Search Rutgers Law Library N.J. Court Opinions

1696 DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.B IN THE MATTER OF THE GUARDIANSHIP OF S.B., a minor -- rank: 835

... 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 care. N.J.S.A. 30:4C-15.1(a)(3); accord K.H.O ... the family of the child's progress, and facilitating visitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon ...

docket:	a0781-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-29
status:	unpublished
citation:
Document Size:	103837

1697 MAXIM WALDBAUM v. CHRISTINE WALDBAUM -- rank: 835

... judge].' The judge analyzed each statutory factor for alimony under N.J.S.A. 2A:34-23. Specifically, he noted the seventeen-year duration ... the child support guidelines nor applied the statutory factors under N.J.S.A. 2A:34-23 to reach the child support figures. 13 ... support obligations, and argued he had met the requirements of N.J.S.A. 2A:34-23(j)(2). Applying instead N.J.S.A. 2A:34-23(j)(1), the trial judge rejected plaintiff ... also asserts the trial judge incorrectly applied the factors of N.J.S.A. 2A:34-23(j)(2) in addressing his request to ... award that lacks consideration of the factors set forth in N.J.S.A. 2A:34-23(b) is inadequate[.]' Crews v. Crews, ...

docket:	a1838-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-01
status:	unpublished
citation:
Document Size:	144136

1698 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.L. -- rank: 835

... DYFS had not satisfied prongs one, two or four of N.J.S.A. 30:4C-15.1(a) as to defendant. R.L ... DYFS had not proven prongs (1), (2), and (4) of N.J.S.A. 30:4C-15.1(a) as to defendant, and we ... failed to meet its burden under the third prong of N.J.S.A. 30:4C-15.1(a), and held in abeyance his ... that the Division did not satisfy the necessary prongs of N.J.S.A. 30:4C-15.1(a)(1), (2) and (4), and ... In light of our holding that DYFS had not satisfied N.J.S.A. 30:4C-15.1(a)(1), (2) and (4), the ... It did so. Further, the trial court's consideration of N.J.S.A. 30:4C-15.1(a)(1), (2) and (4) ...

docket:	a6311-07
court:	superior court appellate division
decided:	2011-02-07
status:	unpublished
citation:
Document Size:	119400

1699 STATE OF NEW JERSEY v. D.M -- rank: 835

... Law Division dismissed counts nine (first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1)) and seventeen (second-degree attempted sexual assault, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:14-2(b)), and defendant pled guilty to count ... the welfare of a child by possession of child pornography, N.J.S.A. 2C:24-4(b)(5)(b)). The remaining counts were ... the following crimes: Count one: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1). Counts two, ten, and eleven: second-degree sexual assault, N.J.S.A. 2C:14-2(b). Count three: second-degree attempted ...

docket:	a3407-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-24
status:	unpublished
citation:
Document Size:	83772

1700 CITY OF CAPE MAY v. STEVEN DASH, et al. -- rank: 835

... Dashes for mesne profits. Notwithstanding the apparently mandatory requirement in N.J.S.A. 2A:35-2 to award such damages, the judge denied ... recreation place owned by the municipality and any building thereon." N.J.S.A. 40:61-1g. Municipalities bordering the Atlantic Ocean, like the ... the underlying power to lease its beachfront property in 1951. N.J.S.A. 40:60-42, quoted by the Court in Asbury Park ... the lease for public bid violated the clear language of N.J.S.A. 40:61-39 and -40, as a result of which ... lease the property for any period not exceeding five years, N.J.S.A. 40:61-36, but by virtue of other provisions in ... such lease was to go to "the highest responsible bidder," N.J.S.A. 40:61-39, and the City was required to ...

docket:	A1739-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-28
status:	unpublished
citation:
Document Size:	113536

1701 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.V. (deceased and M.G -- rank: 835

... four of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... to the amendments to the Kinship Legal Guardianship Act (KLG), N.J.S.A. 3B:12A-1 to -7, and that the trial court ... without a court order as authorized by the Dodd Act. N.J.S.A. 9:6-8.21 to -8.82. A-1233-21 ... 2020, M.G. stipulated to a neglect finding pursuant to N.J.S.A. 9:6-8.21(c)(2) and (4) based on ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The ... not do more harm than good. A-1233-21 13 [N.J.S.A. 30:4C-15.1(a).] These fact-sensitive factors ' ...

docket:	a1233-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-20
status:	Unpublished
citation:
Document Size:	52075

1702 MICHAEL GREEN VS GENERAL MOTORS CORPORATION & ET ALS -- rank: 835

... for the ordinary purposes for which" the car was used. N.J.S.A. 12A:2-314. A claim for strict liability, however, focuses ... its condition. Ibid.     Under the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 et seq. (PLA or the Act), the ... Committee Statement to Senate Bill No. 2805 (1987), reprinted following N.J.S.A. 2A:58C-1. The Act incorporated the standard from Suter ... The PLA used a shorthand reference to this standard in N.J.S.A. 2A:58C-2, but as is clear from the Senate ... the settling defendant, the fact finder cannot be asked, under N.J.S.A. 2A:15-5.2 or otherwise, to assess any proportionate ... a reasonably safe product, or the unavoidably unsafe product defense, N.J.S.A. 2A:58C-3a(3). Similarly, in a warning defect ...

docket:	a5756-95
court:	njappellate
decided:	1998-03-18
status:	published
citation:	310 N.J. Super. 507
Document Size:	105425

1703 PETR SHUMILIN v. HILLSIDE ESTATES, INC. -- rank: 835

... claim Hillside violated the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -227, by failing to comply with ... the requirements of the Predatory Towing Prevention Act (Towing Act), N.J.S.A. 56:13-7 to -23, and because defendant All Around ... 13 Towing, Inc., 240 N.J. 360, 367 (2020) (quoting N.J.S.A. 56:13-8(e)).4 The Legislature further found some ... where the consumer has no meaningful opportunity to withhold consent[.]' N.J.S.A. 56:13-8(b). The Legislature determined '[t]he legitimate ... providing appropriate protections' to persons who own or operate vehicles. N.J.S.A. 56:13-8(c). The primary focus of the Towing ... persons and damage to property for each accident and occurrence . . . .' N.J.S.A. 56:13-12(a).5 The statute also prohibits ...

docket:	a2682-19
court:	NJ Superior Court Appellate Division
decided:	2023-06-21
status:	Unpublished
citation:
Document Size:	54964

1704 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 835

... ounce or more of heroin is a second-degree crime. N.J.S.A. 2C:35-5(b)(2). On November 17, 2015, a ... of third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (counts one, six, eleven, fourteen ... of third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(3) (counts two, seven, twelve, fifteen ... twenty-one); six counts of third-degree distribution of heroin, N.J.S.A. 2C:35-5(b)(3) (counts three, eight, thirteen, sixteen ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (counts four and nine); two counts of ... degree distribution of CDS within 1000 feet of school property, N.J.S.A. 2C:35-7 (counts five and ten); second-degree ...

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1705 /usr/local/share/www/libweb/collections/courts/appellate/a2043-19.opn.html -- rank: 835

... discretionary immunity under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. In addition, plaintiff appeals ... could be liable for punitive damages under the Survival Act, N.J.S.A. 2A:15-3. Because we agree with the County that ... annually.' 2 The relevant part of that legislative package amended N.J.S.A. 52:17C-3(b) to require, among other things, establishment ... it was entered into pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 to -11, and that the parties intended ... as the Uniform Shared Services and Consolidation Act, codified at N.J.S.A. 40A:65-1 to 65-35. See Horsnall v. Washington ... death and survivorship complaint, pursuant to the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, and the Survival Act ...

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1706 STATE OF NEW JERSEY v. MICHAEL W. WILLIAMS -- rank: 835

... guilty of two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3); two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1); two counts of first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) and (2); third-degree terroristic threats, N.J.S.A. 2C:12-3(b); third-degree witness tampering, N.J.S.A. 2C:28- 5(a)(2); and fourth-degree impersonating a law enforcement officer, N.J.S.A. 2C:28-8(b). Defendant was sentenced to an ...

docket:	a4935-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-07
status:	Unpublished
citation:
Document Size:	72360

1707 STATE OF NEW JERSEY v. TERRY E. CAMPBELL -- rank: 835

... Terry E. Campbell was convicted of first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3(a)(1) (count one); two counts of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (counts two and three); fourth-degree giving false information to law enforcement, N.J.S.A. 2C:28-4(a) (count four); fourth-degree tampering with evidence, N.J.S.A. 2C:28-6(1) (count five); third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b) (count seven); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count eight); and fourth-degree ...

docket:	a0961-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-15
status:	unpublished
citation:
Document Size:	70715

1708 IN THE MATTER OF THE PARENTAGE OF A CHILD BY T.J.S. AND A.L.S. -- rank: 835

... issue is whether the New Jersey Parentage Act (Parentage Act), N.J.S.A. 9:17-38 to -59, recognizes an infertile wife as ... rights she may have to the child, which, by statute, N.J.S.A. 9:3-41(e), cannot occur until at least seventy ... vital statutory responsibilities" to record birth records correctly and legally, N.J.S.A. 26:8-23 to -40.26; (2) the Parentage Act ... L.S.'s exclusive remedy is stepparent adoption pursuant to N.J.S.A. 9:3-48. 2 On appeal, plaintiffs argue, as they ... where the child is born to the wife during marriage, N.J.S.A. 9:17-43(a), or by operation of law, where the wife is artificially inseminated with donor sperm, N.J.S.A. 9:17-44, should be read gender neutrally to ...

docket:	a4784-09
court:	superior court trial
decided:	2011-02-23
status:	Published
citation:	419 N.J. Super. 46 16 A.3d 386
Document Size:	67863

1709 CITY OF CAPE MAY v. STEVEN DASH, et al. -- rank: 835

... Dashes for mesne profits. Notwithstanding the apparently mandatory requirement in N.J.S.A. 2A:35-2 to award such damages, the judge denied ... recreation place owned by the municipality and any building thereon." N.J.S.A. 40:61-1g. Municipalities bordering the Atlantic Ocean, like the ... the underlying power to lease its beachfront property in 1951. N.J.S.A. 40:60-42, quoted by the Court in Asbury Park ... the lease for public bid violated the clear language of N.J.S.A. 40:61-39 and -40, as a result of which ... lease the property for any period not exceeding five years, N.J.S.A. 40:61-36, but by virtue of other provisions in ... such lease was to go to "the highest responsible bidder," N.J.S.A. 40:61-39, and the City was required to ...

docket:	A1613-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-28
status:	unpublished
citation:
Document Size:	113536

1710 Glen Reilly v. AAA Mid-Atlantic Insurance Co. -- rank: 835

... Appellate Division affirmed. The court noted that the enabling statute, N.J.S.A. 17:33B-14, which authorized the Department to create a ... or frustrate the policy embodied in the statute. The statute, N.J.S.A. 17:33B-14, was enacted in 1990 as part of ... good drivers” secure motor vehicle insurance in the voluntary market. N.J.S.A. 17:33B-2. (pp. 12-17) 2. In compliance with ... the Appellate Division affirmed. Reasoning that because the enabling statute, N.J.S.A. 17:33B-14, which authorized the Department to create a ... affirmed. Finding that the legislative history of the enabling statute, N.J.S.A. 17:33B-14, evidenced an intention to prevent “goodâ ... “at-fault” event within the meaning of the statute, N.J.S.A. 17:33B-14, or the regulation promulgated by the ...

docket:	a-122-06
court:
decided:	2008-05-14
status:
citation:	194 N.J. 474
Document Size:	91048