Search Rutgers Law Library N.J. Court Opinions

1816 NEW JERSEY OF DIVISON OF CHILD PROTECTION AND PERMANENCY v. W.I.L -- rank: 833

... four prongs of the best-interests-of-the-child test, N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence ... 5 of the best-interests-of-the-child statutory test. N.J.S.A. 30:4C-15.1(a). That statute requires the Division ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). A-4701-16T1 10 ... placement would cause serious and enduring mental or emotional impairment. N.J.S.A. 30:4C-15.1(a)(2). Under this alternative approach ... 161 N.J. at 382 (finding the second prong from N.J.S.A. 30:4C-15.1(a) established partly based upon the ... court has considered alternatives to the termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). As a result, ...

docket:	a4701-16
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	42381

1817 ESTATE OF WILLIAM MASSI, ET AL. VS. BETTE BARR, ET AL. -- rank: 833

... the Law Division. Plaintiffs invoked the Tort Claims Act ('TCA'), N.J.S.A. 59:1-1 to :12-3, alleging that Monroe's ... the limitations of [the TCA].'' Ibid. (alteration in original) (quoting N.J.S.A. 59:1-2). '[T]he 'guiding principle' of the [TCA ... injury caused by the 'dangerous condition' of its public property. N.J.S.A. 59:4-2. The applicable standards for dangerous condition liability ... an injury under the general liability section of the TCA, N.J.S.A. 59:4-2, a plaintiff must prove several elements. As ... had actual or constructive notice of the dangerous condition under [N.J.S.A.] 59:4- 3 a sufficient time prior to the injury ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] The TCA defines a dangerous condition ...

docket:	a2005-21redacted
court:	appellate
decided:	2024-06-26
status:	Published
citation:
Document Size:	70782

1818 STATE OF NEW JERSEY v. MARSHA G. BERNARD, -- rank: 833

... degree conspiracy to distribute cocaine and financially facilitate criminal activity, N.J.S.A. 2C:5-2, N.J.S.A. 2C:21-25, and N.J.S.A. 2C:35-5; first-degree distribution of cocaine, N.J.S.A. 2C:35-5; and lesser-included second-degree financial facilitation of criminal activity (money laundering), N.J.S.A. 2C:21- A-3811-15T2 2 25. The jury could ... charge of being a leader of a narcotics trafficking network, N.J.S.A. 2C:35-3; and Davis appeals from the court' ...

docket:	a3811-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-06
status:	Unpublished
citation:
Document Size:	96627

1819 C.D.V.D.,1 v. B.K.T -- rank: 833

... this conclusion, the judge considered the statutory factors identified in N.J.S.A. 9:2-4(c), namely: the parents' ability to agree ... in Rules 4:42-9(a) and 5:3-5, N.J.S.A. 2A:34-23, and RPC 1.5(a), the judge ... 430 N.J. Super. 552, 568 (App. Div. 2013)). Under N.J.S.A. 9:2-2, a parent who seeks to remove a ... must demonstrate 'cause' for the removal. The legislative intent of N.J.S.A. 9:2-2 was ''to preserve the rights of the ... 0310-22 17 In Bisbing, the Court interpreted 'cause' under N.J.S.A. 9:2-2 as requiring the petitioning parent to satisfy the 'best interests analysis . . . set forth in N.J.S.A. 9:2-4(c), supplemented by other factors as ...

docket:	a0310-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-15
status:	Unpublished
citation:
Document Size:	55324

1820 STATE OF NEW JERSEY v. SCOTT ROBERTSON -- rank: 833

... of driving while under the influence of intoxicating liquor (DWI), N.J.S.A. 39:4-50. Defendant's appeal pertains mainly to the ... producing the .13 BAC result, he was charged with DWI, N.J.S.A. 39:4-50, as well as failure to maintain a lane, N.J.S.A. 39:4-88(b), and reckless driving, N.J.S.A. 39:4-96. The municipal court denied defendant's motion ... months — the minimum sanctions allowed under the circumstances. See N.J.S.A. 39:4-50(a)(1)(ii). Defense counsel requested a ... results were admissible to prove a per se violation of N.J.S.A. 39:4-50. Ibid. To demonstrate the device's ...

docket:	a0296-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-14
status:	published
citation:	438 N.J.Super. 47 102 A.3d 381
Document Size:	77917

1821 Kim Goulding v. NJ Friendship House, Inc. -- rank: 833

... those injuries unless a two-part exception is met. See N.J.S.A. 34:15-7. In this case, the Court considers whether ... or recreational event and that the two-part test of N.J.S.A. 34:15-7 was not satisfied. The Appellate Division affirmed ... event was not a social or recreational activity. Even if N.J.S.A. 34:15-7 was applicable here, Goulding would still have ... Conford, J.A.D., dissenting)). (pp. 11-15) 2. Under N.J.S.A. 34:15-7, added to the Act in 1979, an ... deemed a social or recreational activity as to that employee. N.J.S.A. 34:15-7 applies to “recreational or social activitiesâ ... Court adds that Goulding would be entitled to compensation under N.J.S.A. 34:15-7’s two-part test even if ...

docket:	a-48-19
court:	NJ Supreme Court
decided:	2021-02-08
status:
citation:
Document Size:	57527

1822 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.P.T and J.R.W -- rank: 833

... of a parent without a court order, as authorized by N.J.S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-2976-21 ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, the ... THE DIVISION] MET ITS BURDEN TO PROVE EACH ELEMENT OF N.J.S.A. 30:4C-15.1(a), AND THE JUDGMENT TERMINATING [DEFENDANT ... only be granted if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] 'The four ...

docket:	a2976-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:	Unpublished
citation:
Document Size:	48745

1823 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R. -- rank: 833

... charged with second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4. Following J.R.'s arrest, C.D ... statutory standards for terminating parental rights as set forth in N.J.S.A. 30:4C-15.1(a) (Act). The court entered its ... of the "best interests of the child" test, codified in N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... convincing' proof."). Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires the Division to prove ... has endangered the child's health and development." Ibid. (quoting N.J.S.A. 30:4C–15.1(a)(2)). Alternatively, this prong is ... led to the removal of the children from the home. N.J.S.A. 30:4C–15.1(a)(3). Also, the court ...

docket:	a2933-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-08
status:	unpublished
citation:
Document Size:	66548

1824 DIVISION OF YOUTH AND FAMILY SERVICES v. M.Y.J.P. et al. -- rank: 833

... did not prove each of the four required elements of N.J.S.A. 30:4C-15.1a; see also Division of Youth and ... seven years by the time the case was tried. Cf. N.J.S.A. 2A:34-28 to -52, the Uniform Child Custody Jurisdiction ... or visitation under the Uniform Child Custody Jurisdiction Act ("UCCJA") N.J.S.A. 2A:34-28 to -52, provided that a party receives ... of a child to his or her birth family. See N.J.S.A. 30:4C-61. But, as DYFS points out, there is ...

docket:	a3402-01
court:	njappellate
decided:	2003-05-27
status:	published
citation:	360 N.J. Super. 426
Document Size:	100033

1825 STATE OF NEW JERSEY v. ALVIN TAYLOR -- rank: 833

... convictions after a jury trial for second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count one); first- degree robbery, N.J.S.A. 2C:15-1 (count three); first-degree carjacking, N.J.S.A. 2C:15-2(a)(1) (count four); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(6) (count five); and third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a) (count six). 1 He also appeals ... years' imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm his convictions. However, ...

docket:	a5466-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	64050

1826 /usr/local/share/www/libweb/collections/courts/appellate/a3783-21.opn.html -- rank: 833

... that the statutory best interests cause of action codified at N.J.S.A. 30:4C-15.1(a) focuses on harmful parental conduct ... the kinship legal guardian of the child by the court.' N.J.S.A. 3B:12A-2. KLG transfers 'certain parental rights' to the ... parents' right to have some ongoing contact with the child.' N.J.S.A. 3B:12A-1(b). 3 Those amendments took effect on ... amendment to the termination of parental rights 'best interests' factors, N.J.S.A. 30:4C-15.1(a), was the deletion of the ... INTERESTS CAUSE OF ACTION TO TERMINATE PARENTAL RIGHTS, ENACTED AT N.J.S.A. 30:4C- 15(c) AND N.J.S.A. 30:4C-15.1(a)(1) to (4), AND ...

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1827 ARC FAMILY, LLC v. RALPH PARNES ASSOCIATES, INC. -- rank: 833

... on defendant's failure to procure adequate replacement cost coverage. N.J.S.A. 17:36-5.22 permits insurers to provide for extended ... 000 (insurance received) - $690,000 (30% of $2,300,000)). N.J.S.A. 2A:15-5.1 provides: [c]ontributory negligence shall not ... had it been properly obtained, minus any insurance proceeds received. N.J.S.A. 2A:15-5.1. In fact, as noted by the ...

docket:	a5411-05
court:	njappellate
decided:	2008-04-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	161723

1828 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 833

... brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (Spill Act), and The Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5. The New Jersey Department of ... in 1993, pursuant to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -18. ISRA was enacted in 1993 ... obligations before selling or otherwise transferring ownership of the property. N.J.S.A. 13:1K-7. To effectuate a stock transaction in 1984 ... the Spill Act and the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -43. This 1988 litigation arose from ... protect and preserve the lands and waters of our State. N.J.S.A. 58:10-23.11a. With its passage, the Legislature ...

docket:	a4628-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-24
status:	unpublished
citation:
Document Size:	143689

1829 IMO The Estate of Herbert P. Lash, deceased/Fireman's Fund Insurance Company v. Manuel Lopez, Jr., et al., and the Estate of Hildegard Lash, deceased -- rank: 833

... responsible for counsel fees when sued on its own bond. N.J.S.A. 3B:15-5 provides for the conditions of the bond on intestate administration, and N.J.S.A. 3B:15-26 concerns proceedings to satisfy judgment on the ... they are required to obtain a surety bond, pursuant to N.J.S.A. 3B:15-1 to -6, as part of the administration ...

docket:	a-125-99
court:	njsupreme
decided:	2001-07-02
status:
citation:	169 N.J. 20
Document Size:	75037

1830 DIVISION OF CHILD PROETECTION v. R.L.M. -- rank: 833

... challenge aspects of the court's best interests findings under N.J.S.A. 30:4C-15.1(a)(1)-(4). Jim focuses on ... the Public Defender to implement this right to counsel. See N.J.S.A. 30:4C-15.4(a). The right is also embodied ... child's separate representation by a law guardian, required by N.J.S.A. 30:4C-15.4(b), does not always satisfy the ... civil commitment hearings under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. 426 N.J ... at 384. The Court relied on two statutory provisions: (1) N.J.S.A. 30:4-27.31, which expressly grants parties a right ... and "[t]he right to cross-examine witnesses," and (2) N.J.S.A. 30:4-27.29(c), which states that the ...

docket:	a2849-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-28
status:	published
citation:	450 N.J.Super. 131 160 A.3d 714
Document Size:	68495