Search Rutgers Law Library N.J. Court Opinions

1621 Wade Stancil v. ACE USA -- rank: 835

... caused by the carrier’s delay in paying medical providers. N.J.S.A. 34:15-1 to -142 (the Act), is the exclusive ... proceedings.” Instead, the Legislature provided a remedy, codified at N.J.S.A. 34:15-28.2, that permits a compensation judge to ... be pursued in Superior Court. Additional enforcement tools provided in N.J.S.A. 34:15-28.2 permit compensation courts to impose costs ... defenses; and exclude evidence or witnesses. (pp. 15-22) 3. N.J.S.A. 34:15-28.2’s references to “other remedies ... cause of action is supported by the penalty provisions of N.J.S.A. 34:15-28.2, which allows for “other remedies ... based on defendant’s argument that the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142 (the Act), is the ...

docket:	A-112-10
court:	NJ Supreme Court
decided:	2012-08-01
status:
citation:	211 N.J. 276 48 A.3d 991
Document Size:	95466

1622 Amerada Hess Corporation n/k/a Hess Corporation v. Burlington County Planning Board -- rank: 835

... be found at 195 N.J. 616, . Original MSWord Version N.J.S.A. 40:27-6.7, a provision of the County Planning ... Court. The issue in this appeal is the meaning of N.J.S.A. 40:27-6.7, a provision of the County Planning ... s inaction had triggered automatic approval of its application under N.J.S.A. 40:27-6.7. The trial court granted summary judgment ... the timetable set forth in the County Planning Act (CPA), N.J.S.A. 40:27-6.7, the application is subject to automatic ... shall" result in an automatic approval of the application. Specifically, N.J.S.A. 40:27-6.7 provides that if the county planning ... be excused. (pp. 26-29) 7. Here, to comport with N.J.S.A. 40:27-6.7, the County Board had to ...

docket:	a-41-07
court:
decided:	2008-07-16
status:
citation:
Document Size:	142867

1623 State v. Allen Alexander -- rank: 835

... to charge on a lesser-included offense is governed by N.J.S.A. 2C:1-8(e). Under that statute, the trial court ... a verdict convicting the defendant of the included offense.” N.J.S.A. 2C:1-8(e). A party must request a charge ... of an instruction concerning “serious bodily injury” aggravated assault, N.J.S.A. 2C:12-1(b)(1). Under N.J.S.A. 2C:15-1(a), a person is guilty of robbery ... or threatens the immediate use of a deadly weapon.” N.J.S.A. 2C:15-1(b). Here, the State charged robbery as ... the commission of the robbery. By contrast, aggravated assault under N.J.S.A. 2C:12-1(b)(1) requires proof of an ...

docket:	a_49_16
court:	NJ Supreme Court
decided:	2018-04-30
status:
citation:
Document Size:	48537

1624 STATE OF NEW JERSEY v. ANDREW N. LAVRIK -- rank: 835

... indictment with two counts of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (counts one and two), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24- 4(a)(1) (count three), against J.B ... 22, and the Crime Victim's Bill of Rights (CVBR), N.J.S.A. 52:4B-34 to -38, confer victims standing to appeal ... status of defendant's guilty plea is 'inactive' pursuant to N.J.S.A. 2C:43-12(g)(3) and N.J.S.A. 2C:43-13(b) while defendant remains under supervisory treatment ... and protection' to crime victims and witnesses under the CVBR. N.J.S.A. 52:4B-35. The Legislature found '[t]hese rights ...

docket:	a1540-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-09
status:	Published
citation:
Document Size:	60796

1625 R.J. GAYDOS INSURANCE AGENCY, INC., t/a SCHUMACHER ASSOCIATES v. NATIONAL CONSUMER INSURANCE COMPANY, et al. -- rank: 835

... P.J.A.D. ����The Fair Automobile Insurance Reform Act ( N.J.S.A. 17:33B-15. The Act bars insurers from penalizing an ... the geographic location of the business written by the agent. N.J.S.A. 17:33B-18b. At issue is whether these provisions preclude ... applicants who were unable to procure coverage through ordinary means. N.J.S.A. 17:29D-1. Effective in 1973 was the New Jersey Automobile Reparation Reform Act ( N.J.S.A. 39:6A-1 to 35), which made automobile insurance compulsory ... Legislature adopted the New Jersey Automobile Full Insurance Availability Act ( N.J.S.A. 17:30E-1 to -24). The Act's articulated objectives ... excess of regulated rates on all risks not voluntarily written . . . ." N.J.S.A. 17:30E-2. Unlike the assigned risk system, the ...

docket:	a5601-97
court:	njappellate
decided:	2000-06-12
status:	published
citation:	331 N.J.Super. 458
Document Size:	56543

1626 /usr/local/share/www/libweb/collections/courts/appellate/a0254-18.opn.html -- rank: 835

... jury, after a four-day trial, of second-degree eluding, N.J.S.A. 2C:29-2(b), resulting from her leading police on ... assault. Defendant was indicted and charged with second-degree eluding, N.J.S.A. 2C:29-2(b), and fourth-degree obstruction, N.J.S.A. 2C:29-1. Prior to trial, the judge conducted a ... defendant not guilty. [New Jersey Model Criminal Jury Charges, Duress ( N.J.S.A. 2C:2-9) (rev. May 5, 1982).] A-0254-18 ... was erroneous because the judge incorrectly applied aggravating factor six. N.J.S.A. 2C:44-1(a)(6).8 Defendant is mistaken. At ... merit in defendant's argument. Affirmed. 9 Aggravating factor three, N.J.S.A. 2C:44-1(a)(3), considers the risk of ...

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court:
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Document Size:	72326

1627 IN THE MATTER OF THE CERTIFICATE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANTING PARTIAL RELEASE OF CONSERVATION RESTRICTIONS -- rank: 835

... the Conservation Restrictions and Historic Preservation Restriction Act (Preservation Act), N.J.S.A. 13:8B-1 to -9. The Preservation Act prohibits the ... Commissioner of the New Jersey Department of Environmental Protection (DEP). N.J.S.A. 13:8B-6. There are also restrictions on the property ... Acres Land Acquisition and Recreation Opportunities Act (Green Acres Act), N.J.S.A. 13:8A-35 to -55, and Garden State Preservation Trust Act (GSPTA), N.J.S.A. 13:8C-1 to -42. Both the Green Acres Act ... without approvals by the Commissioner and State House Commission (SHC). N.J.S.A. 13:8A-47(b)(1); N.J.S.A. 13:8C-32(b)(1). The GSPTA also prohibits ...

docket:	a2316-10
court:	NJ Superior Court Appellate Division
decided:	2017-03-22
status:	unpublished
citation:
Document Size:	94420

1628 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C and C.A.R -- rank: 835

... ONE, THREE, AND FOUR OF A-2656-19T1 3 THE N.J.S.A. 30:4C-15.1(a) TEST FOR TERMINATION OF PARENTAL ... BY CLEAR AND CONVINCING EVIDENCE A. DCPP DID NOT PROVE N.J.S.A. 30:4C- 15.1(a)(1), BECAUSE IT DID NOT ... B. DCPP DID NOT PROVE THE REASONABLE EFFORTS REQUIREMENT OF N.J.S.A. 30:4C- 15.1(a)(3) BY CLEAR AND CONVINCING EVIDENCE C. DCPP DID NOT PROVE N.J.S.A. 30:4C- 15.1(a)(4), THAT TERMINATION WOULD NOT ... later than twelve months after a child enters foster care. N.J.S.A. 9:6-8.54(b)(2); N.J.S.A. 30:4C-61.2(a); N.J. Div. of ...

docket:	a2656-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-14
status:	Unpublished
citation:
Document Size:	47632

1629 State v. Manuel B.Ortiz -- rank: 835

... by reason of insanity who are conditionally released pursuant to N.J.S.A. 2C:4-8(b)(2). New Jersey’s Code of ... findings, the Code also recognizes acquittal by reason of insanity. N.J.S.A. 2C:4-3(b). An acquittal by reason of insanity ... can be released without supervision and without conditions pursuant to N.J.S.A. 2C:4-8(b)(1). At the other end of ... in which case the defendant is civilly committed pursuant to N.J.S.A. 2C:4-8(b)(3). If the defendant is committed ... defendants acquitted by reason of insanity who are committed under N.J.S.A. 2C:4-8(b)(3) as well as for those ... who are released subject to supervision or conditions pursuant to N.J.S.A. 2C:4-8(b)(2), but not for those ...

docket:	a-109-06
court:
decided:	2008-01-17
status:
citation:	193 N.J. 278
Document Size:	71331

1630 STATE OF NEW JERSEY v. LLOYD LINDSEY -- rank: 835

... B. It charged defendant with first-degree kidnapping, contrary to N.J.S.A. 2C:13-(b)(1)-(2); first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(3); third-degree terroristic threats, contrary to N.J.S.A. 2C:12-3(a); third-degree possession of a weapon for unlawful purpose, contrary to N.J.S.A. 2C:39-4(d); fourth-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(d); and fourth-degree certain persons not to possess a weapon, contrary to N.J.S.A. 2C:39-7(a). Also in May of 2002, ...

docket:	a0815-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-03
status:	unpublished
citation:
Document Size:	58490

1631 JASMINE ROACH v. NEW JERSEY STATE PAROLE BOARD -- rank: 835

... because defendants are immune under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3. We affirm. I ... Rule 4:6-2(e), contending defendants were immune under N.J.S.A. 59:5-2(a). After oral argument, the trial court ... court dismissed plaintiff's complaint because defendants were immune under N.J.S.A. 59:5-2(a). We agree. A. Since 1972, N.J.S.A. 59:5-2 has stated in pertinent part: Neither a ... of immunity, not liability.' Ibid. Nothing in the language of N.J.S.A. 59:5-2 draws any distinction between ministerial and discretionary ... release or from the revocation of his parole or release.' N.J.S.A. 59:5-2(a). Thus, the plain language of ...

docket:	a2277-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-09
status:	unpublished
citation:
Document Size:	94397

1632 RUTGERS UNIVERSITY STUDENT ASSEMBLY v. MIDDLESEX COUNTY BOARD OF ELECTIONS -- rank: 835

... A.D. In this case, we address the constitutionality of N.J.S.A. 19:31-6.3(b), which requires all eligible persons ... burden upon plaintiffs' right to vote. Therefore, we conclude that N.J.S.A. 19:31-6.3(b) is constitutional, and we affirm ... eligible voter must register "in the manner" provided by law. N.J.S.A. 19:31-1. In pertinent part, N.J.S.A. 19:31-6.3(b), states: Any person entitled to ... Jersey's [twenty-one]-day advance-registration requirement, embodied in N.J.S.A. 19:31-6, severely burdens the right to vote of ... for summary judgment, the trial judge rejected plaintiffs' contention that [ N.J.S.A. 19:31-6.3(b)] should be subjected to ...

docket:	a4318-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	published
citation:	446 N.J.Super. 221 141 A.3d 335
Document Size:	81078

1633 State v. Rasul McNeil-Thomas -- rank: 835

... of eighty-five percent under the No Early Release Act, N.J.S.A. 2C:43-7.2. The Appellate Division reversed defendant’s ...

docket:	a-77-17
court:	NJ Supreme Court
decided:	2019-06-18
status:
citation:	238 N.J. 256 209 A.3d 845
Document Size:	96529

1634 STATE OF NEW JERSEY v. ERIC S. SMITH, JR. -- rank: 835

... degree possession with intent to distribute a controlled dangerous substance, N.J.S.A. 2C:35-5(b)(1), under count one of the ...

docket:	a0937-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-07
status:	Unpublished
citation:
Document Size:	64511

1635 RONALD C. REESE v. REBECCA WEIS -- rank: 835

... to be weighed when reviewing a claim for alimony. See N.J.S.A. 2A:34-23 (detailing a non-exclusive list of factors ... at "[t]he standard of living established in the marriage[,]" N.J.S.A. 2A:34-23b(4), requires a trial court to assess ... supra , 83 N.J. at 146 (citation omitted). See also N.J.S.A. 2A:34-23 (stating alimony orders "may be revised and ... order's provision denying her counsel fees. A. Relying on N.J.S.A. 2A:34-25, defendant argues the Legislature's statutory directive ... argument is meritless. In addition to the events defined in N.J.S.A. 2A:34-25, the Family Part's jurisdiction to modify ... alimony awards "as circumstances may require" is clearly defined in N.J.S.A. 2A:34-23. Moreover, alimony orders must be modified ...

docket:	a5557-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-07
status:	published
citation:	430 N.J.Super. 552 66 A.3d 157
Document Size:	87949