Search Rutgers Law Library N.J. Court Opinions

1936 Augustine W. Badiali v. New Jersey Manufacturer’s Insurance Group -- rank: 832

... of claims in which liability has become reasonably clear.” N.J.S.A. 17:29B-4(9)(f). An insurer’s breach of ... contractually and statutorily obligated to share this award equally. See N.J.S.A. 17:28-1.1(c). Harleysville paid its half, $14 ... to enforce the award. In a summary action pursuant to N.J.S.A. 2A:24-7, on April 16, 2010, the trial court ... attorney’s fees based on the prohibition of frivolous litigation. N.J.S.A. 2A:15-59.1. United, appearing as amicus curiae, also ... business practices in the area of insurance claims settlement. See N.J.S.A. 17:29B-4(9). Such practices include: “[r]efusing ... conducting a reasonable investigation based upon all available information[,]” N.J.S.A. 17:29B-4(9)(d); “[f]ailing to ...

docket:	A-48-12
court:	NJ Supreme Court
decided:	2015-02-18
status:
citation:	220 N.J. 544 107 A.3d 1281
Document Size:	81125

1937 DIVISION OF CHILD PROTECTION AND PERMANENCY v. Q.W and A.W. and M.T IN THE MATTER OF N.W. and A.W Minors -- rank: 832

... abuse or neglect by Mother and Father in violation of N.J.S.A. 9:6-8.21(c)(4)(b). On May 18 ... to have counsel appointed if indigent, in Title Nine cases. N.J.S.A. 9:6-8.43(a); see N.J.S.A. 9:6- 8.30(a). 'The right is also embodied ... himself had no 'constitutional right of self-representation,' and that N.J.S.A. 30:4C-15.4(a) did 'not explicitly grant a ... and that defendant may be required to accept services. See N.J.S.A. 9:6-8.50(a), (d), (e); N.J.S.A. 9:6-8.51(a); N.J.S.A. ...

docket:	a1406-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	96353

1938 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.I. -- rank: 832

... the child's best interest to preserve the family unit . . . ." N.J.S.A. 30:4C-1(a). While recognizing the fundamental nature of ... 103 N.J. at 604-11, is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State establish ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not ... best interests" test be "viewed in light of amendments to N.J.S.A. 30:4C-15, which brought New Jersey in conformity with ... placement to promote the child's well-being." Ibid. (citing N.J.S.A. 30:4C-11.1). To this end, "the attention and ... the court to consider alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a). This could include the ...

docket:	a1749-13
court:	superior court trial
decided:	2015-03-13
status:	unpublished
citation:
Document Size:	73970

1939 STATE OF NEW JERSEY v. IVAN G. MCKINNEY -- rank: 832

... third-degree endangering the welfare of a child by abuse, N.J.S.A. 2C:24-4(a)(2); third-degree possession of cocaine with the intent to distribute, N.J.S.A. 2C:35-5(a)(1), -5(b)(3); third-degree possession of oxycodone with the intent to distribute, N.J.S.A. 2C:35-5(a)(1), -5(b)(5); third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1); first-degree aggravated sexual assault during a kidnapping, N.J.S.A. 2C:14-2(a)(2)(c)(3); two counts ...

docket:	a1946-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-25
status:	unpublished
citation:
Document Size:	91367

1940 Estate of Stanley Kosakowski V. Director, Division of Taxation -- rank: 832

... of manifest injustice does not bar the retroactive application of N.J.S.A. 54:38-1 (“the Statute”). 22 N.J. Tax ... 2002) (emphasis added).] On July 1, 2002, the Legislature amended N.J.S.A. 54:38-1, making it retroactive to January 1, 2002. Oberhand , supra , 193 N.J. at 564; See N.J.S.A. 54:38-1. Against the foregoing legislative background, Stanley Kosakowski ... his wife predeceased him. Furthermore, prior to the amendment of N.J.S.A. 54:38-1, the decedents in Oberhand did not owe ... doctrine of manifest injustice must bar the retroactive application of N.J.S.A. 54:38-1 because Mr. Kosakowski relied on prior law ... alter his will to account for the retroactive application of N.J.S.A. 54:38-1. See Oberhand , supra , 193 N.J. ...

docket:	04620-05
court:
decided:	2011-04-11
status:
citation:
Document Size:	70553

1941 KEVIN MALANGA v. TOWNSHIP OF WEST ORANGE -- rank: 832

... custodian of records, violated the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to - 13, and his common law right ... Township. The Township 'is a 'public agency'' under OPRA. See N.J.S.A. 47:1A-1.1 (defining 'public agency' in part to ... custodian of the Tow nship for purposes of OPRA.' See N.J.S.A. 47:1A-1.1 (''Custodian of a government 1 Plaintiff ... of redevelopment' pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -89. See N.J.S.A. 40A:12A-5 (outlining the criteria under which '[a] delineated ... construed in favor of the public's right of access.' N.J.S.A. 47:1A-1. 'In keeping with that goal of ...

docket:	a2287-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-03
status:	Unpublished
citation:
Document Size:	55074

1942 State v. Mark Melvin -- rank: 832

... a nine-count indictment with the following: first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (Counts I and V); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (Count II); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (Count III); first-degree attempted murder, N.J.S.A. 2C:5-1 and :11-3 (Count IV); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (Count VI); third-degree unlawful possession of a controlled dangerous substance (CDS) (heroin), N.J.S.A. 2C:35-10(a)(1) (Count VII); third-degree ...

docket:	a-44-19
court:	NJ Supreme Court
decided:	2021-09-23
status:
citation:
Document Size:	88852

1943 Lisa Balducci v. Brian M. Cige -- rank: 832

... school district under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. The written retainer agreement seemingly ... and costs. LAD is one such fee-shifting statute. See N.J.S.A. 10:5-27.1; Pinto v. Spectrum Chems. & Lab. Prods ... to combat various forms of discrimination in our society. See N.J.S.A. 10:5-3; see also Caraballo v. City of Jersey ... reasonable attorney’s fee as part of the cost.” N.J.S.A. 10:5-27.1; see also Pinto, 200 N.J ... J. at 366 (“The LAD’s fee-shifting provision, N.J.S.A. 10:5-27.1, was intended to assure that counsel ...

docket:	a-54-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	86053

1944 L.J. ZUCCA, INC v. ALLEN BROS. WHOLESALE DISTRIBUTORS INC. -- rank: 832

... Cigarette Sales Act of 1952 ("the UCSA" or "the Act"), N.J.S.A. 56:7-18 to -38. Plaintiff now appeals from orders ... are calculated in accordance with a provision of the Act, N.J.S.A. 56:7-22, and a formula set forth in an ... tax stamps required by the New Jersey Cigarette Tax Act [ N.J.S.A. 54:40A-1 to -43] and any municipal ordinance, [and ... N.J.A.C. 18:6-3.1(b). Generally, N.J.S.A. 56:7-19 and N.J.A.C. 18:6 ... cost of doing business" for a wholesaler is presumed by N.J.S.A. 56:7-22(b) and N.J.A.C. 18 ... threatened violation, of any of the provisions of this act." N.J.S.A. 56:7-32(a). Standing to seek such injunctive ...

docket:	a2723-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-09
status:	published
citation:	434 N.J.Super. 60 82 A.3d 274
Document Size:	100123

1945 STATE OF NEW JERSEY v. JEROME L. FAUCETTE -- rank: 832

... 08-08-0865 with first-degree offenses of felony murder, N.J.S.A. 2C:11-3(a)(3) (count one); and robbery, N.J.S.A. 2C:15-1 (count two). The charges stem from an ... ineligibility period required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from his conviction and ... trial court charged first-degree robbery, addressing the elements of N.J.S.A. 2C:15-1(a) and (b), as well as accomplice ... The charge related the elements of accomplice liability, found in N.J.S.A. 2C:2-6(c)(1)(b) (providing that one is ... of 'aid' and 'purposely.' See 33 A-6123-11T 3 N.J.S.A. 2C:2-2(b)(1); Model Jury Charge (Criminal), ' ...

docket:	a6123-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-15
status:	published
citation:	439 N.J.Super. 241 108 A.3d 2
Document Size:	76216

1946 STATE OF NEW JERSEY IN THE INTEREST OF J.B. -- rank: 832

... would constitute the fourth-degree crime of criminal sexual contact, N.J.S.A. 2C:14-3(b). Jack also claims the court's ... probation and a requirement he comply with Megan's Law, N.J.S.A. 2C:7-1 to -23 — should be reversed. Based ... adult would constitute the crimes of third-degree criminal restraint, N.J.S.A. 2C:13-2(b), and fourth-degree criminal sexual contact, N.J.S.A. 2C:14- 3(b). More particularly, the complaint alleged that ... records pertaining to juveniles are protected from public disclosure under N.J.S.A. 2A:4A-60. We use pseudonyms to refer to the ... requirement he comply with the requirements of Megan's Law, N.J.S.A. 2C:7- -1 to -23. This appeal followed. Jack ...

docket:	a2360-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-03
status:	Unpublished
citation:
Document Size:	52277

1947 DEAN SMITH v. HUDSON COUNTY REGISTER and WILLIE J. FLOOD -- rank: 832

... in violation of both the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, and the common law. Defendants ... exceed certain fee levels identified in the second sentence of N.J.S.A. 47:1A-5(b). Because of the fiscal and administrative ... of these appeals. The critical statutory provision implicated here is N.J.S.A. 47:1A-5(b), which has been part of the ... permitted to charge the actual cost of duplicating the record. [ N.J.S.A. 47:1A-5(b).] A. Section 1A-5(b) of ... argument, plaintiffs place great emphasis on the first sentence of N.J.S.A. 47:1A-5(b), which calls for payment of "the ... not otherwise prescribed; and the fourth and final sentence of N.J.S.A. 47:1A-5(b), which authorizes the public agency ...

docket:	a2518-08
court:	NJ Superior Court Appellate Division
decided:	2010-02-10
status:	published
citation:
Document Size:	92707

1948 JOSE CARBAJAL v. NANCY V. PATEL -- rank: 832

... to obtain contribution under the Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5, from plaintiff's uninsured motorist ... precludes plaintiff's right under the Comparative Negligence Act (CNA), N.J.S.A. 2A:15-5.1 to -5.8, to full recovery ... UM carrier does not preclude plaintiff's full recovery under N.J.S.A. 2A:15-5.3(a) of the CNA, where the ... accordance with Rule 4:42-1(c) and relying on N.J.S.A. 2A:15-5.3(a), plaintiff's counsel submitted a ... sixty percent); or, if she must fully compensate plaintiff under N.J.S.A. 2A:15-5.3(a), then order the non-joint ... SIXTY PERCENT . . . RESPONSIBLE FOR THE TOTAL DAMAGES IN ACCORDANCE WITH N.J.S.A. 2A:15-5.3(a). POINT II THE TRIAL [ ...

docket:	a1999-19
court:	NJ Superior Court Appellate Division
decided:	2021-06-02
status:	Published
citation:
Document Size:	46613

1949 LEVIN PROPERTIES, L.P. v. HAMILTON TOWNSHIP PLANNING BOARD -- rank: 832

... the ordinance and this act, grant preliminary site plan approval." N.J.S.A. 40:55D-46b. "The object of site plan review is ... proposals for vehicular ingress to and egress from a site, N.J.S.A. 40:55D-7, 41(b)." Dunkin' Donuts of N . J ... approval upon a contribution to necessary off-site street improvements, N.J.S.A. 40:55D-42." Ibid. Throughout, this process, the Board is ... departure from regulations pursuant to article 8 of this act . . . . [ N.J.S.A. 40:55D-70c(2).] "No variance or other relief may ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. "A c(2) variance stands if, after ...

docket:	A3815-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-12
status:	unpublished
citation:
Document Size:	98066

1950 STATE OF NEW JERSEY v. THOMAS J. CAMPBELL, JR. -- rank: 832

... 649 with fourth-degree stalking of victim Kim Elizabeth Love, N.J.S.A. 2C:12-10b (count one); third-degree terroristic threats against victim George Samuel Jackson, II, N.J.S.A. 2C:12-3b (count two); third-degree terroristic threats against Love, N.J.S.A. 2C:12-3b (count three); first-degree purposeful and/or knowing murder of Jackson, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:39-4d (counts nine and ten); fourth-degree unlawful possession of a weapon, a knife, N.J.S.A. 2C:39-3e (count eleven); and fourth-degree possession ...

docket:	a6480-02
court:	njappellate
decided:	2005-12-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	170163