Search Rutgers Law Library N.J. Court Opinions

196 State v. Bruce D. Sterling -- rank: 846

... July 13, 2002, defendant was charged with second-degree burglary, N.J.S.A. 2C:18-2; first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a; second-degree sexual assault, N.J.S.A. 2C:14-2c; third-degree aggravated assault, N.J.S.A. 2C:12-1b(2); third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b; second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a; and third-degree terroristic threats, N. ...

docket:	A-93-11
court:	NJ Supreme Court
decided:	2013-07-29
status:
citation:	215 N.J. 65 71 A.3d 786
Document Size:	150965

197 State v. John Chew -- rank: 846

... his death sentence" for later review, id. at 88; see N.J.S.A. 2C:11-3e, and now find no disproportionality. I Facts ... in expectation of the receipt, of anything of pecuniary value. N.J.S.A. 2C:39-4d.     At the penalty-phase trial, the defense ... also found ten mitigating factors under the statutory catchall factor, N.J.S.A. 2C:11-3e. We now find that defendant has not ... DiFrisco , 142 N.J. 148 , 160 (1995) ( DiFrisco III ); see N.J.S.A. 2C:11-3e. By this comparison, the Court seeks "'to ... compare with the defendant's case. The 1992 amendment to N.J.S.A. 2C:11-3e limits this comparison group to only those ...

docket:	a-148-97
court:	njsupreme
decided:	1999-06-03
status:
citation:	159 N.J. 183
Document Size:	224872

198 In the Matter of the Parentage of a Child by T.J.S. and A.L.S. -- rank: 846

... The issue is whether the New Jersey Parentage Act (Act), N.J.S.A. 9:17-38 to -59, which provides that an infertile ... rights she may have to the child, which by statute, N.J.S.A. 9:3-41(e), cannot occur until at least seventy ... 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 (“Section 44”), should be read gender ... L.S.’s exclusive remedy is adoption pursuant to N.J.S.A. 9:3-48.2. The Appellate Division affirmed, holding that ... render A.L.S. the mother of T.D.S, N.J.S.A. 9:17-41. The Appellate Division held that the ...

docket:	a-130-10
court:	New Jersey Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	110692

199 Janell Brugaletta v. Calixto Garcia, D.O. -- rank: 846

... boundaries of privileged material under the Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25c, and plaintiff’s ... the hospital performed the self-critical analysis in compliance with N.J.S.A. 26:2H-12.25(b) and its implementing regulations. Id ... provide for on- going personnel training related to patient safety. N.J.S.A. 26:2H-12.25(b); N.J.A.C. 8 ... analysis and the reporting of a SPAE to the DOH. N.J.S.A. 26:2H-12.25(f)(1), -12.25(g)(1 ... hospital performed its self-critical analysis in procedural compliance with N.J.S.A. 26:2H-12.25(b) and its implementing regulations. 448 ... boundaries of privileged material under the Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25c, and plaintiff’ ...

docket:	a_66_16
court:	New Jersey Supreme Court
decided:	2018-07-25
status:
citation:
Document Size:	97366

200 Liberty Mutual Insurance Co. v. Land -- rank: 846

... standard of proof under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30.     Rose Land owns a small ... standard of proof under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30. In December 2000, a tree ... the amount of premium dollars used to pay fraudulent claims. [ N.J.S.A. 17:33A-2.] As Justice Garibaldi acknowledged in 1992, “[i ... information concerning any fact or thing material to the claim. [ N.J.S.A. 17:33A-4(a)(1).] Other violations of the Act ... s initial or continued right or entitlement to a benefit, N.J.S.A. 17:33A-5b. Alternatively, IFPA authorizes the Commissioner to levy identical civil administrative penalties. N.J.S.A. 17:33A-5c. A party assessed with administrative penalties ...

docket:	a-125-04
court:	njsupreme
decided:	2006-03-14
status:
citation:	*CITE_PENDING*
Document Size:	83732

201 Antonio Chaparro Nieves v. Office of the Public Defender -- rank: 846

... threshold” for pain and suffering awards, as set forth in N.J.S.A. 59:9-2(d). This case arises out of the ... TCA barred the damages sought because Nieves failed to vault N.J.S.A. 59:9-2(d)’s verbal threshold. The motion ... TCA’s limitation on recovery for pain and suffering in N.J.S.A. 59:9-2(d), which Nieves failed to satisfy. The ... a pain and suffering damages claim under the strictures of N.J.S.A. 59:9-2(d). Defendants were entitled to summary judgment ... other political subdivision or public body in the State.” N.J.S.A. 59:1-3. The term “public employee” is also ... a public defender is to his or her individual client, N.J.S.A. 2A:158A-11, public defenders are performing a public ...

docket:	a-69-18
court:	NJ Supreme Court
decided:	2020-04-15
status:
citation:
Document Size:	64488

202 State v. Alfonso Herrerra -- rank: 846

... indictment contained the following allegations: third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); first-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) & (b)(1); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); third-degree aggravated assault on a police officer, N.J.S.A. 2C:12-1(b)(5); first-degree attempted murder, N.J.S.A. 2C:11-3(a)(1) & (2) & 2C:5-1; ...

docket:	A-121-10
court:	NJ Supreme Court
decided:	2012-08-07
status:
citation:	211 N.J. 308 48 A.3d 1009
Document Size:	122476

203 In re: Contest of November 8, 2011 General Election of Office of the New Jersey General Assembly, Fourth Legislative District -- rank: 846

... 1, 2011, Lovett filed an election challenge petition pursuant to N.J.S.A. 19:29-1 to -14, alleging that Mosquera was not ... 1 of the New Jersey Constitution, and its implementing legislation, N.J.S.A. 19:27-11.2. Pursuant to that process, the county ... the election, Lovett filed an Election Challenge Petition pursuant to N.J.S.A. 19:29-1 to -14, alleging that Mosquera was not ... to take place, in accordance with the procedure outlined in N.J.S.A. 19:27-11.2, at the next General Election on ... considered the appropriate remedy. Construing the term “incumbent” in N.J.S.A. 19:29-1 (“[t]he term incumbent means the ... the candidate whose election is challenged,” it found that N.J.S.A. 19:29-9 compelled the annulment of Mosquera’s ...

docket:	A-58-11
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:	210 N.J. 29 40 A.3d 684
Document Size:	328871

204 Barbara Basil, etc. v. Frank A. Wolf, et al. -- rank: 846

... the doctor as a third party was appropriate, pursuant to N.J.S.A. 34:15-40. (Pp. 19-25). 2. The Court rejects ... of the employer is the natural and proximate cause.” N.J.S.A. 34:15-1. Employers also are obliged to provide care ... section, and the employer shall be liable to pay therefor . . . . [ N.J.S.A. 34:15-15.] In this appeal, an employer satisfied both ... received a lump sum payment of $19,975 pursuant to N.J.S.A. 34:15-20 for his work-related disabling injury. After ... remedy is, in essence, an agreement between employer and employee, N.J.S.A. 34:15-7, which renders the workers compensation remedy an exclusive one. As N.J.S.A. 34:15-8 explains, [s]uch agreement [under Section ...

docket:	a-110-06
court:
decided:	2007-12-11
status:
citation:	193 N.J. 38
Document Size:	172332

205 /usr/local/share/www/libweb/collections/courts/supreme/a-2-19.opn.html -- rank: 846

... share of the cost of health care premiums mandated by N.J.S.A. 52:14-17.28c, they would negotiate employee health care ... if that premium share were part of their previous CNA. N.J.S.A. 18A:16-17.2. The Board and the Association negotiated ... achieved full implementation of the premium share set forth in N.J.S.A. 52:14-17.28c (Tier 4). After the 2011-2014 ... their health care at the full premium share required by N.J.S.A. 52:14-17.28c (Tier 4). The Board and the ... non-negotiable, the Court considers whether the plain language of N.J.S.A. 18A:16-17.2 evinces the Legislature’s intent to ... contributions to their health care benefits. (pp. 20-23) 2. N.J.S.A. 18A:16-17.2’s first sentence addresses “ ...

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206 In the matter of the Civil Commitment of R.F. -- rank: 846

... cases involving the Sexually Violent Predator Act (SVPA or Act), N.J.S.A. 30:4-27.24 to -27.38. At R.F ... a civil commitment hearing under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38, are entitled to ... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26. In order to commit someone, the ... also accompanied by mandatory registration requirements under Megan’s Law. N.J.S.A. 2C:7-2. (pp. 36-37) 5. The fact that ... the New Jersey Sexually Violent Predator Act (SVPA or Act), N.J.S.A. 30:4-27.24 to -27.38, a person previously ... that R.F. is subject to parole supervision for life, N.J.S.A. 2C:43-6.4; N.J.A.C. 10A: ...

docket:	A-10-12
court:	NJ Supreme Court
decided:	2013-03-19
status:
citation:	217 N.J. 152 85 A.3d 979
Document Size:	156957

207 Burgos v. State of New Jersey -- rank: 846

... be reduced once the right to them had attached. See N.J.S.A. 43:3C-9.5(a)-(b). The individual members of ... of Chapter 78, L. 2011, c. 78, the Legislature amended N.J.S.A. 43:3C-9.5(c). Chapter 78’s amendment to ... systems. They include the Police and Firemen’s Retirement System, N.J.S.A. 43:16A-1 to -68; the Public Employees’ Retirement System, N.J.S.A. 43:15A-1 to -161; the Teachers’ Pension and Annuity Fund, N.J.S.A. 18A:66-1 to -93; the State Police Retirement System, N.J.S.A. 53:5A-1 to -47; the Consolidated Police and ...

docket:	A-55-14
court:	NJ Supreme Court
decided:	2015-06-09
status:
citation:	222 N.J. 175 118 A.3d 270
Document Size:	209909

208 Bernice Pisack v. BC Towing, Inc. -- rank: 846

... which a towing company may charge a service fee.” N.J.S.A. 56:13-14(a) (2018). The Act then provided that ... as may be permitted by the director by regulation.” N.J.S.A. 56:13- 1 16(f)(1). The Director’s implementing ... In 2008, the Legislature enacted the Towing Act, codified at N.J.S.A. 56:13-7 to -23. The Court reviews key provisions ... the 2018 legislation, the Legislature added a new subsection to N.J.S.A. 56:13-16, which provides in pertinent part that no ... ” L. 2018, c. 165, § 3(i) (codified at N.J.S.A. 56:13- 16(i). The new section 16(i) took ... charge a fee not included within the Director’s schedule. N.J.S.A. 56:13-16(f)(1) (2017). After the amendment, ...

docket:	a-17-18-18
court:	NJ Supreme Court
decided:	2020-01-16
status:
citation:
Document Size:	65721

209 In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6 -- rank: 846

... matters, including “the general supervision of criminal justice,” N.J.S.A. 52:17B-98, and the power to “adopt rules ... administration of the [D]epartment, its officers and employees,” N.J.S.A. 52:17B-4(d). Over the years, multiple Attorneys General ... in the State to adopt guidelines consistent with the IAPP. N.J.S.A. 40A:14-181. Since 1991, each iteration of the IAPP ... which limits the disclosure of personnel and pension records. See N.J.S.A. 47:1A-10. Section 10, however, contains an important exception ... this regulation does not apply to “records enumerated in N.J.S.A. 47:1A-10 as available for public access.” N ... pp. 24-26) 4. Based on their statutory authority, see N.J.S.A. 52:17B-98 and -4(d), Attorneys General have ...

docket:	a-26-20
court:	NJ Supreme Court
decided:	2021-06-07
status:
citation:
Document Size:	111736

210 /usr/local/share/www/libweb/collections/courts/appellate/a-17-21.opn.html -- rank: 846

... J., writing for the Court. In 2020, the Legislature amended N.J.S.A. 2C:44-1 to add a new mitigating factor fourteen ... at the time of the commission of the offense.” N.J.S.A. 2C:44-1(b)(14). It provided that “[t ... but before oral argument on that appeal, the Legislature amended N.J.S.A. 2C:44-1(b) to include mitigating factor fourteen. The ... 248 N.J. 534 (2021). 1 HELD: The Court construes N.J.S.A. 2C:44-1(b)(14) to be prospective, finding in ... prior to the provision’s effective date. The Court views N.J.S.A. 2C:44-1(b)(14)’s legislative history to ... the new law’s effective date. The Legislature expressly based N.J.S.A. 2C:44-1(b)(14) on the CSDC’s ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	51048