Search Rutgers Law Library N.J. Court Opinions

1501 IMO Adoption of N.J.A.C. 7:1I -- rank: 837

... Landfill Facility Closure and Contingency Fund Act (the Closure Act), N.J.S.A. 13:1E-100 to -116. The primary issue is whether ... after Voorhees purchased it, the Legislature passed the Closure Act, N.J.S.A. 13:1E-100 to -116, which imposed liability on "owners ... Fund to provide recoupment of remediation expenses by eligible parties. N.J.S.A. 13:1E-105.     On October 30, 1986, pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1 to -20, the DEP unilaterally issued a ... was itself jointly and severally liable for closure costs under N.J.S.A. 13:1E-103.     In reaching that conclusion, the ECA relied ... the Closure Act to supplement the Solid Waste Management Act, N.J.S.A. 13:1E-1 to -37. The Legislature emphasized the ...

docket:	a-108-96
court:	njsupreme
decided:	1997-05-15
status:
citation:	146 N.J. 565
Document Size:	60254

1502 ELIZABETH KAWA v. WAKEFERN FOOD CORPORATION SHOPRITE SUPERMARKETS, INC. -- rank: 837

... supermarket. The complaint alleges violations of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, and also alleges breach of ... Taxation as provided by the Sales and Use Tax Act, N.J.S.A. 54:32B-1 to -29, the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 to 54:53-18, and the regulations ... to which expertise in matters involving taxation is desirable. See N.J.S.A. 2B:13-2(b) (setting forth the jurisdiction of the ... connection with the sale or advertisement of any merchandise . . . .” N.J.S.A. 56:8-2. The Consumer Fraud Act not only protects ... in purchasing merchandise from the defendants, all in violation of N.J.S.A. 56:8-2. It is further alleged that defendants ...

docket:	08717-06
court:
decided:	2008-04-03
status:
citation:
Document Size:	63233

1503 /usr/local/share/www/libweb/collections/courts/appellate/a-51-15.opn.html -- rank: 837

... appeal, the Court construes New Jersey’s equitable distribution statute, N.J.S.A. 2A:34-23(h) and -23.1, and considers the ... s petition for certification. 224 N.J. 245 (2016). HELD : N.J.S.A. 2A:34-23(h) authorizes the equitable distribution of Thiemeâ ... a partner in a civil union couple is entered.”   N.J.S.A. 2A:34-23(h). The statute reflects the public policy ... asset, such a ruling would contravene the plain language of N.J.S.A. 2A:34-23(h). The Court holds that the trial ... appeal, the Court construes New Jersey’s equitable distribution statute, N.J.S.A. 2A:34-23(h) and -23.1, and considers the ... concur with the trial judge and the Appellate Division that N.J.S.A. 2A:34-23(h) authorizes the equitable distribution of ...

docket:	A-51-15
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	108278

1504 /usr/local/share/www/libweb/collections/courts/appellate/002219-20.opn.html -- rank: 837

... as “the chief legislative body of the municipality.” N.J.S.A. 40:55D-4. Thus, the governing body of a municipality ... a tax appeal challenging the local property tax assessment. See N.J.S.A. 54:3-21 . Thus, by a taxpayer’s filing a ... a tax matter of. . . a county or municipal official.” N.J.S.A. 2B:13-2. Here, plaintiff charges that defendant’s adoption ... assessment falls within or outside the Chapter 123 corridor. See N.J.S.A. 54:1 - 35 a(a). Finally, the court would have ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	72914

1505 /usr/local/share/www/libweb/collections/courts/supreme/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 ...

docket:
court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	69895

1506 DIVISION OF CHILD PROTECTION AND PERMANENCY,1 v. D.G IN THE MATTER OF J.G. and R.G., minors -- rank: 837

... adjudication of abuse or neglect is governed by Title 9, N.J.S.A. 9:6-8.21 to -8.73, which is designed ... of Human Servs. , 157 N.J. 161, 171 (1999) (quoting N.J.S.A. 9:6-8.8). An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c), and the proofs necessary to ... W.R. , 205 N.J. 17, 32 (2011); see also N.J.S.A. 9:6-8.46(b) ("In a fact-finding hearing ... his clinicians. The child's statements regarding abuse are admissible, N.J.S.A. 9:6-8.46(a)(4), but may not be ... within the purview of this rule. In Title Nine matters, N.J.S.A. 9:6-8.46 authorizes admission of any writing, ...

docket:	a5618-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	56582

1507 /usr/local/share/www/libweb/collections/courts/appellate/a-67-12.opn.html -- rank: 837

... defendant was indicted for two counts of first-degree murder, N.J.S.A. 2C:11-3(a)(1),(2); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(1). Defendant’s trial commenced on ... percent parole ineligibility period under the No Early Release Act, N.J.S.A. 2C:43-7.2, on each of the two first ... subsequent to the delivery of your charge, be aware of N.J.S.A. 2C:1-9d(2).” A sentence added to ...

docket:	A-67-12
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:	218 N.J. 130 93 A.3d 739
Document Size:	107094

1508 IN THE MATTER OF REGISTRANT D.F.S. -- rank: 837

... be included on the sex offender Internet registry, pursuant to N.J.S.A. 2C:7-13(e), because at the time D.F ... his sexually offending conduct was repetitive and compulsive. 1 See N.J.S.A. 2C:47-3. The pertinent provision states: Notwithstanding the provisions ... moderate and who do not qualify under the enumerated exceptions. [ N.J.S.A. 2C:7-13(e) (emphasis added)]. We conclude that the trial judge correctly interpreted the statute, because N.J.S.A. 2C:7-13(e) requires that the information of a ... F.S. pled guilty to first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), for sexually molesting his step ... 2 The psychologist concluded that, for purposes of classification under N.J.S.A. 2C:47-3, D.F.S. had engaged in " ...

docket:	a0816-15
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	published
citation:	446 N.J.Super. 203 141 A.3d 324
Document Size:	57525

1509 DALILA CZUKERBERG v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK -- rank: 837

... Guinn alleging violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-3, (count one); wrongful termination (count two); intentional ... the motion judge affirmed her prior decision and highlighted that N.J.S.A. 2C:21- - 45 was the statute at issue. 4 On ... of the State of New Jersey as a defendant. 5 N.J.S.A. 2C:21-4 provides for 'Falsifying or tampering with records ... s CEPA claim. II. CEPA—via the various terms of N.J.S.A. 34:19-3—prohibits an employer from taking 'any retaliatory ... including any activity, policy or practice of deception or misrepresentation . . . . [N.J.S.A. 34:19-3(a).] CEPA also permits recovery for retaliation when, as described in subsection (c) of N.J.S.A. 34:19-3, an employee '[o]bjects to, or ...

docket:	a4955-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-26
status:	Unpublished
citation:
Document Size:	102659

1510 STATE OF NEW JERSEY v. MICHAEL SMART -- rank: 837

... CURIAM Defendant appeals from his convictions for first-degree racketeering, N.J.S.A. 2C:5-2, 2C:41-2c, and -2d; first-degree conspiracy to commit murder of A.P., N.J.S.A. 2C:5-2, 2C:11-3a(1), and -3a(2); third-degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2, 2C:35-5a(1), and 5b(2); first-degree attempted murder of A.C., N.J.S.A. 2C:2-6, 2C:5-1, and 2C:11-3 ... degree possession of a weapon (handgun) for an unlawful purpose, N.J.S.A. 2C:39-4a; third-degree unlawful possession of a weapon (handgun), N.J.S.A. 2C:39-5b; and fourth-degree resisting arrest, N. ...

docket:	a3660-08
court:	NJ Superior Court Appellate Division
decided:	2013-05-06
status:	unpublished
citation:
Document Size:	94622

1511 STATE OF NEW JERSEY v. TONY O. BRINSON -- rank: 837

... third-degree possession of a controlled dangerous substance (CDS), cocaine, N.J.S.A. 2C:35-10(a)(1) (count one); third-degree distribution of cocaine, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count two); third-degree possession of cocaine, N.J.S.A. 2C:35- 10(a)(1) (count three); third-degree distribution of cocaine, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count four); and second- ...

docket:	a3235-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-24
status:	unpublished
citation:
Document Size:	58488

1512 Bergen Commercial Bank v. Sisler -- rank: 837

... discrimination provision of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, as a basis for his ... discrimination provisions of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, as a basis for his ... c. 37.     Two sections of the LAD prohibit age discrimination. N.J.S.A. 10:5-4 provides in pertinent part:             All persons shall ... Super. 59 , 72 (App. Div. 1995). Sisler argues that because N.J.S.A. 10:5-4 and -12(a) protect “[a]ll persons ... at which persons qualify for this protection, the language of N.J.S.A. 10:5-4 and -12(a) is clear and does ... Estate of Post , supra , 282 N.J. Super. at 72. N.J.S.A. 10:5-2.1 (Section 2.1) which sets ...

docket:	a-179-97
court:	njsupreme
decided:	1999-02-24
status:
citation:	157 N.J. 188
Document Size:	79664

1513 WALTER MARTINEZ v. NANCY HERBST, D.D.S. -- rank: 837

... attempts to correct malpositions of the human teeth or jaws[.]" N.J.S.A. 45:6-19(5). The procedure can be performed by ... 6 The complaint indicated an affidavit of merit, required by N.J.S.A. 2A:53A-27, was attached. A copy, however, was not ... a result of the enactment of the "Patients First Act," N.J.S.A. 2A:53A-41 experts in medical malpractice cases must now ... 17 We recently recognized that the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires an affiant be an ... same category of professionals listed in the sixteen subsections of N.J.S.A. 2A:53A-26. A perfect match of credentials within the ... are trained to treat patients for the same injury. See N.J.S.A. 2A:53A-41 (the "Patients First Act"); Nicholas v. ...

docket:	a2418-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-15
status:	unpublished
citation:
Document Size:	83580

1514 STATE OF NEW JERSEY v. FLARLAS, LLC -- rank: 837

... violations of provisions of the Uniform Construction Code Act (UCCA), N.J.S.A. 52:27D-119 to -141, and its corresponding regulations. The ... an unsafe condition has been found to exist pursuant to N.J.S.A. 52:27D-132 and N.J.A.C. 5:23 ... was conducted in the Bloomingdale municipal court. R. 4:70; N.J.S.A. 2A:58-11(b) and N.J.S.A. 52:27D-138(d). Defendant did not dispute the existence ... that the municipal judge impose the maximum penalties permitted under N.J.S.A. 52:27D-138 to compel defendant's compliance and because ... a complaint charging a defendant with driving while intoxicated under N.J.S.A. 39:4-50, alleged the requisite essential facts where ...

docket:	a3775-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-09
status:	unpublished
citation:
Document Size:	53219

1515 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. J.R and A.S. and M.S IN THE MATTER OF THE GUARDIANSHIP OF K.A.R. AND K.S.R minors -- rank: 837

... each of the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). With regard to the first ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). She found "no evidence ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). With regard to services ... bond would not do more harm than good pursuant to N.J.S.A. 30:4C-15.1(a)(4) where both children were ... Division's] exploration of alter natives to termination pursuant to N.J.S.A. 30:4C-15.1(a)(3) was inadequate. 1. Improper ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. ...

docket:	a5521-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-10
status:	Published
citation:
Document Size:	100194