defendant because the relevant statute ( N.J.S.A. 39:3-60) requires drivers to dim their high beams ... an indictment with second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b), and second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). The police initiated a stop of ... “reasonable and articulable suspicion” to stop defendant for violating N.J.S.A. 39:3-60 because the statute requires drivers to dim ... ” within five hundred feet. Id. at 614-16 (quoting N.J.S.A. 39:3-60). The panel reasoned that the officer’s ... not challenge the validity of the motor-vehicle stop under N.J.S.A. 39:3-60 in either his brief or argument ...

docket:	A-9-13
court:	NJ Supreme Court
decided:	2015-09-24
status:
citation:
Document Size:	264557

35 Nancy L. Holm v. Daniel M. Purdy -- rank: 848

... defendant Daniel Purdy, an insurance broker, had a duty under N.J.S.A. 34:15-36 to inform the members of Holmdel Nurseries ... failed to provide to the LLC the notice mandated by N.J.S.A. 34:15-36 and that Christopher was unaware that he ... judgment at trial. 2 The Appellate Division reversed, holding that N.J.S.A. 34:15-36 imposes on an insurance broker a non ... of commission or omission” in order to recover damages, as N.J.S.A. 34:15-36 prescribes. Instead, the appellate court concluded that ... Informed by the Legislature’s expression of public policy in N.J.S.A. 34:15-36, the Court concurs with the Appellate Division ... purchase such coverage in order to obtain it. Consistent with N.J.S.A. 34:15-36, however, the Court holds that defendant ...

docket:	a-39-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-13
status:
citation:
Document Size:	84520

36 State v. Habeeb Robinson -- rank: 848

... detain a defendant pretrial. The Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26, has three principal components. First ... trial deadlines. The CJRA took effect on January 1, 2017. N.J.S.A. 2A:162-18(a) authorizes the court to order pretrial ... cause for murder or a crime subject to life imprisonment. N.J.S.A. 2A:162-19(b). When a prosecutor applies for pretrial detention, the defendant is held pending a hearing. N.J.S.A. 2A:162-19(d)(2). “In pretrial detention proceedings ... cause that the eligible defendant committed the predicate offense.” N.J.S.A. 2A:162-19(e)(2). A defendant can rebut a ... its decision must be supported by clear and convincing evidence. N.J.S.A. 2A:162-19(e)(3). At the hearing, “ ...

docket:	A-40-16
court:	NJ Supreme Court
decided:	2017-05-10
status:
citation:	229 N.J. 44 160 A.3d 1
Document Size:	184263

37 Hansen v. Rite Aid Corp. -- rank: 848

... reasonable attorney’s fee as part of the cost.” N.J.S.A. 10:5- 27.1 Noting that fee-shifting statutes are ... a “prevailing party” entitled to seek counsel fees under N.J.S.A. 10:5-27.1. 4 Accordingly, during each of the ... 11- 4, he had no right to such fees under N.J.S.A. 10:5-27.1. The Court notes that the Eleventh ... To fairly compensate plaintiff and to further the objectives of N.J.S.A. 10:5-27.1, some degree of increase in the ... award of fees and costs to a prevailing party under N.J.S.A. 10:5-27.1, the fee-shifting provision of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50. Pursuant to Rendine and ...

docket:	a-47-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:
citation:
Document Size:	82896

38 James R. Jarrell, et al. v. Richard A. Kaul, M.D., et al. -- rank: 848

... must obtain and maintain medical malpractice liability insurance pursuant to N.J.S.A. 45:9-19.17. Specifically, the court considers whether: (1 ... against Dr. Kaul based on his lack of insurance because N.J.S.A. 45:9-19.17 does not provide a private cause ... injured parties. For the same reasons, the panel concluded that N.J.S.A. 45:19-17(b), does not permit a direct action ... plaintiffs’ cross-petition. 216 N.J. 366 (2013). HELD: Under N.J.S.A. 45:9-19.17, an injured patient does not have ... or she could post a letter of credit. The statute, N.J.S.A. 45:9-19.17, was later amended to require physicians ... injured by negligent medical care. Thus, the Court concludes that N.J.S.A. 45:9-19.17 neither expressly nor implicitly recognizes ...

docket:	A-42-13
court:	NJ Supreme Court
decided:	2015-09-29
status:
citation:	223 N.J. 294 123 A.3d 1022
Document Size:	143253

39 State v. Quintin D. Watson -- rank: 848

... Middlesex County later indicted him for the robbery, contrary to N.J.S.A. 2C:15-1. On September 25, 2018, 20 months after ...

docket:	a-23-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-02
status:
citation:
Document Size:	130141

40 American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey \r\n\t\t\t \r\n\t\t \r\n \r\n\r\n\t\t\t\t\r\n -- rank: 848

... disclose records pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and a public entity subject ... not a public agency” as that term is defined by N.J.S.A. 47:1A-1.1. CPANJ also denied the ACLU’s ... this action, alleging that CPANJ is a public agency under N.J.S.A. 47:1A-1.1 because it is “an instrumentality ... CPANJ is not a public agency within the meaning of N.J.S.A. 47:1A-1.1 and that, because CPANJ’s 1 ... 396 (2023). HELD: CPANJ is neither a public agency under N.J.S.A. 47:1A-1.1 nor a public entity subject to ... public agency” or “agency” denote the entities specified in N.J.S.A. 47:1A-1.1, which include “any political ...

docket:	a_33_22
court:	supreme
decided:	2024-04-16
status:	Published
citation:
Document Size:	102386

41 NorthJersey Media Group, Inc. v. Township of Lyndhurst -- rank: 848

... to the trial court to reconsider NJMG’s request under N.J.S.A. 47:1A-3(a) and the common law. On remand ... of the investigation, when they were requested. 1. Under OPRA, N.J.S.A. 47:1A-1 to -13, “government records” are subject ... and (2) must “pertain[] to a criminal investigation.” N.J.S.A. 47:1A-1.1. The Attorney General’s Use of ... record must also “pertain[] to any criminal investigation.” N.J.S.A. 47:1A-1.1. Here, the actions of the police ... within the criminal investigatory records exception. (pp. 27-31) 4. N.J.S.A. 47:1A-3(b) requires the release of “information ... were not available to the public before the investigation began. N.J.S.A. 47:1A-3(a). Investigative reports prepared after a ...

docket:	A-35-15
court:	NJ Supreme Court
decided:	2017-07-11
status:
citation:	229 N.J. 541 163 A.3d 887
Document Size:	117487

42 STATE OF NEW JERSEY VS. CHRISTOPHER UDELL TEETER -- rank: 848

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. 1 The exact number of stab ... five-count Burlington County indictment with first-degree attempted murder, N.J.S.A. 2C:5-1(a)(1), and N.J.S.A. 2C:11-3(a)(1) and (2) (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count three); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count four); and fourth-degree ...

docket:	a3806-19
court:	appellate
decided:	2024-04-09
status:	Unpublished
citation:
Document Size:	100940

43 State v. Rami A. Amer -- rank: 848

... speedy trial rights under the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-1 to - 15, which is a congressionally sanctioned ... defendant was “unable to stand trial” for purposes of N.J.S.A. 2A:159A-6(a) while his pretrial motions were pending; that N.J.S.A. 2A:159A-3(a)’s 180-day period for ... written notice and request for a final disposition pursuant to N.J.S.A. 2A:159A-3(a). The 180-day period begins to ... that provision. The second IAD provision governing this appeal is N.J.S.A. 2A:159A-6(a), which states that certain time periods ... incapacity satisfies the “unable to stand trial” language of N.J.S.A. 2A:159-A - 6(a) is further undermined by ...

docket:	a-9-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:
citation:
Document Size:	64165

44 In the Matter of the Revocation or the Suspension of the Provisional Accreditation of and/or the Imposition of Probation on Eastwick College LPN-to-RN Bridge Program -- rank: 848

... paid to commissioners, and (b) health benefits for the commissioners. N.J.S.A. 40:41A-31 to -44 of the Optional County Charter ... accordance with the Municipal and County Utilities Authorities Law (MCUAL), N.J.S.A. 40:14B-1 to -78. Consistent with MCUAL requirements, the ... had violated requirements of the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21. The Authority held another meeting ... her unilateral action was contrary to and in violation of N.J.S.A. 40:14B-16. Likewise, the County Executive’s use of ... 5000 stipend) being paid to the commissioners since 1979 violated N.J.S.A. 40:14B-17 and must be declared void. However, in ... does not reveal a conflict between the two statutory schemes. N.J.S.A. 40:14B-16 establishes that the commissioners hold their ...

docket:	A-35-14
court:	NJ Supreme Court
decided:	2016-07-13
status:
citation:	225 N.J. 533 139 A.3d 1146
Document Size:	129841

45 Richard W. Berg v. Hon. Christopher J. Christie -- rank: 848

... forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5). The Pension Adjustment Act (PAA) started ... provided by way of separate legislation -- the Pension Adjustment Act, N.J.S.A. 43:3B-1 to -10. Contrarily, plaintiffs argue that by ... right” statute. See L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5). Qualifying members of the State’s ... under the laws governing the retirement system or fund.” N.J.S.A. 43:3C-9.5(b). By codifying that “non ... for whom the right has attached, cannot be reduced.” N.J.S.A. 43:3C-9.5(a). That legislative enactment underscored the ... COLAs are part of the “benefits program” protected by N.J.S.A. 43:3C-9.5 depends on whether the Legislature, ...

docket:	A-71-72
court:	NJ Supreme Court
decided:	2016-06-09
status:
citation:
Document Size:	174735