Search Rutgers Law Library N.J. Court Opinions

2176 /usr/local/share/www/libweb/collections/courts/appellate/a0432-17.opn.html -- rank: 830

... for three counts of first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) (counts one, two and three); two counts of first-degree kidnapping, N.J.S.A. 2C:13-1(a) (counts five and six); two A-0432-17T4 2 counts of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (counts seven and eight); first-degree carjacking, N.J.S.A. 2C:15-2(a)(1) (count four); fourth-degree aggravated assault by pointing a firearm, N.J.S.A. 2C:12-1(b)(4) (count nine); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39- 5(b) (count ten); and second-degree ...

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2177 /usr/local/share/www/libweb/collections/courts/appellate/a0086-18.opn.html -- rank: 830

... investigative reports pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The trial court denied the ... was immune from liability under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. Here, plaintiff alleged employees ... in accordance with the fair and uniform principles established herein.' N.J.S.A. 59:1-2. The TCA also states, '[a] public entity ... the same extent as a private individual under like circumstances.' N.J.S.A. 59:2-2(a). However, '[a] public entity is not ... a public employee where the public employee is not liable.' N.J.S.A. 59:2-2(b). The TCA further provides that '[a ... constituting a crime, actual fraud, actual malice, or willful misconduct.' N.J.S.A. 59:2-10. We are convinced the trial court ...

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2178 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. J.Y.D -- rank: 830

... judgment of conviction after pleading guilty to first-degree robbery, N.J.S.A. 2C:15-1, and second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1). Defendant argues the family part ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(A); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(B); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(B)(4); second-degree conspiracy, N.J.S.A. 2C:5-2(A)(1); first-degree carjacking, N. ...

docket:	a3221-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-09
status:	unpublished
citation:
Document Size:	80097

2179 STATE OF NEW JERSEY v. AZIKWA RUSTIN STATE OF NEW JERSEY v. ALQUAN HARRIS STATE OF NEW JERSEY v. JOSEPH N. WRIGHT, a/k/a NORMAN BLACK, and CURTIS GORDON -- rank: 830

... indictment, charging them with: first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:5-2(a)(1) to (2); second-degree conspiracy to possess a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) and N.J.S.A. 2C:5-2(a)(1) to (2); second-degree conspiracy to possess a handgun, N.J.S.A. 2C:39-5(b)(1) and A-2241-18T2 4 N.J.S.A. 2C:5-2(a)(1) to (2); first-degree ...

docket:	a2241-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-11
status:	Unpublished
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2180 /usr/local/share/www/libweb/collections/courts/supreme/a-66-18.opn.html -- rank: 830

... arbitration organization or prescribing a process for such a designation. N.J.S.A. 2A:23B-11(a), -15. Under principles of New Jersey ... or when an agreed-upon selection process has failed. See N.J.S.A. 2A:23B-11(a). The NJAA thus codifies the Legislatureâ ... general guidance as to how the arbitration will proceed. See N.J.S.A. 2A:23B-15(a) to (e). (pp. 15-18) 3 ... in the absence of contractual terms prescribing such procedures. See N.J.S.A. 2A:23B-11(a). The Court shares the Appellate Divisionâ ... the court may exercise its appointment authority in accordance with N.J.S.A. 2A:23B-11 on the application of either party, and ... conduct the arbitration in accordance with the procedures described in N.J.S.A. 2A:23B-15. In short, the Agreement at issue ...

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2181 RobertSipko v. Koger, Inc. -- rank: 830

... did not find that Robert was an oppressed shareholder under N.J.S.A. 14A:12-7(1)(c), however, it did not order ... Robert is not an oppressed shareholder within the meaning of N.J.S.A. 14A:12-7(1)(c) remains in effect, other remedies ... dissolution or the forced sale of his interests, pursuant to N.J.S.A. 14A:12-7, as an oppressed minority shareholder (Counts Five ... that he was an oppressed shareholder within the meaning of N.J.S.A. 14A:12-7. In addition to compensatory and punitive damages ... to rule that Robert was an oppressed shareholder, pursuant to N.J.S.A. 14A:12-7(1)(c), and accordingly, did not order ... not an oppressed shareholder of Koger within the meaning of N.J.S.A. 14A:12-7(1), and the Appellate Division’s ...

docket:	A-38-11
court:	NJ Supreme Court
decided:	2013-07-02
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2182 /usr/local/share/www/libweb/collections/courts/appellate/a-41-20.opn.html -- rank: 830

... 2, 2022 PIERRE-LOUIS, J., writing for a unanimous Court. N.J.S.A. 2C:1-6(c) states that in cases involving DNA ... 245 N.J. 457 (2021). HELD: A plain reading of N.J.S.A. 2C:1-6(c) reveals that the Legislature intended the ... run on the day after the offense is committed.” N.J.S.A. 2C:1-6(c). N.J.S.A. 2C:1-6(c) carves out an exception for circumstances ... ” --- (pp. 21-22) Ibid. 2. A plain reading of N.J.S.A. 2C:1-6(c) reveals that the statute of limitations ... order to start the clock. (pp. 27-28) 4. Although N.J.S.A. 2C:1-6(c) requires the statute of limitations ...

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court:	NJ Superior Court Law/Chancery Division
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2183 MARILYN VELEZ v. ROCKTENN COMPANY and RAYMOND PERRY -- rank: 830

... count three), in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Following denial of defendants' motions ... enjoyment of, any right granted or protected by this act. [ N.J.S.A. 10:5-12(d) (2013).]3 A claim of retaliation ... Human Servs., 204 N.J. 320, 332 (2010). To 3 N.J.S.A. 10:5-12 was amended on July 1, 2018, after ... be held individually liable for acts forbidden by the LAD. N.J.S.A. 10:5-12(e); 42 A-4097-14T3 Tarr, 181 ...

docket:	a4097-14
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-30
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2184 /usr/local/share/www/libweb/collections/courts/appellate/a2168-19.opn.html -- rank: 830

... charged with second-degree endangering the welfare of a child, N.J.S.A. 2C:24- 4(b)(3); first-degree aggravated sexual assault, N.J.S.A. 2C:24-4(a); second- degree sexual assault, N.J.S.A. 2C:14-2(b); and third-degree obscenity, N.J.S.A. 2C:34-3(b). R.J. invoked his right to ... timeline, pursuant to the New Jersey Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26, which became effective January 1 ... filed an order to show cause and verified complaint under N.J.S.A. 9:6-8.21 and N.J.S.A. ...

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2185 MOUNTAIN HILL, L.L.C Cross- v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 830

... Board's interpretation of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and Middletown's Development Regulations ... 2008, presented an issue under the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, the facts of which are ... or structures compared to the total area of the site." N.J.S.A. 40:55D-4. Counsel stated that the Development Regulations attempted ... to be incidental to the natural openness of the land. [ N.J.S.A. 40:55D-5.] The Board's counsel further advised that ... Zoning Board on the ground that a variance pursuant to N.J.S.A. 40:55D-70(d) was required due to the inclusion ... was not authorized or empowered to answer such questions under N.J.S.A. 40:55D-70(b). II. A. Mountain Hill alleged ...

docket:	a5871-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-10
status:	Published
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2186 STATE OF NEW JERSEY v. JOHN BRINSON -- rank: 830

... after a jury found him guilty of first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). 1 After his conviction, the court ... ineligibility in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The charges against defendant arose from ... State's motion to sentence defendant in the extended term, N.J.S.A. 2C:43-7 and N.J.S.A. 2C:44-3(a). Judge Gardner merged defendant's ...

docket:	a3611-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-11
status:	unpublished
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2187 H.S.P. v. J.K. -- rank: 830

... trial court in D.C. cited as its jurisdictional authority N.J.S.A. 9:2-9, which allows a third party to bring an action regarding a child. Id. at 47. 4 " N.J.S.A. 9:2-10 then allows a court, in an action brought by a third party pursuant to N.J.S.A. 9:2-9, to award custody of the child to ... 163 N.J. 235 , 244 (2000). In a proceeding under N.J.S.A. 9:2-9 and 9:2-10, "a presumption of ... the parent is generally required, R. 5:4-4(a); N.J.S.A. 2A:34-69, even if the parent is out of state, N.J.S.A. 2A:34-60, or out of the country, R. ...

docket:	a1121-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	published
citation:	435 N.J.Super. 147 87 A.3d 255
Document Size:	65214

2188 STATE OF NEW JERSEY v. TAMAJ R. LEMMON -- rank: 830

... was found guilty of first- degree murder of Vishon Randolph, N.J.S.A. 2C:11-3(a) (count one), and other crimes. Randolph ... possession of a handgun for an unlawful purpose against Randolph, N.J.S.A. 2C:39-4(a)(1) (count two); second-degree possession of a handgun for an unlawful purpose against Daniels, N.J.S.A. 2C:39-4(a)(1) (count three); second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b)(1) (count four); second-degree possession of a weapon for an unlawful purpose against Kellam, N.J.S.A. 2C:39-4(a)(1) (count six); and the lesser-included offense of third-degree aggravated assault of Kellam, N.J.S.A. 2C:12-1(b)(7) (count seven). The jury ...

docket:	a1628-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-27
status:	Unpublished
citation:
Document Size:	71644

2189 /usr/local/share/www/libweb/collections/courts/appellate/a5652-18.opn.html -- rank: 830

... s favor pursuant to the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, and awarding her counsel fees ... public health, safety or welfare or protection of the environment. [N.J.S.A. 34:19-3.] The statute defines 'retaliatory action' as 'the ... against an employee in the terms and conditions of employment.' N.J.S.A. 34:19-2(e). To prevail on a claim for ... Civil), 2.32, 'New Jersey Conscientious Employee Protection Act ('CEPA') ( N.J.S.A. 34:19-1 et seq.)' (rev. Apr. 2014). I. With ... of reasonable attorney fees and costs to a 'prevailing employee,' N.J.S.A. 34:19-5(e), and a court may grant such ... CEPA statute explicitly authorizes recovery of punitive damages, where appropriate. N.J.S.A. 34:19-5. Generally, such damages—sanctions awarded separately ...

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2190 MADELINE MUISE, et al. v. GPU, INC., et al. -- rank: 830

... the purpose of carrying out the provisions of this Title." N.J.S.A. 48:2-13. It also has the power to set ... be furnished, imposed, observed, and followed" by a public utility. N.J.S.A. 48:2-25(a).     The Board's powers include ordering ... indirectly arising from or connected with its maintenance or operations." N.J.S.A. 48:2-16. In addition, the Board may "[i]nvestigate ... upon complaint in writing any matter concerning any public utility." N.J.S.A. 48:2-19.     The Board may order a public utility ... in such condition as to enable it to do so." N.J.S.A. 48:2-23.     If a management audit, to be conducted ... and adequate service to meet the public convenience and necessity." N.J.S.A. 48:2-16.4. The Board would also determine ...

docket:	a2393-99
court:	njappellate
decided:	2000-06-14
status:	published
citation:	332 N.J.Super. 140
Document Size:	69290