Search Rutgers Law Library N.J. Court Opinions

1441 /usr/local/share/www/libweb/collections/courts/appellate/a1387a1388a1389a1390-14.opn.html -- rank: 837

... differences. New Jersey's statute of limitations for medical malpractice, N.J.S.A. 2A:14-2, is two years, subject to equitable tolling ... § 493.1 to 493.2001 (regulation of clinical laboratories); N.J.S.A. 45:9-42.1 to -42.25 ("Bio-analytical Laboratory and Laboratory Directors Act"); N.J.S.A. 45:9-42.26 to -42.45 ("New Jersey Clinical ... affect the crafting of a complaint). 17 See, e.g. , N.J.S.A. 2A:53A-26 and -27 (the affidavit of merit statute ... governing suits against professionals licensed in this state); see also N.J.S.A. 45:1-1 to -21.4 (stating general provisions related ... and occupations regulated by state boards of registration and examination); N.J.S.A. 45:9-1 to -58 (stating provisions related to ...

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1442 STATE OF NEW JERSEY v. CHRISTOPHER A. SMITH -- rank: 837

... defendant Christopher Smith on charges of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (counts one through three); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b) (count five); fourth-degree possession of ... firearm by a person under the age of twenty-one, N.J.S.A. 2C:58-6.1(b) (count six); and third-degree witness tampering, N.J.S.A. 2C:28-5(a) (count seven). Prior to trial, ...

docket:	a0220-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	69425

1443 State of New Jersey v. Guillermo Santamaria -- rank: 837

... one count of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14- 2(a); two counts of second-degree sexual assault, contrary to N.J.S.A. 2C:14- 2(c); and two counts of official misconduct, contrary to N.J.S.A. 2C:30-2. B. Before trial began, the prosecution, defense ... present in New Jersey common law and statutory law. See N.J.S.A. 2A:84A-19 (“[E]very natural person has a ... to a penalty or a forfeiture of his estate . . . .” N.J.S.A. 2A:84A-19. Defendant’s “right to refuse to ...

docket:	a-44-17
court:	New Jersey Supreme Court
decided:	2019-01-16
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Document Size:	54396

1444 /usr/local/share/www/libweb/collections/courts/appellate/a0252-18.opn.html -- rank: 837

... properly interpreted the New Jersey Gross Income Tax Act (Act), N.J.S.A. 54A:1-1 to 54A:10-12, when it held ... method for Federal income tax purposes.' Id. at 95 (quoting N.J.S.A. 54A:8-3(c)). According to the court, the I ... merely a timing statute. Therefore, it is not incorporated into N.J.S.A. 54A:8-3(c).' Id. at 100. The court found support for its decision in N.J.S.A. 54A:5-2, which permits the application of losses that ... it could not ''control the determination of . . . losses,' especially where N.J.S.A. 54A:5-2 does not incorporate nor reference 'federal accounting ... N.J. Tax at 404). The Tax Court stated that ' N.J.S.A. 54A:5-2 does not permit a carry- forward ...

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1445 In the Matter of John C. Johnson -- rank: 837

... prosecutor’s agent to the classified title of property clerk. N.J.S.A. 11:4-4(s) permitted the Cape May County Prosecutor ... the 1986 adoption of the Civil Service Act (the Act), N.J.S.A. 11A:1-1 to 11-6, the historical treatment and ... s agent should remain in the unclassified service pursuant to N.J.S.A. 11:3-4(l). In re Cnty. Prosecutor’s Agents ... of prosecutor’s agents permitted by each county pursuant to N.J.S.A. 11:4-4(s). Cape May was entitled to two ... on September 24, 1984. At the time of his appointment, N.J.S.A. 11:4-4(s) 1 permitted the Cape May County ... A. Following adoption of the Civil Service Act (the Act), N.J.S.A. 11A:1-1 to 11-6, the historical treatment ...

docket:	A-39-11
court:	NJ Supreme Court
decided:	2013-09-10
status:
citation:	215 N.J. 366 73 A.3d 440
Document Size:	77771

1446 /usr/local/share/www/libweb/collections/courts/supreme/a_45_22.html -- rank: 837

... a unanimous Court. In this appeal, the Court considers whether N.J.S.A. 18A:6-16 limits an arbitrator’s discretion to penalize conduct under the Tenure Employees Hearing Law (TEHL), N.J.S.A. 18A:6-10 to -18.1. Defendant, the Board of ... and then resumed her position on the floor. Pursuant to N.J.S.A. 18A:6-16, the Commissioner of Education deemed the charges ... Super. 416, 429 (App. Div. 2022). The appellate court interpreted N.J.S.A. 18A:6-16 to allow sustained tenure charges to result ... The Court granted certification. 254 N.J. 90 (2023). HELD: N.J.S.A. 18A:6-16 provides the basis to refer a case ... and Accountability for the Children of New Jersey Act (TEACHNJ), N.J.S.A. 18A:6-117 to -129. TEACHNJ eliminated the agency ...

docket:	a_45_22
court:	supreme
decided:	2024-02-12
status:	Published
citation:
Document Size:	43205

1447 STATE OF NEW JERSEY v. AARON LAMBERT -- rank: 837

... possess with intent to distribute a controlled dangerous substance (CDS), N.J.S.A. 2C:5-2 (count one); third-degree possession of a CDS, N.J.S.A. 2C:35-10a(1) (count two); third-degree possession with ... a CDS in a quantity less than one-half ounce, N.J.S.A. 2C:35-5b(3) (count three); third-degree possession with intent to distribute a CDS within a school zone, N.J.S.A. 2C:35-7 (count four); second-degree possession with intent ... public housing facility, a public park, or a public building, N.J.S.A. 2C:35-7.1 (count five); fourth-degree possession with intent to distribute drug paraphernalia, N.J.S.A. 2C:36-3 (count six); second-degree unlawful possession ...

docket:	a1483-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-16
status:	unpublished
citation:
Document Size:	64351

1448 /usr/local/share/www/libweb/collections/courts/appellate/a-57-20.opn.html -- rank: 837

... brokers and salespersons, are subject to different licensing requirements. See N.J.S.A. 45:15-3 (defining “real estate broker” and “real estate salesperson”); N.J.S.A. 45:15-9 (prescribing licensing requirements for real estate brokers ... provided to buyers and sellers to the Plain Language Law, N.J.S.A. 56:12-1 to -13. Id. at 475, 481. Real ... sales by the Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21 to -56. Calvert v. K. Hovnanian at ... Black’s Law Dictionary 160-61 (11th ed. 2019); cf. N.J.S.A. 12A:2-328(2) (a provision of the Uniform Commercial ...

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court:	NJ Superior Court Law/Chancery Division
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1449 State v. Barry Berry -- rank: 837

... Berry guilty of being leaders of a drug trafficking network, N.J.S.A. 2C:35-3, commonly referred to as the “kingpin� ... a narcotics trafficking network. Defendants appealed from their convictions under N.J.S.A. 2C:35-3, in part challenging the trial court’s ... that are expressed as material elements of the crime under N.J.S.A. 2C:35-3.” Id. at 575. The model jury charge for the kingpin statute and then N.J.S.A. 2C:35-3 itself were revised in keeping with Alexander ... First, the Alexander Court made it quite clear that under N.J.S.A. 2C:35-3, a drug trafficking network “need not ... Berry guilty of being leaders of a drug trafficking network, N.J.S.A. 2C:35-3, commonly referred to as the “ ...

docket:	a-8-22
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
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citation:
Document Size:	70597

1450 SHANA FAITH MASSACHI, as Administratrix and Administratix ad Prosequendum of the Estate of Sohayla Massachi and ANDY FULLER Administrator of the Estate of Pamala Joy Fuller v. AHL SERVICES, INC., USA SECURITY SERVICES, INC ARGENBRIGHT SECURITY, INC DA -- rank: 837

... judgment, finding that the City was immune from liability under N.J.S.A. 59:5-4, a section of the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3 (Act or TCA). N.J.S.A. 59:5-4 provides immunity for the failure of a ... do not address the City's alternate immunity claim under N.J.S.A. 59:5-4, but not under 324 N.J. Super ... failure to provide police protection, is entitled to immunity under N.J.S.A. 59:5-4. He reasoned that the facts in Sczyrek ... City also argued that it was entitled to immunity under N.J.S.A. 59:5-4, he commented, "having done so, it' ...

docket:	a1113-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-15
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Document Size:	73308

1451 STATE OF NEW JERSEY v. MICHAEL LAMAR LIVINGSTON -- rank: 837

... convictions (at a joint trial) for first-degree armed robbery, N.J.S.A. 2C:15-1 (count one), second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two), and third-degree unlawful possession of a weapon (a handgun without a permit), N.J.S.A. 2C:39-5(b) (count three). We affirm. I. A ... years imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one and a concurrent ... court found two aggravating factors, Delevry's risk of recidivism, N.J.S.A. 2C:44-1(a)(3), and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). The court also observed ...

docket:	a2674-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-10
status:	unpublished
citation:
Document Size:	82760

1452 LISA LOMBARDI v. ANTHONY A. LOMBARDI -- rank: 837

... in a support award. We agree. Alimony is authorized by N.J.S.A. 2A:34-23 and is governed by the factors enumerated in N.J.S.A. 2A:34-23(b). 4 It exists to "permit [one ... the award is 'fit, reasonable and just' to both parties, N.J.S.A. 2A:34-23, and properly balances each party's needs ... resources, and the parties' desires to commence their separate futures, N.J.S.A. 2A:34-23(c)." Gnall v. Gnall , 432 N.J ... greater entitlement to that standard of living than the other." N.J.S.A. 2A:34-23(b)(4). We therefore hold that the ... findings of fact and conclusions of law in that regard." N.J.S.A. 2A:34-23(b). We recognize that the court ...

docket:	a3624-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-12
status:	published
citation:	447 N.J.Super. 26 145 A.3d 709
Document Size:	82464

1453 CHRISTOPHER ALAN GALLAGHER v. MARYBETH GALLAGHER -- rank: 837

... was twenty-three, five years beyond the age of majority, N.J.S.A. 9:17B-3, and established "prima facie, but not conclusive ... age unless" a parent presents "sufficient proof" of specified circumstances. N.J.S.A. 2A:17-56.67(a)-(c). In any event, the ... of law when a child reaches 23 years of age." N.J.S.A. 2A:17-56.67(e). When a child reaches that ... justify converting child support into "another form of financial maintenance." N.J.S.A. 2A:17-56.67(e)(2). While inapplicable here, the ...

docket:	a1050-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-21
status:	unpublished
citation:
Document Size:	57948

1454 STATE OF NEW JERSEY v. CARLOS DELEVRY -- rank: 837

... convictions (at a joint trial) for first-degree armed robbery, N.J.S.A. 2C:15-1 (count one), second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two), and third-degree unlawful possession of a weapon (a handgun without a permit), N.J.S.A. 2C:39-5(b) (count three). We affirm. I. A ... years imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one and a concurrent ... court found two aggravating factors, Delevry's risk of recidivism, N.J.S.A. 2C:44-1(a)(3), and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). The court also observed ...

docket:	a2058-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-10
status:	unpublished
citation:
Document Size:	82749

1455 DAVID DIXON, JR., and CHADRICK GARRIS v. CEC ENTERTAINMENT, INC d/b/a CHUCK E. CHEESE v. DAMION BOGLE Third-Party -- rank: 837

... the motion." Id. at 5-6. The Punitive Damages Act, N.J.S.A. 2A:15-5.9 to -5.17 (the Act), provides ... and willful disregard of persons who foreseeably might be harmed." N.J.S.A. 2A:15-5.10. "'Wanton and willful disregard' means a ... satisfied the Act because of defendant's acts of concealment. N.J.S.A. 2A:15-5.10. Plaintiffs rely on La Bruno v ... responsibility against third [-]party defendant, Bogle." It essentially argues that N.J.S.A. 2A:15-5.2 of the Comparative Negligence Act and ... denied , 186 N.J. 242 (2006). The Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8 (the Act), requires ...

docket:	a2010-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-06
status:	unpublished
citation:
Document Size:	145328