Search Rutgers Law Library N.J. Court Opinions

1531 Lowe v. Zarghami -- rank: 837

... public employee entitled to notice under the Tort Claims Act, N.J.S.A. 59:1-1 to -14.4 (“TCA”) when an injured ... public employee entitled to notice under the Tort Claims Act, N.J.S.A. 59:1-1 to -14.4 ("TCA"). I.     A. The ... hospitals. Such affiliation agreements are provided for by statute. See N.J.S.A. 18A:64G-2. The affiliations provide places for UMDNJ to ... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9 of the TCA. That section permits a ... same degree of immunity the Act grants to public entities. N.J.S.A. 59:3-1c, now provides         c. A public employee is ... that injury.     The amendment also made the notice requirements under N.J.S.A. 59:8-3 applicable to both public entities and ...

docket:	a-192-97
court:	njsupreme
decided:	1999-06-07
status:
citation:	158 N.J. 606
Document Size:	68467

1532 In the Matter of Proposed Construction of Compressor Station \r\n -- rank: 837

... for a unanimous Court. In this appeal, the Court interprets N.J.S.A. 13:20-28(a)(11) (Exemption 11), a section of ... the DEP. N.J.A.C. 7:38-2.2; N.J.S.A. 13:20-30(a). The Highlands Act creates certain exemptions ... and any permitting rules or regulations imposed by the DEP. N.J.S.A. 13:20-28; N.J.A.C. 7:38-2 ... area has been declared a matter of great public importance, N.J.S.A. 13:20-2, and because a current challenge to the ... first statutory requirement for Exemption 11 is met here. See N.J.S.A. 13:20-28(a)(11). The second requirement -- that the ... the preservation area are chiefly to promote preservation and conservation, N.J.S.A. 13:20-10(b)(1) to (8), but the ...

docket:	a_24_23
court:	supreme
decided:	2024-08-05
status:	Published
citation:
Document Size:	52715

1533 DES CHAMPS LABORATORIES, INC v. ROBERT MARTIN -- rank: 837

... of whether the Industrial Site Recovery Act of 1993 ("ISRA"), N.J.S.A. 13:1K-6 to -14, the Site Remediation Reform Act of 2009 ("SRRA"), N.J.S.A. 58:10C-1 to -29, or any other statute authorizes ... as ISRA proclaims, "minimize governmental involvement in certain business transactions." N.J.S.A. 13:1K-7. Consequently, we invalidate the regulatory provisions in ... of appellant terminating its operations at the Livingston site. See N.J.S.A. 13:1K-9. Appellant also submitted, in connection with its ... Department a DQE affidavit from Mr. Des Champs, pursuant to N.J.S.A. 13:1K-9.7 and former N.J.A.C ... Investigation Report[.]" Pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.11z ("the Spill ...

docket:	a3235-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-06
status:	published
citation:	427 N.J.Super. 84 47 A.3d 25
Document Size:	79786

1534 STATE OF NEW JERSEY v. COREY J. BARBER - -- rank: 837

... conviction for driving under the influence (DUI) of a drug, N.J.S.A. 39:4-50(a). We reverse and vacate the conviction ... charges included: possession of less than fifty grams of marijuana, N.J.S.A. 2C:35-10(a)(4); failure to turn over a controlled dangerous substance to law enforcement, N.J.S.A. 2C:35-10(c); possession of drug paraphernalia, N.J.S.A. 2C:36-2; driving under the influence of marijuana, N.J.S.A. 2C:35-10(b). We granted the State's motion ... New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:61-31 to -56. The Law Division subsequently ...

docket:	a2044-19
court:	NJ Superior Court Appellate Division
decided:	2024-02-28
status:	Unpublished
citation:
Document Size:	62949

1535 STATE OF NEW JERSEY v. P.Z -- rank: 837

... to the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. The State seized these items ... a motion to forfeit defendant's weapons and FPIC under N.J.S.A. 2C:58-3(c)(5), contending that defendant's possession ... ISSUE WHEN THE STATE'S FORFEITURE PETITION DID NOT INCLUDE N.J.S.A. 2C:58- 3[(c)](3) AS A BASIS FOR FORFEITURE ... S MOTION TO DISMISS FOR THE STATE'S VIOLATION OF N.J.S.A. 2C:25-21(d)(3). POINT VII THE [JUDGE] ERRED ... be made by the judge regarding the emergency relief forthwith.' N.J.S.A. 2C:25- -28(g). The PDVA further provides: Emergency relief ... any firearm or other weapon enumerated in subsection r. of N.J.S.[A.] 2C:39-1, ordering the search for and seizure ...

docket:	a5083-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-22
status:	Unpublished
citation:
Document Size:	51331

1536 J.D. v. M.D.F. -- rank: 837

... Final Restraining Order under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. Based on J.D.â ... pp. 14-17) 2. Under the criminal statute addressing harassment, N.J.S.A. 2C:33-4, subsection a. requires proof of a single ... brought pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35, are conducted. First, we consider ... harassed plaintiff within the meaning of the applicable statute, see N.J.S.A. 2C:33-4c, and that the testimony about prior incidents ... complaint. III. New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, sets forth the Legislature’s ... deep and lasting emotional effects from exposure to domestic violence. [ N.J.S.A. 2C:25-18.] We have echoed the breadth of ...

docket:	a-115-09
court:	superior court trial
decided:	2011-07-28
status:
citation:
Document Size:	96681

1537 MADELINE KEYWORTH v. CAREONE AT MADISON AVENUE -- rank: 835

... Bender, are not privileged under the Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25, and 1 Judge ... New Jersey Nursing Home Responsibilities and Rights of Residents Act, N.J.S.A. 30:13-1 to -17, respondeat superior, negligent hiring, negligent ... Improvement Act 42 U.S.C. § 11101, et seq., N.J.S.A. 2A:84A-22.8, New Jersey Patient Safety Act N.J.S.A. 26:2H-12.23 et seq., C.A. [ex rel ... Improvement Act 42 U.S.C. § 11101, et seq., N.J.S.A. 2A:84A-22.8, Federal Quality Assurance A-3751-21 ... F.R. § 483.75, New Jersey Patient Safety Act N.J.S.A. 26:2H-12.23 et seq., C.A. [ex ...

docket:	a3751-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-15
status:	Published
citation:
Document Size:	54300

1538 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 835

... entities under the Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 to -23.24, other statutory schemes ... pursuant to the Spill Act, the Water Pollution Control Act, N.J.S.A. 58:10A-1 to -73, the New Jersey Uniform Fraudulent Transfer Act, N.J.S.A. 25:2-20 to -36, and New Jersey's common ... the Spill Act and the Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5. They alleged the named third ... any other person providing evidence of financial responsibility' pursuant to N.J.S.A. 58:10-23.11s; (4) held that plaintiffs had 'standing ... statutory contribution under the JTCL and the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8. OCC further ...

docket:	a2036-17
court:	NJ Superior Court Appellate Division
decided:	2021-12-27
status:	Unpublished
citation:
Document Size:	103693

1539 STATE OF NEW JERSEY v. C.S -- rank: 835

... mother. A grand jury indicted defendants for second-degree conspiracy, N.J.S.A. 2C:5-2 (count one); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (count two); second-degree aggravated assault, N.J.S.A. 2C:12-1b (count three); third-degree aggravated assault, N.J.S.A. 2C:12-1b (count four) and fourth-degree unlawful possession of a large capacity ammunition magazine, N.J.S.A. 2C:39-3j (count five). A jury acquitted defendants on ... of the lesser-included disorderly persons offense of simple assault, N.J.S.A. 2C:12-1a (count three); and third-degree aggravated ...

docket:	a0320-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-06
status:	unpublished
citation:
Document Size:	80394

1540 DCPP VS. J.N.B. AND C.D.R., IN THE MATTER OF THE GUARDIANSHIP OF C.N.-V.R. AND C.D.R. -- rank: 835

... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each ... the court to consider 'alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts' include, but ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] Courts do not measure reasonableness ... court to consider alternatives to the termination of parental rights. N.J.S.A. 30:4C-12.1. The statute 'does not permit the ...

docket:	a2849-21
court:	appellate
decided:	2024-06-26
status:	Unpublished
citation:
Document Size:	45341

1541 STATE OF NEW JERSEY v. NAGY A. IBRAHIM -- rank: 835

... degree distribution of a controlled dangerous substance ("CDS"), specifically cocaine, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(1); three counts of second-degree distribution of CDS, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(2); and three counts of third-degree possession of CDS, N.J.S.A. 2C:35-10a(1). At sentencing, the trial court granted ... entrapment must be proven by a preponderance of the evidence. N.J.S.A. 2C:2-12b; State v. Rockholt , 96 N.J. ...

docket:	a3177-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-08
status:	unpublished
citation:
Document Size:	86332

1542 State of New Jersey v. Hussan Moore -- rank: 835

... of second-degree aggravated assault. (pp. 11-13) 4. Under N.J.S.A. 2C:3-11b, brandishing a weapon to scare off a ... or alleviated by reason of any defense . . . provided by law." N.J.S.A. 2C:2-5. An accidental shooting, when viewed in the ... degree aggravated assault, is a permitted justification under the Code. N.J.S.A. 2C:2-3b. Similarly, the use of force for self ... a justifiable defense, provided that certain statutory preconditions are satisfied. N.J.S.A 2C:3-4a. Since an accidental shooting contemplates the total ... state "with respect to each material element of the offense." N.J.S.A. 2C:2-2a. One of the purposes of requiring proof ... be able to find shelter under the threat provision of N.J.S.A. 2C:3-11b once a gun discharges. II Final ...

docket:	a-218-97
court:	njsupreme
decided:	1999-06-02
status:
citation:	158 N.J. 292
Document Size:	78591

1543 STATE OF NEW JERSEY v. LENROY LAURANCE -- rank: 835

... trial, defendant Lenroy Laurance was convicted of first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) (count one); first-degree felony murder during a kidnapping, N.J.S.A. 2C:11-3(a)(3) (count two); first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) (count three); first-degree felony murder during a robbery, N.J.S.A. 2C:11-3(a)(3) (count four); first-degree carjacking, N.J.S.A. 2C:15-2(a)(4) (count five); first-degree felony murder during a carjacking, N.J.S.A. 2C:11-3(a)(3) (count six); second-degree ...

docket:	a3696-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	94640

1544 DIVISION OF YOUTH AND FAMILY SERVICES v. E.L., JR. and S.M.B IN THE MATTER OF THE GUARDIANSHIP OF E.J.L, O.S.L, L.A.L AND R.E.L Minors -- rank: 835

... the evidence was insufficient to satisfy the statutory requirements of N.J.S.A. 30:4C-15.1a. We disagree and affirm. I. Defendants ... was involved in an accident, charged with possession of marijuana, N.J.S.A. 2C:35-10A(4) and aggravated assault, N.J.S.A. 2C:12-1B(1) 3 The Division renewed treatment efforts ... the child's best interest to preserve the family unit[.]" N.J.S.A. 30:4C-1(a). This responsibility, in some cases, requires ... supra , 103 N.J. at 602-11, was codified at N.J.S.A. 30:4C-15.1a, and requires the State to establish ... N.J. Super. 451 , 487-88 (App. Div. 2012) (quoting N.J.S.A. 30:4C-15.1a(3)). Reasonable efforts depend upon ...

docket:	a1782-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-17
status:	Published
citation:
Document Size:	67636

1545 Bower v. Board of Education of the City of East Orange -- rank: 835

... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1 (“the statute”), which the Commissioner referred ... in the adjudicatory proceeding instituted by Bower was impermissible. 1. N.J.S.A. 18A:16-6.1 prescribes a two-part standard for ... after all charges against him were dismissed. The relevant statutes, N.J.S.A. 18A:16-6 and -6.1, provide that indemnification is ... on four counts of aggravated sexual assault in violation of N.J.S.A. 2C:14-2 and three counts of endangering the welfare of children in violation of N.J.S.A. 2C:24-4. Testimony before the grand jury from two ... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1. The Commissioner referred the matter ...

docket:	a-88-96
court:	njsupreme
decided:	1997-06-10
status:
citation:	149 N.J. 416
Document Size:	78721