Search Rutgers Law Library N.J. Court Opinions

241 Denise A. Perrelli v. Bridget Pastorelle -- rank: 846

... a unanimous Court. In this appeal, the Court considers whether N.J.S.A. 39:6A-4.5(a) bars a person who was ... action to recover economic and noneconomic damages for those injuries. N.J.S.A. 39:6A-4.5(a) barred the action. The trial ... for leave to appeal. 204 N.J. 33 (2010). HELD : N.J.S.A. 39:6A-4.5(a) bars a person who was ... to recover economic and noneconomic damages for those injuries. 1. N.J.S.A. 39:6A-4.5(a) states that a person who ... the accident. The term “operating” is not defined, but N.J.S.A. 39:1-1 defines “operator” as “a person ... pp. 8-9) 4. The “No Fault Act,” N.J.S.A. 39:6A-1 to -35, adopted in 1972, requires ...

docket:	A-22-10
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:
Document Size:	76489

242 State of New Jersey v. P.S. -- rank: 846

... that the evidence was barred by the Rape Shield Law, N.J.S.A. 2C:14-7. The trial judge ruled that the evidence ... County for first-degree aggravated sexual assault, contrary to 2 N.J.S.A. 2C:24-4(a) (Count Three), all allegedly perpetrated on ... 1193, 89 L. Ed. 2d 308 (1986), superseded by statute, N.J.S.A. 2C:44-5. The panel rejected defendants' remaining arguments. Although ... op. at 31); and (5) that the Rape Shield Law, N.J.S.A. 2C:14-7, barred the admission of the child victim ...

docket:	a-21-09
court:	supreme
decided:	2010-06-07
status:
citation:	202 N.J. 232 997 A.2d 163
Document Size:	85905

243 State of New Jersey v. Laura Moran -- rank: 846

... was found guilty in Aberdeen Municipal Court of reckless driving ( N.J.S.A . 39:4-96), as well as improper display of a license plate ( N.J.S.A . 39:3-33) and obstruction of the windshield ( N.J.S.A . 39:3-74). In addition to the penalties imposed for ... suspended Moran's driving privileges for forty-five days under N.J.S.A . 39:5-31. During the proceedings in municipal court, Moran ... The court justified the imposition of the license suspension under N.J.S.A . 39:5-31 based on both Moran's driving in ... was represented by appointed counsel and challenged the constitutionality of N.J.S.A . 39:5-31, which empowers the court to suspend ...

docket:	a-55-09
court:	supreme
decided:	2010-07-13
status:
citation:
Document Size:	107788

244 N.J. Dep’t of Children & Families, Div. of Youth & Family Servs. v. I.S. -- rank: 846

... Protection and Permanency (the Division), may offer to families under N.J.S.A 30:4C-12, particularly when services are clearly needed and ... I.S. abused or neglected the children as defined in N.J.S.A. 9:6-8.21(c). However, because I.S. was ... 2011). Although the Division agreed with I.S. that interpreting N.J.S.A. 9:6-8.50(c) to continue a court’s ... case require it and no harm results. 1. In interpreting N.J.S.A. 9:6-8.50(c), there is no need to ... the Court must be aware of the entire statutory scheme. N.J.S.A. 9:6-8.50(c) provides two bases for dismissing an action and must be read in conjunction with N.J.S.A. 9:6-8.50(d), which allows a court ...

docket:	A-81-11
court:	NJ Supreme Court
decided:	2013-06-12
status:
citation:
Document Size:	125489

245 In re Ronald C. Kollman, Jr., Petition for Expungement -- rank: 846

... that allows certain records to be expunged after ten years. N.J.S.A. 2C:52-2(a). In 2010, the Legislature amended the ... may apply for expungement five years after completing their sentence. N.J.S.A. 2C:52-2(a)(2). To decide whether expungement is ... was later indicted for three counts of distribution of CDS, N.J.S.A. 2C:35-5(a)(1), three counts of possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1), three counts of distribution of CDS within 500 feet of a public zone, N.J.S.A. 2C:35-7.1, and three counts of possession of CDS, N.J.S.A. 2C:35-10(a)(1). The three counts for ...

docket:	A-126-10
court:	NJ Supreme Court
decided:	2012-07-09
status:
citation:	210 N.J. 557 46 A.3d 1247
Document Size:	99634

246 Investors Bank v. Javier Torres -- rank: 846

... enforce the lost note.” The Appellate Division affirmed, interpreting N.J.S.A. 12A:3-309 and invoking the equitable doctrine of unjust ... 594 (2019). 1 HELD: Relying on two statutes addressing assignments, N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, as well as common-law assignment principles ... of the Note to enforce the Note. The Court construes N.J.S.A. 12A:3-309 to address the rights of CitiMortgage as ... of unjust enrichment invoked by the Appellate Division. 1. In N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, which date from the nineteenth century, ...

docket:	a-55-18
court:	NJ Supreme Court
decided:	2020-07-01
status:
citation:
Document Size:	74158

247 Town of Kearny v. Louis F. Brandt -- rank: 846

... calculating the ten-year period of the statute of repose, N.J.S.A. 2A:14-1.1(a), and 2) whether the Comparative Negligence Act, N.J.S.A. 2A:15-5.2, and the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-2, authorize allocation of fault at trial to ... Hamnett defendants were barred by both the statute of repose, N.J.S.A. 2A:14-1.1(a), and the statute of limitations, N.J.S.A. 2A:14-1.2(a). The Brandt-Kuybida defendants filed ... could not under any circumstances be a joint tortfeasor under N.J.S.A. 2A:53A-2. Third, statutory constraints on a plaintiff’ ...

docket:	a-60-11
court:	New Jersey Supreme Court
decided:	2013-06-20
status:
citation:
Document Size:	100478

248 Clarence Haley v. Board of Review -- rank: 846

... is “disqualified for benefits” until certain conditions are met. N.J.S.A. 43:21-5(a). N.J.A.C. 12:17 ... the opinion of the Court. Under the Unemployment Compensation Law, N.J.S.A. 43:21-1 to -71 (UCL or Act), an individual ... is “disqualified for benefits” until certain conditions are met. N.J.S.A. 43:21-5(a). And, under the regulations promulgated pursuant ... those who leave work after being subjected to domestic violence, N.J.S.A. 43:21-5(j), and those who leave work to ... In this appeal, we review the Department’s interpretation of N.J.S.A. 43:21-5(a) and N.J.A.C. 12 ... unemployment.”). B. We begin by examining the language of N.J.S.A. 43:21-5(a) and N.J.A.C. ...

docket:	a-71-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	51256

249 State v. Carlos Bolvito -- rank: 846

... penalty pursuant to the Sex Crime Victim Treatment Fund (SCVTF), N.J.S.A. 52:4B-43.2. Defendant Carlos Bolvito pled guilty to ... between a nominal figure and the upper limit prescribed by N.J.S.A. 2C:14-10(a) for the degree of the offense ... a SCVTF penalty imposed by a sentencing court pursuant to N.J.S.A. 2C:14-10, the Court construes that provision in accordance ... State v. Marquez , 202 N.J. 485, 499 (2010) (quoting N.J.S.A. 1:1-1). (pp. 9-10) 2. In 2005, the ... for the victims of certain sex offenses and their families. N.J.S.A. 52:4B-43.2; S. 781 (Sponsor’s Statement), 211th ... Feb. 5, 2004). To fund the services, the Legislature enacted N.J.S.A. 2C:14-10, which imposes upon defendants convicted of ...

docket:	A-44-12
court:	NJ Supreme Court
decided:	2014-03-31
status:
citation:	217 N.J. 221 86 A.3d 131
Document Size:	79772

250 State v. Darius J. Carter -- rank: 846

... than 100,000 drivers annually have been ticketed for violating N.J.S.A. 39:3-33 (section 33), which includes a prohibition against ... concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license ... State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes authorize specialty plates ... license plate for the purpose of evading law enforcement.” N.J.S.A. 39:3-33c (section 33c). The police issue more than ... of its key terms, but amendments to other portions of N.J.S.A. 39:3-33 reflect the Legislature’s concern about the ... in that way presents multiple constitutional issues. The relevant statute, N.J.S.A. 39:3-33, reads in part as follows: “ ...

docket:	a-67-19
court:	NJ Supreme Court
decided:	2021-08-02
status:
citation:
Document Size:	101519

251 /usr/local/share/www/libweb/collections/courts/supreme/a-16-18.opn.html -- rank: 846

... of the Court. 3 Pursuant to the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8, and the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5, a defendant may seek the ... a credit against the plaintiff’s recovery of damages. See N.J.S.A. 2A:15-5.2(d); Young, 123 N.J. at ... for a trial court’s allocation of damages among tortfeasors. N.J.S.A. 2A:15-5.2(a). Pursuant to the Act, the ... determines the total damages and allocates fault in accordance with N.J.S.A. 2A:15-5.2(a), the trial court molds the ... s Pier, Inc., 230 N.J. 142, 159 (2017) (citing N.J.S.A. 2A:15-5.2(d)). The Comparative Negligence Act ...

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court:
decided:
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citation:
Document Size:	75686

252 /usr/local/share/www/libweb/collections/courts/appellate/a-51-17.opn.html -- rank: 846

... may impose a mandatory-minimum period of parole ineligibility under N.J.S.A. 2C:43-6(b), without offending the United States Constitution ... prison term within a range of five to ten years, N.J.S.A. 2C:43-6(a)(2), and a minimum period of ... that the aggravating factors substantially outweigh the mitigating factors,” N.J.S.A. 2C:43- 6(b). Here, the trial judge found four aggravating factors: the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the substantial likelihood that defendant was involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); and the need for ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	235 N.J. 420 196 A.3d 563
Document Size:	78451

253 Olds v. Donnelly -- rank: 846

... and well within the six-year limitations period prescribed by N.J.S.A. 2A:14-1. Thus, the statute of limitations also presents ...

docket:	a-109-96
court:
decided:	1997-07-16
status:
citation:	150 N.J. 424
Document Size:	128764

254 New Jersey Department of Environmental Protection v. Robert Huber -- rank: 846

... permit-restricted residential property under the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30 (FWPA or the Act), without ... disturbing the water level, adding fill, or destroying plant life. N.J.S.A. 13:9B-3. Without a FWPA permit, regulated activity affecting wetlands is strictly prohibited. N.J.S.A. 13:9B-17. Violations of the Act, its regulations, or ... Act may lead to civil penalties, costs, and injunctive relief. N.J.S.A. 13:9B-21(a) to (e). The DEP became involved ... civil action to obtain a court order directing the entry. N.J.S.A. 13:9B-21. The Commissioner may also assess a separate ... compel access to the property subject to the FWPA permit. N.J.S.A. 13:9B-21(b) & (c). (pp. 42-48) 4. ...

docket:	A-116-10
court:	NJ Supreme Court
decided:	2013-04-04
status:
citation:
Document Size:	144110

255 State v. Reynaldo Galicia -- rank: 846

... requires the Court to consider the “passion/provocation” statute, N.J.S.A. 2C:11-4(b)(2), which reduces what would otherwise ... trial record, do not support a passion/provocation finding under N.J.S.A. 2C:11-4(b)(2). 1. The New Jersey Criminal ... forms of criminal homicide: murder, manslaughter and death by auto. N.J.S.A. 2C:11-2(b). The Code recognizes voluntary and involuntary ... involuntary manslaughter, the Code separately addresses aggravated and reckless manslaughter. N.J.S.A. 2C:11-4. Reckless manslaughter requires only “reckless” conduct ... death under circumstances manifesting extreme indifference to human life,” N.J.S.A. 2C:11-4(a)(1). Voluntary manslaughter, also known as ... the heat of passion resulting from a reasonable provocation.” N.J.S.A. 2C:11-4(b)(2). The Legislature has limited ...

docket:	A-79-10
court:	NJ Supreme Court
decided:	2012-06-19
status:
citation:
Document Size:	152039