Search Rutgers Law Library N.J. Court Opinions

1006 DIVISION OF YOUTH AND FAMILY SERVICES v. K.A.J. and J.R.B IN THE MATTER OF THE GUARDIANSHIP OF T.J.B. AND J.N.B Minors -- rank: 841

... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon ...

docket:	a3944-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	77726

1007 COALITION FOR QUALITY HEALTH CARE, et al. v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, DIVISION OF INSURANCE, -- rank: 841

... the Legislature enacted the "Fair Automobile Insurance Reform Act"(FAIRA), N.J.S.A. 17:33B-1 to -63, which provided, among other reforms ... time reducing unnecessary costs" which had resulted in increased premiums. N.J.S.A. 39:6A-3.1a (the basic plan).] See footnote 1 ... necessary in order to effectuate the provisions of this . . . act." N.J.S.A. 39:6A-1.2.     Thereafter, on November 30, 1998, in ... administrative rule in violation of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -24. Substantively, appellants challenge various provisions ... statements; and (3) agency decisions and findings in contested cases.         [ N.J.S.A. 52:14B-2(e).]     In determining whether agency action constitutes ... requirement shall apply within ten days of the insured event.         [ N.J.S.A. 39:6A-3.1a and -4a.]     Of course the ...

docket:	a3312-99
court:	njappellate
decided:	2002-03-04
status:	published
citation:	348 N.J. Super. 272
Document Size:	102897

1008 IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF BORDENTOWN -- rank: 841

... for their 'fair share of low[-] and moderate[-]income housing.' N.J.S.A. 52:27D-311(a); see also N.J.S.A. 40:55D-8.7(a). A-0357-20 17 A ...

docket:	a0357-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-14
status:	Published
citation:
Document Size:	70103

1009 MID-MONMOUTH REALTY ASSOCIATES a New Jersey General Partnership v. METALLURGICAL INDUSTRIES, INC., a New Jersey Corporation; METALLURGICAL INTERNATIONAL, INC., a New Jersey Corporation; BRIA COMMUNICATIONS CORPORATION, a New Jersey Corporation IRA L -- rank: 841

... the DEP pursuant to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -14. The DEP required cleanup of ... individuals to manage site remediation projects without direct DEP oversight. N.J.S.A. 58:10C-7. Such a license has existed since 2009, under the Site Remediation Reform Act, N.J.S.A. 58:10C-1 to -29, however, as GNY's expert ... claims are governed by a six-year statute of limitations. N.J.S.A. 2A:14-1. However, a no action clause in an ... context of commercial general liability insurance. Plaintiff merely cites to N.J.S.A. 17:28-1.1(e)(1), which provides as follows ...

docket:	a0237-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	151174

1010 STATE OF NEW JERSEY v. FUQUAN STRIBLING -- rank: 841

... for any physical injuries. The grand jury indicted defendant under N.J.S.A. 2C:12-1(b)(1) for second-degree aggravated assault ... Officer Cruz (count one) and Officer Arrington (count two); under N.J.S.A. 2C:12-1(b)(2) for third-degree aggravated assault ... injury to Cruz (count three) and Arrington (count four); under N.J.S.A. 2C:12-1(b)(5)(a) for third-degree aggravated ... against Cruz (count five) and Arrington (count six); and under N.J.S.A. 2C:12-1(b)(6) for second-degree aggravated assault ... jury also charged defendant with second-degree eluding law enforcement, N.J.S.A. 2C:29-2(b) (count nine); fourth-degree obstruction of the administration of justice, N.J.S.A. 2C:29-1 (count ten); and third-degree possession ...

docket:	a1147-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-23
status:	unpublished
citation:
Document Size:	61883

1011 STATE OF NEW JERSEY v. KESHAUN D. EARLEY -- rank: 841

... County jury thereafter found defendant guilty of first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (Count One); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (Count Two); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (Count Three). Defendant filed post-trial motions ... parole ineligibility period pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2(a). The court merged Count Two ... sentence defendant without consideration of aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1) and (2). I. Shortly before ... aggravating factors one, the nature and circumstances of the offense ( N.J.S.A. 2C:44-1(a)(1)); two, the gravity of ...

docket:	a5051-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-17
status:	unpublished
citation:
Document Size:	79617

1012 BRENDA MILLER v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY - -- rank: 841

... District) was terminated in violation of her tenure rights under N.J.S.A. 18A:17-2, and the termination was void because it ... termination of petitioner's employment violated her tenure rights under N.J.S.A. 18A:17-2, we reverse. I. The relevant facts are ... were classified titles under the Civil Service Act (the Act), N.J.S.A. 11A:1-1 to 12-6. Effective July 2012, the ... alleged her termination was unlawful because she had tenure under N.J.S.A. 18A:17-2 in her position as a Confidential Assistant ... disposition in petitioner's favor finding petitioner had tenure under N.J.S.A. 18A:17-2 because she had been employed by the ... ALJ concluded petitioner's termination violated her tenure rights under N.J.S.A. 18A:17-2, and recommended petitioner's reinstatement. The ...

docket:	a0078-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-27
status:
citation:
Document Size:	44143

1013 IN THE MATTER OF COUNTY OF ATLANTIC -- rank: 841

... implementation of the New Jersey Employer-Employee Relations Act (Act), N.J.S.A. 34:13A-1 to -39. PERC is charged with safeguarding ... to pay salary/step increments an unfair labor practice. See N.J.S.A. 34:13A-5.4. In the second appeal, the Bridgewater ... since 1974. See L. 1974, c. 123 (1974), codified at N.J.S.A. 34:13A-5.4; see In re Galloway Twp. Bd ... successor agreement, was an unfair labor practice in violation of N.J.S.A. 34:13A-5.4(a)(1) and (5). PERC Galloway ... PERC Galloway decision in part based on the application of N.J.S.A. 18A:29-4.1. The statute bound school boards to ... 236). The Court drew a parallel between that principle and N.J.S.A. 34:13A-5.3. The statute stated then as ...

docket:	a2477-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-09
status:	published
citation:	445 N.J.Super. 1 135 A.3d 968
Document Size:	64722

1014 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Y.B. -- rank: 841

... prove by clear and convincing evidence the four prongs of N.J.S.A. 30:4C-15.1(a), and that the trial judge ... verified complaint and order to show cause under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, seeking care, custody ... her testimony "significant weight." With respect to prong one of N.J.S.A. 30:4C-15.1(a), the court cited defendant's ... argues that the Division failed to prove each prong of N.J.S.A. 30:14C-15.1(a) by clear and convincing evidence ... to the court's findings and conclusions with respect to N.J.S.A. 30:14C-15.1(a), and thereafter we consider defendant ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are ...

docket:	a0973-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-30
status:	unpublished
citation:
Document Size:	68341

1015 RACHEL A. PARSONS v. MULLICA TOWNSHIP BOARD OF EDUCATION -- rank: 841

... sue on their own behalf. Because defendants are immune under N.J.S.A. 59:6-4, we must reverse and remand. I. For ... and breach of duty under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3. 2 Defendants filed ... motion for summary judgment, claiming that they were immune under N.J.S.A. 59:6-4, and that Grasso was also immune under N.J.S.A. 18A:40-4.5. The trial court denied summary judgment ... We first address defendants' claim that Grasso is immune under N.J.S.A. 18A:40-4.5. This requires consideration of the statutes ... it included a chapter entitled "Health Promotion and Disease Prevention." N.J.S.A. 18A:40-. In that chapter, the Legislature included N. ...

docket:	a0643-14
court:	NJ Superior Court Appellate Division
decided:	2015-03-30
status:	published
citation:	440 N.J.Super. 79 111 A.3d 144
Document Size:	62443

1016 MELISSA C. MORRIS v. GREITZER AND LOCKS OF NEW JERSEY, L.L.C. -- rank: 841

... judgment dismissing her claim under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (CEPA); a June 10, 2005 ... clients, with no proof of the same." The judge summarized N.J.S.A. 34:19-3, the relevant CEPA provision. He further described ... fact and made out a prima facie CEPA case under N.J.S.A. 34:19-3c. Defendants counter that plaintiff did not meet ... 2) that he or she performed whistleblowing activity described in N.J.S.A. 34:19-3a, c(1) or c(2); (3) an ... N.J. 279 (2003). Kolb cited the relevant CEPA provision, N.J.S.A. 34:19-3, as it existed in 2000, 7 which ... at 475.] A plaintiff who brings a claim pursuant to N.J.S.A. 34:19-3c need not show that the employer ...

docket:	a4672-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-20
status:	Published
citation:
Document Size:	93835

1017 ALLSTATE NEW JERSEY INSURANCE COMPANY v. GREGORIO LAJARA -- rank: 841

... statutes, including the New Jersey Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30, by engaging in a widespread ... the patient's file to determine necessity, in violation of [ N.J.S.A. 13:35- - 2.6](m)(3) and (6).' The court ... Twp. of Lyndhurst, 229 N.J. 541, 570 (2017)); see N.J.S.A. 1:1-1. 'We do not add terms which may ... given their ordinary meaning , and the Legislature's definition in N.J.S.A. 39:6A-2(m) is consistent with that meaning: 'Medically ... treatment protocols, . . . and (3) does not involve unnecessary diagnostic testing. [N.J.S.A. 39:6A–2(m); see also N.J.A.C ... treatment is 'the most appropriate standard or level of service,' N.J.S.A. 39:6A-2(m), the words '[v]erify the ...

docket:	a1151-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-08
status:	Unpublished
citation:
Document Size:	64912

1018 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 841

... permit authorizing certain retired law enforcement officers to carry handguns. N.J.S.A. 2C:39-6 l (1)-(4). 1 These special carry ... LEOSA)], Pub. L. No. 108-277, domiciled in this State." N.J.S.A. 2C:39-6 l ; In re Casaleggio , 420 N.J ... who can demonstrate a "justifiable need" for carrying a handgun. N.J.S.A. 2C:58-4d. To acquire one, an applicant must show ... permit laws, both requested a hearing in the Law Division. N.J.S.A. 2C:39-6 l (5) . After consolidating the cases and ... questions presented are: 1) whether the "justifiable need" requirement of N.J.S.A. 2C:58-4d violates the Second Amendment ; 2) whether subsection l of N.J.S.A. 2C:39-6 arbitrarily distinguishes between eligible retired officers ...

docket:	a3704-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	433 N.J.Super. 560 81 A.3d 728
Document Size:	171384

1019 STATE OF NEW JERSEY v. CHRISTOPHER HARRIS, -- rank: 841

... and without consenting to A-2256-19 4 enumerated in N.J.S.A. 2C:35-14(a). A Track Two candidate, in contrast ... prerequisites for special probation. R ather, the criteria enumerated in N.J.S.A. 2C:35-14(a) may be considered as relevant factors ... was subject to the presumption of imprisonment set forth in N.J.S.A. 2C:44-1(d) or previously was sentenced to state ... for the present conviction for which he (continued) admission. See N.J.S.A. 2C:35-14.2(b). We note that all of ... of first impression, that is, whether the special probation statute, N.J.S.A. 2C:35-14, was impliedly amended by subsequently-enacted statutory ... of treatment who do not voluntarily apply to Drug Court, N.J.S.A. 2C:35- 14.1 and N.J.S.A. ...

docket:	a2256-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-18
status:	Published
citation:
Document Size:	157525

1020 obert Buck v. James R. Henry, M.D. -- rank: 841

... majority of the Court. Under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, a plaintiff in a medical ... had additional time to submit an affidavit that conforms to N.J.S.A. 2A:53A-41. In the future, a physician defending against ... he was involved when rendering treatment to the plaintiff. 1. N.J.S.A. 2A:53A-41, enacted in 2004, contains requirements for a ... certified; and (3) a general practitioner. The beginning part of N.J.S.A. 2A:53A-41(a), which addresses the first two categories ... as a general practitioner, a psychiatrist’s affidavit would satisfy N.J.S.A. 2A:53A-41(b). It also was not illogical to ... support his claim. Buck made good faith attempts to satisfy N.J.S.A. 2A:53A-41 by filing affidavits from two specialists, ...

docket:	a-10-10
court:	NJ Supreme Court
decided:	2011-08-22
status:
citation:
Document Size:	96222