Search Rutgers Law Library N.J. Court Opinions

1756 STATE OF NEW JERSEY v. JOHN B. RIVERA -- rank: 833

... offenses and motor vehicle violations, including driving while intoxicated, (DWI), N.J.S.A. 39:4-50(a); reckless driving, N.J.S.A. 39:4-96; careless driving, N.J.S.A. 39:4-97; and failure to wear a seatbelt, N.J.S.A. 39:3-76.2. Shortly thereafter, defendant was charged in an Atlantic County indictment with second-degree vehicular homicide, N.J.S.A. 2C:11-5(a); third-degree assault by auto, N.J.S.A. 2C:12- 1(c)(2); and third-degree possession ...

docket:	a3223-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:	Unpublished
citation:
Document Size:	58234

1757 STATE OF NEW JERSEY v. STEPHEN MAURRASSE -- rank: 833

... and Stephen Maurrasse were convicted of first-degree armed robbery, N.J.S.A. 2C:15-1(a), and third-degree possession of a weapon (knife) for unlawful purposes, N.J.S.A. 2C:39-4(d). Grant was sentenced to fifteen years ... ineligibility as prescribed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Maurrasse was sentenced to thirteen years ... defense counsel. At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). ...

docket:	a5470-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-13
status:	unpublished
citation:
Document Size:	65260

1758 State of New Jersey v. Askia Nash -- rank: 833

... counts of first-degree aggravated sexual assault of J.B., N.J.S.A. 2C:14-2(a)(1); two counts of second-degree endangering the welfare of a child, J.B., N.J.S.A. 2C:24-4; one count of third-degree terroristic threats against J.B., N.J.S.A. 2C:12-3; and one count of second-degree endangering the welfare of a child, K.L., N.J.S.A. 2C:24-4. 2 In large measure, the State’s ... son. 2 Nash was acquitted of sexually assaulting K.L., N.J.S.A. 2C:14-2(b). 3 Defendant was sentenced to two ...

docket:	a-36-11
court:	NJ Supreme Court
decided:	2013-01-22
status:
citation:	212 N.J. 518 58 A.3d 705
Document Size:	113255

1759 /usr/local/share/www/libweb/collections/courts/appellate/a2851-20.opn.html -- rank: 833

... DOC) violated New Jersey's Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to - 8. Having considered the parties' arguments ... Personnel' (DOC manual) promulgated by the DOC Commissioner pursuant to N.J.S.A. 30:1B-6. The forward to the DOC manual states ... complaint because he sufficiently pled a cause of action under N.J.S.A. 34:19-3(a)(1), (c)(1), and (c)(3 ... regulations promulgated pursuant to law, namely the [DOC manual],' see N.J.S.A. 34:19-3(a)(1) and (c)(1), and 'a matter of New Jersey public policy,' see N.J.S.A. 34:19-3(c)(3). Plaintiff further maintains the allegedly ... implicating 'the public health[,] safety[,] [and] welfare,' as required under N.J.S.A. 34:19- 3(c)(3). 'CEPA is a remedial ...

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1760 CHARLES L. BOVE , v. AKPHARMA INC. -- rank: 833

... strike defendants' affirmative defense under the Workers' Compensation Act (WCA), N.J.S.A. 34:15-1 to -146. Bove also appeals from an ... governed exclusively by the New Jersey Product Liability Act' (PLA), N.J.S.A. 2A:58C-1 to -11. In response to this letter ... accident arising out of and in the course of employment[.]' N.J.S.A. 34:15- -7. It authorizes benefits 'irrespective of the fault ... for an automatic entitlement to a limited recovery. Ibid. See N.J.S.A. 34:15-1 to -146. Similarly, the employer accepts strict ... as the person injured or killed, except for intentional wrong. [N.J.S.A. 34:15-8.] The statutory language of the WCA involving ... against a party are governed by the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. See also Rule 1:4- ...

docket:	a2342-17
court:	NJ Superior Court Appellate Division
decided:	2019-07-11
status:	Published
citation:
Document Size:	65943

1761 Allstate Insurance Company v. Northfield Medical Center, P.C. -- rank: 833

... a knowing violation of the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30. After a bench trial, Robert ... of the IFPA is amply supported in this record. 1. N.J.S.A. 17:33A-4(b) instructs that “[a] person or ... his submission of medical claims for reimbursement, in violation of N.J.S.A. 17:33A-4(a), (c). Proof of such violation need ... found to have violated the Insurance Fraud Prevention Act (IFPA), N.J.S. A. 17:33A-1 to -30, by assisting a New Jersey ... to violate any of the provisions of [the IFPA].” N.J.S.A. 17:33A-4(b). The Appellate Division concluded that the ... abortions were subject to the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 to -26, or instead were exempt ...

docket:	a-27-15
court:	New Jersey Supreme Court
decided:	2017-05-04
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citation:
Document Size:	106633

1762 STEPHEN LANZO, III v. CYPRUS AMAX MINERALS COMPANY -- rank: 833

... common law and the New Jersey Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to - 11. Plaintiffs claimed Mr. Lanzo contracted ...

docket:	a5711-17
court:	NJ Superior Court Appellate Division
decided:	2021-04-28
status:	Published
citation:
Document Size:	113275

1763 STATE OF NEW JERSEY v. MANFRED J. YOUNGER -- rank: 833

... murder conviction, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and eighteen years on the attempted ... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); factor six, the extent of ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and factor nine, the need ... for deterring the defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(9). As to factor three, the ...

docket:	a0805-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-11
status:	unpublished
citation:
Document Size:	83725

1764 STATE OF NEW JERSEY v. GERALD B. WILSON -- rank: 833

... appeals from his convictions for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(c) (count one); second-degree child endangerment, N.J.S.A. 2C:24-4(a) (count two); two counts of third- degree witness tampering, N.J.S.A. 2C:28-5(a)(1) (counts three and four); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3(b) (counts five and six); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count seven); third- degree criminal restraint, N.J.S.A. 2C:13-2(a) (count eight); and second-degree ...

docket:	a0434-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-30
status:	Unpublished
citation:
Document Size:	59430

1765 /usr/local/share/www/libweb/collections/courts/supreme/a-76-20.opn.html -- rank: 833

... to have insured those entities, under the Direct Action Statute, N.J.S.A. 17:28-2. The Court also considers the effect of ... setting of this case. Based on the plain language of N.J.S.A. 17:28-2, however, Crystal Point’s claims against Kinsale ... which loss or damage the person insured is liable.” N.J.S.A. 17:28-2. The statute allows a victim to directly ... property caused by animals or by any vehicle drawn.” N.J.S.A. 17:28-2. By its plain terms, the statute applies ... person and for which the person insured is liable.” N.J.S.A. 17:28-2. Accordingly, the Direct Action Statute governs this ... the action not exceeding the amount of the policy.” N.J.S.A. 17:28-2. One of the “terms of ...

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1766 STATE OF NEW JERSEY v. JEROME BOYNTON -- rank: 833

... jury trial, defendant was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2(b), and third-degree child endangerment, N.J.S.A. 2C:24-4(a). He was sentenced to an aggregate ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, a special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4, and restrictions under Megan's Law, N.J.S.A. 2C:7-1 to -23. The convictions stemmed from an ... the judge found aggravating factors three and nine. 15 See N.J.S.A. 2C:44-1(a)(3) (the risk of re- ...

docket:	a2574-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-13
status:	Unpublished
citation:
Document Size:	64343

1767 STATE OF NEW JERSEY v. LAWRENCE P. PRICE -- rank: 833

... Price appeals his convictions for unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1), and resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2), arguing: POINT I THE TRIAL ... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE,' N.J.S.A. 2C:44-1(b)(14), AND BECAUSE THE TRIAL COURT ... argument regarding the retroactivity of newly-enacted mitigating factor fourteen, N.J.S.A. 2C44-1(b)(14). A-4775-18 3 I. The ... period of time before the commission of the present offense,' N.J.S.A. 2C:44-1(b)(7), and requested the judge ...

docket:	a4775-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-26
status:	Unpublished
citation:
Document Size:	67773

1768 /usr/local/share/www/libweb/collections/courts/appellate/a2813-18.opn.html -- rank: 833

... submit to a chemical breath test (refusal) in violation of N.J.S.A. 39:4-50.4a after his arrest for driving while under the influence of intoxicating liquor (DWI) under N.J.S.A. 39:4-50. Defendant contends his conviction for refusal should ... summons-complaint charged him with violating the implied consent statute, N.J.S.A. 39:4-50.2, instead of the refusal statute, N.J.S.A. 39:4-50.4a. Defendant also contends his conviction should ... station, the officer read defendant the standard statement required by N.J.S.A. 39:4-50.2(e) advising defendant of the consequences of a refusal to consent to a breath test. N.J.S.A. 39:4-50.2(e) A-2813-18T1 2 ...

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1769 TOZOUR ENERGY SYSTEMS, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 833

... the court. The New Jersey Sales and Use Tax Act, N.J.S.A. 54:32B-1 to -29 (the “Act”), imposes a ... retail sales of all tangible personal property not otherwise exempt. N.J.S.A. 54:32B-3(a). The Act also provides for a ... been or will be subject to New Jersey sales tax. N.J.S.A. 54:32B-6; Cosmair, Inc. v. Director, Div. of Taxation ... under the service contracts are subject to sales tax. See N.J.S.A. 54:32B-3(b)(4) (imposing a sales tax on ... of the parts in fulfilling its service contracts was taxable. N.J.S.A. 54:32B-3(a) imposes a tax on receipts from ... property purchased at retail is subject to the use tax. N.J.S.A. 54:32B-6. Therefore, whether plaintiff’s purchase or ...

docket:	07698-04
court:
decided:	2007-04-03
status:
citation:
Document Size:	64877

1770 Patricia Gilleran v. Township of Bloomfield -- rank: 833

... security exclusions of the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 to -13, preclude disclosure of the day� ... certain exceptions[] for the protection of the public interest.” N.J.S.A. 41:1A-1. It is the government’s burden to ... jeopardize security” or “would create a risk to” safety. N.J.S.A. 47:1A-1.1. The judgment of the Appellate Division ... to the Open Public Records Act (OPRA or the Act), N.J.S.A. 47:1A-1 to -13, and the common law right ... to the safety of persons, property, electronic data or software[.] [ N.J.S.A. 47:1A-1.1.] The wholesale release of videotape footage ... parties to attempt agreement on reasonable attorney’s fees under N.J.S.A. 47:1A-6. On July 1, 2014, the Township ...

docket:	A-15-15
court:	NJ Supreme Court
decided:	2016-11-22
status:
citation:
Document Size:	94142