Search Rutgers Law Library N.J. Court Opinions

2386 Joyce McDougall v. Charlot Lamm -- rank: 828

... inconsistent with existing statutes such as the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6, which limits recovery to pecuniary ... statutes regulating dog owners and addressing dangerous dogs, such as N.J.S.A. 4:22-20 (defining abandonment of domestic animal as disorderly persons offense) and N.J.S.A. 4:19-16 (setting forth dog owner’s liability for ... would be inconsistent with the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. Because that statutory cause of ... found in the Automobile Insurance Cost Reduction Act of 1998, N.J.S.A. 39:6A-8(a), and the cognizability of a Portee ... the expression of our Legislature in the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. That statutory cause of ...

docket:	A-99-10
court:	NJ Supreme Court
decided:	2012-07-31
status:
citation:	211 N.J. 203 48 A.3d 312
Document Size:	93526

2387 /usr/local/share/www/libweb/collections/courts/supreme/a0453-15.opn.html -- rank: 828

... three); violations of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, (count four); and breach of ... standing to bring suit under the New Jersey Cemetery Act, N.J.S.A. 8A:1-1 to -12-6, because the statute did ... or implied warranties pursuant to the Uniform Commercial Code (UCC), N.J.S.A. 12A:1:101 to 12-26. See Alloway v. Gen ... who is injured in person by breach of the warranty." N.J.S.A. 12A:2-318 (emphasis added). Thus, the lack of privity ... not allege a violation of New Jersey's Lemon Law, N.J.S.A. 56:12-29 to -49. The court, however, liberally read ... the warranty agreement violated the the Consumer Fraud Act, (CFA), N.J.S.A. 56:8-1 to -20. The court's dismissal ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	51257

2388 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.M. -- rank: 828

... o r y p r o n g s of N . J . S . A . 3 0 : 4 C- 1 5 . 1 ( a) by c ... t p u r s u a n t to N . J . S . A. 3 0 : 4 C - 15. 1 ( a) by c l ...

docket:	a0004-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-10
status:	unpublished
citation:
Document Size:	901591

2389 /usr/local/share/www/libweb/collections/courts/appellate/a2274-17.opn.html -- rank: 828

... of Education violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, by retaliating against plaintiff Charles ... plaintiff's claim under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14; and for an involuntary dismissal ... defendant violated the New Jersey Wage and Hour Law (WHL), N.J.S.A. 34:11-56a to -56a38, by failing to pay plaintiff ... not filed within CEPA's one-year limitations period. See N.J.S.A. 34:19-5. The court denied the motion, finding that ... claim was filed beyond the one-year limitations period in N.J.S.A. 34:19-5. The court denied defendant's motion for ... because that person has . . . filed a complaint . . . under this act.' N.J.S.A. 10:5-12(d). To sustain his burden of ...

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Document Size:	103717

2390 Robert Rowe v. Hoffman-La Roche, Inc. -- rank: 828

... labeling were approved by the FDA. New Jersey’s statute, N.J.S.A. 2A:58C-4, provides that FDA approval creates only a ... approval to have created only a rebuttable presumption of adequacy. N.J.S.A. 2A:58C-4. Thus, plaintiff’s suit is viable in ... presumption shall arise that the warning or instruction is adequate.         [ N.J.S.A. 2A:58C-4.] The Michigan statute thus creates a conclusive ... and undervalued Michigan’s.     The New Jersey statute at issue, N.J.S.A. 2A:58C-4, was enacted in 1987 as part of the New Jersey Products Liability Act (NJPLA), N.J.S.A. 2A:58C-1 to -7, in order to re-balance ... an award of punitive damages in products liability actions. See N.J.S.A. 2A:58C-4, cede to FDA regulation some of ...

docket:	a-19-06
court:	njsupreme
decided:	2007-03-29
status:
citation:	189 N.J. 615
Document Size:	69909

2391 PATRICIA GORDON (formerly ROZENWALD) v. GASTON ROZENWALD -- rank: 828

... orders entered prior to the effective date of the law. N.J.S.A. 2A:34-23c. We hold that regardless of the date ... modify term alimony must be addressed under the standards of N.J.S.A. 2A:34-23c, unless the moving party establishes that the ... He contends that the trial court erred by not applying N.J.S.A. 2A:34-23c retroactively to a judgment of divorce entered ... the Law of Divorce 35 (Apr. 18, 1995). As amended, N.J.S.A. 2A:34-23c authorizes courts to award a new type ... in those cases where permanent alimony would otherwise be awarded." N.J.S.A. 2A:34-23c provides:     An award of alimony for a ... the term may not be modified "except in unusual circumstances." N.J.S.A. 2A:34-23c. The heightened showing that this standard ...

docket:	A3835-02
court:	NJ Superior Court Appellate Division
decided:	2005-08-31
status:	published
citation:	380 N.J. Super. 55 880 A.2d 115
Document Size:	57845

2392 Clohesy v. Food Circus Supermarkets, Inc. -- rank: 828

... in the general police power vested in municipalities pursuant to N.J.S.A. 40:48-2, and those additional powers conferred on certain municipalities pursuant to the Optional Municipal Charters Law, N.J.S.A. 40:69A-1 to -210. See Hudson Circle Servicenter, Inc ...

docket:	a-126-96
court:	njsupreme
decided:	1997-06-26
status:
citation:	149 N.J. 496
Document Size:	71988

2393 DIVISION OF YOUTH AND FAMILY SERVICES v. W.B. and R.R. -- rank: 828

... R.R. ultimately pled guilty to fourth-degree child abuse, N.J.S.A. 9:6-1, -3, and received a two-year probationary ... judge concluded the Division proved the following four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence: (1 ... defendants contend the Division failed to prove each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. R ... child standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1a. N.J. Div. of Youth & Family ... terminate parental rights when the Division proves each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. I ... supra , 189 N.J. at 280. The "'four prongs [of N.J.S.A. 30:4C-15.1a] are not discrete and separate, ...

docket:	a2655-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	unpublished
citation:
Document Size:	64223

2394 State v. Ryan Sutherland -- rank: 828

... under the belief that the vehicle was in violation of N.J.S.A. 39:3-61(a) and -66 because one of the ... to maintain the vehicle’s “lamps” in violation of N.J.S.A. 39:3-66. A Morris County Grand Jury later indicted ... had three operable taillights, in compliance with the requirements of N.J.S.A. 39:3-61(a) and -66. The State countered that ... with at least one working lamp on each side. See N.J.S.A. 39:3-61(a); N.J.S.A. 39:3-66. N.J.S.A. 39:3-66 mandates that the lamps “required ...

docket:	a_14_16
court:	NJ Supreme Court
decided:	2018-01-11
status:
citation:
Document Size:	54988

2395 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.B. -- rank: 828

... 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)(1)-(4).] The four criteria ... children and a parent's failure to mitigate that harm. N.J.S.A. 30:4C-15.1(a)(1), (2). The focus of ... 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 ...

docket:	a1117-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-23
status:	unpublished
citation:
Document Size:	43759

2396 /usr/local/share/www/libweb/collections/courts/supreme/a0062-14.opn.html -- rank: 828

... conspiracy to launder money and sell PCP, heroin, and marijuana, N.J.S.A. 2C:5-2; second-degree possession of a weapon for an unlawful purpose during a drug distribution conspiracy, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:39-4(a)(2); second-degree unlawful possession of a weapon, as a principal or an accomplice, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:39-5(b); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1); and fourth-degree aggravated ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	64883

2397 STATE OF NEW JERSEY v. JOHN KATSIGIANNIS -- rank: 828

... convicted of one count of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1). The charges arose out of ... ineligibility period required by the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following ... a two-count indictment with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (Count One) and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (Count Two). Defendant moved to dismiss ... offenses, specifically third-degree aggravated assault with significant bodily injury, N.J.S.A. 2C:12-1(b)(7), and simple assault, N.J.S.A. 2C:12-1(a), a disorderly persons offense. The ...

docket:	a4685-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	78348

2398 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 828

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian ... of her parental rights violates the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Americans with Disabilities ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division ... decision met the legal standards set forth in Title 9, N.J.S.A. 9:6-8.21 to -8.73, 14 which is ... of Human Servs. , 157 N.J. 161 , 171 (1999) (quoting N.J.S.A. 9:6-8.8), but also children who are at ... danger of impairing the child's physical or mental health. N.J.S.A. 9:6-8.21(c)(4). Where the conditions ...

docket:	a4100-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60323

2399 STATE OF NEW JERSEY v. JAMES HEMENWAY -- rank: 828

... James Hemenway charging him with 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) and N.J.S.A. 2C:35-5(b)(1); fourth degree possession of marijuana, N.J.S.A. 2C:35-10(a)(3); and third degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(11). The court denied defendant' ...

docket:	a-19-18
court:	NJ Supreme Court
decided:	2018-04-16
status:
citation:	--- A.3d ----
Document Size:	84255

2400 HIRSH SINGH v. HONORABLE PHILIP D MURPHY -- rank: 828

... delegated to the Governor under the Emergency Health Powers Act, N.J.S.A. 26:13-1 to - 31, and the Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-30 to -63. Given the unassailable severity ... in June, as is normally called for by statute in N.J.S.A. 19:2-1, and rescheduled that primary election for July ... compromised voters,' and thereby would 'undermine the legislative intent of N.J.S.A. 19:8-2 and 19:8-3.1,' statutes aimed ... 2020). Two weeks later, on August 28, the Legislature enacted N.J.S.A. 19:63- 31, essentially incorporating the universal vote-by-mail ... the Chief Justice issued an order stating that, pursuant to N.J.S.A. 19:29-2, any of plaintiff's still-pending ...

docket:	a0323-20
court:	NJ Superior Court Appellate Division
decided:	2020-10-21
status:	Unpublished
citation:
Document Size:	73567