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91 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
92 State v. Ambrose A. Harris -- rank: 846
... as triggerperson. That distinction had death-eligibility consequences. According to N.J.S.A. 2C:11-3c, one who kills by his own conduct ...
docket: a-17-97
court: njsupreme
decided: 1998-07-30
status:
citation: 156 N.J. 122
Document Size: 286640
93 Investors Bank v. Javier Torres -- rank: 846
... enforce the lost note.” The Appellate Division affirmed, interpreting N.J.S.A. 12A:3-309 and invoking the equitable doctrine of unjust ... 594 (2019). 1 HELD: Relying on two statutes addressing assignments, N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, as well as common-law assignment principles ... of the Note to enforce the Note. The Court construes N.J.S.A. 12A:3-309 to address the rights of CitiMortgage as ... of unjust enrichment invoked by the Appellate Division. 1. In N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, which date from the nineteenth century, ...
docket: a-55-18
court: NJ Supreme Court
decided: 2020-07-01
status:
citation:
Document Size: 74158
94 Abbott v. Burke -- rank: 846
... and four-year olds in the poorest school districts (see N.J.S.A. 18A:7F-16 and the Commissioner's powers under N.J.S.A. 18A:7F-6b, the Court need not reach the constitutional ... should be handled under the procedures of the School Laws ( N.J.S.A. 18A:7A-1 to 7F-34), including access to both ... of 1975 (1975 Act), L. 1975, c. 212 (codified at N.J.S.A. 18A:7A-1 to -33 (repealed)), which this Court found ... Education Act of 1990. L. 1990, c. 52 (codified at N.J.S.A. 18A:7D-1 to -37 (repealed)). The Court, in 1994 ... and Financing Act (CEIFA). L. 1996, c. 138 (codified at N.J.S.A. 18A:7F-1 to -34). Plaintiffs challenged the new ...
docket: a-155-97
court: njsupreme
decided: 1998-05-21
status:
citation: 153 N.J. 480
Document Size: 391207
95 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
96 William DeSimone v. Springpoint Senior Living, Inc. -- rank: 846
... Court. The Court considers whether the refund provision contained in N.J.S.A. 56:8- 2.11 provides relief for all violations of ... limited solely to the food-related misrepresentations expressly proscribed in N.J.S.A. 56:8-2.9, which codified another section of the ... received or collected from” them by Springpoint. Plaintiffs relied on N.J.S.A. 56:8-2.11 in seeking that relief. Springpoint moved to dismiss, arguing that N.J.S.A. 56:8-2.11 applies only to misrepresentations regarding food ... 457 (2023). HELD: The refund provision is limited in scope: N.J.S.A. 56:8-2.11 provides relief only to victims of ... ” plaintiffs are not entitled to a full refund under N.J.S.A. 56:8-2.11. 1. From its enactment in ...
docket: a-37-22
court: NJ Superior Court Appellate Division
decided: 2023-01-10
status:
citation:
Document Size: 51997
97 State v. J.A.C. -- rank: 846
... is required to apply New Jersey’s Rape Shield Law, N.J.S.A. 2C:14-7 to a case in which defendant contended ... trial court found that the instant messages were protected by N.J.S.A. 2C:14-7, and permitted them to be used at ... A.’s instant messages constituted “sexual conduct” under N.J.S.A. 2C:14-7(f), regardless of whether the activity to ... this case constitutes “sexual conduct” within the meaning of N.J.S.A. 2C:14-7(f), and that content is therefore protected ... victim’s messages is substantially outweighed by its prejudice. 1. N.J.S.A. 2C:14-7 serves “to protect the privacy interests ... victims of sexual abuse. A series of amendments progressively strengthening N.J.S.A. 2C:14-7 clearly demonstrates the Legislature’s policy ...
docket: A-102-10
court: NJ Supreme Court
decided: 2012-06-14
status:
citation:
Document Size: 102943
98 /usr/local/share/www/libweb/collections/courts/supreme/a-4-21.opn.html -- rank: 846
... June 28, 2022 SOLOMON, J., writing for a unanimous Court. N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ... this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an investigatory ... suspicion of a tinted windows violation pursuant to adjacent statute N.J.S.A. 39:3-75. Defendant subsequently pled guilty to second-degree ... a reasonable and articulable suspicion of a motor vehicle violation. N.J.S.A. 39:3-75, which governs automotive safety glass, 1 does ... to window tint violations. Consistent with the plain language of N.J.S.A. 39:3-74, reasonable and articulable suspicion of a tinted ... Defendant was cited for a tinted windows violation pursuant to N.J.S.A. 39:3-74, which provides in pertinent part that ...
docket:
court: New Jersey Supreme Court
decided:
status:
citation:
Document Size: 52166
99 State v. Roger Covil -- rank: 846
... s answer filed in a civil forfeiture action pursuant to N.J.S.A. 2C:64-3(d) should not be admitted in his ... State v. Melendez, three provisions of the civil forfeiture statute -- N.J.S.A. 2C:64-3(d), -3(e), and -3(f) -- could ... an answer filed in a civil forfeiture action pursuant to N.J.S.A. 2C:64-3(f) is inadmissible in the claimant’s ... to distribute five ounces or more of cocaine, contrary to N.J.S.A. 2C:35- 5(a)(1) and (b)(1); second-degree conspiracy to distribute cocaine, contrary to N.J.S.A. 2C:35-5(a)(1) and (b)(1), N.J.S.A. 2C:5-2; and fourth-degree resisting arrest by ...
docket: a-35-36-18
court: NJ Supreme Court
decided: 2020-01-22
status:
citation:
Document Size: 73432
100 Estate of Hiram A. Gonzalez v. City of Jersey City -- rank: 846
... Jersey Tort Claims Act (TCA), the Good Samaritan Act, or N.J.S.A. 26:2B-16, a statute that immunizes officers from liability ... The immunities from liability provided by the Good Samaritan Act, N.J.S.A. 26:2B-16, and most TCA provisions invoked by defendants ... person, even where there is no duty to do so. N.J.S.A. 2A:62A-1.1 immunizes law enforcement officers -- absent gross ... not implicate the Good Samaritan Act. (pp. 14-16) 2. N.J.S.A. 26:2B-16 is similarly inapplicable here. That statute imposes ... determination that would allow their actions to be immunized under N.J.S.A. 26:2B-16. Additionally, they provided no assistance to Gonzalez ... him. This is not action or assistance as contemplated by N.J.S.A. 26:2B-16. (pp. 16-19) 3. Liability under ...
docket: a-19-20
court: NJ Supreme Court
decided: 2021-08-04
status:
citation:
Document Size: 71789
101 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 846
... the Fair Housing Act (FHA), L. 1985, c. 222; see N.J.S.A. 52:27D-302. With those regulations, the Council on Affordable ... mirroring the judicially crafted remedy. The FHA also created COAH, N.J.S.A. 52:27D-305, and provided it with rulemaking and adjudicatory ... the Fair Housing Act (FHA), L. 1985, c. 222. See N.J.S.A. 52:27D-302; Hills Dev. Co. v. Twp. of Bernards ... 1, 12 (1993) ( citing to Mount Laurel obligation found in N.J.S.A. 52:27D-302(a), (d), (e), -311(a), -314(a ... Further, the FHA created the Council on Affordable Housing (COAH), N.J.S.A. 52:27D-305, and provided it with rulemaking and adjudicatory ... call by enacting the FHA. L. 1985, c. 222; see N.J.S.A. 52:27D-302. B. The FHA created COAH and ...
docket: A-90-10
court: NJ Supreme Court
decided: 2013-09-26
status:
citation:
Document Size: 269213
102 K. Johnson v. Roselle EZ Quick LLC -- rank: 846
... this appeal, the Court considers whether a 2011 amendment to N.J.S.A. 39:6A-9.1 (2011 amendment), which allows a personal ... PIP benefits that it paid to plaintiff. GEICO relied on N.J.S.A. 39:6A-9.1, as it was written prior to ... Quick on his claim for bodily injury. GEICO relied on N.J.S.A. 39:6A-9.1, prior to the 2011 amendment. Plaintiff ... 2:2-1(a)(2). HELD: The 2011 amendment to N.J.S.A. 39:6A-9.1 does not expressly or implicitly present ... of subrogation. After the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 to -35 (No-Fault Act), was enacted ... through subrogation. As a result, in 1983, the Legislature enacted N.J.S.A. 39:6A-9.1, which expressly permits an automobile ...
docket: a-33-14
court: New Jersey Supreme Court
decided: 2016-01-05
status:
citation:
Document Size: 107061
103 State v. Danyell Fuqua -- rank: 846
... actual harm to a child to convict a defendant under N.J.S.A. 2C:24-4(a), endangering the welfare of children. In ... convicted defendant of endangering the welfare of children, contrary to N.J.S.A. 2C:24-4(a). The trial court denied defendant’s ... need not prove actual harm to children to convict under N.J.S.A. 2C:24-4(a). The Appellate Division affirmed, and the ... court and Appellate Division correctly determined that a conviction under N.J.S.A. 2C:24-4(a) can be sustained by exposing children to a substantial risk of harm. 1. N.J.S.A. 2C:24-4(a)(2) provides, in pertinent part: ... the child an abused or neglected child as defined in [ N.J.S.A.] 9:6-1, [ N.J.S.A.] 9:6- ...
docket: a_4_17
court: NJ Supreme Court
decided: 2018-08-09
status:
citation:
Document Size: 73525
104 Vandella Davis v. Devereux Foundation -- rank: 846
... negligence, they were barred by the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. The court further concluded that ... in statutes such as the Developmentally Disabled Rights Act (DDRA), N.J.S.A. 30:6D-1 to -12, regulations, and common law, which ... Network, and McClain. Barred by the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to –11, from recovering against Devereux ... N.J. at 102, the Developmentally Disabled Rights Act (DDRA), N.J.S.A. 30:6D-1 to -12, and N.J.A.C ... case law decided under the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1, because the CSAA creates a civil remedy ... 1987), and the Legislature’s purpose in enacting the DDRA, N.J.S.A. 30:6D-5a(1) and -9. Plaintiff contends that ...
docket: A-54-10
court: NJ Supreme Court
decided: 2012-02-29
status:
citation:
Document Size: 190954
105 New Jersey Society for the Prevention of Cruelty to Animals, et al. v. New Jersey Department of Agriculture, et al. -- rank: 846
... had two sections, the first of which was codified as N.J.S.A. 4:22-16.1. That section provides, in relevant part ... cruelty to, or inhumane care or treatment of, domestic livestock . . . . [ N.J.S.A. 4:22-16.1.] The bill also amended N.J.S.A. 4:22-16, which more generally defines the manner in ... the regulations that the Department was directed to promulgate. See N.J.S.A. 4:22-16(e). In addition, the bill extended the exemption granted in N.J.S.A. 4:22-16(a) for “[p]roperly conducted scientific ... the Department to consult with the Agricultural Experiment Station, see N.J.S.A. 4:22-16.1(a), reasoning that this also ...
docket: a-27-07
court:
decided: 2008-07-30
status:
citation: 196 N.J. 366
Document Size: 165088
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