Search Rutgers Law Library N.J. Court Opinions

2446 Judy Komlodi v. Anne Picciano, M.D. -- rank: 828

... negligence of the person against whom recovery is sought.” N.J.S.A. 2A:15-5.1. Thus, if the plaintiff’s negligence ... recovery if she is more than fifty percent at fault. N.J.S.A. 2A:15-5.1. The court determined that under the ... negligence of the person against whom recovery is sought.” N.J.S.A. 2A:15-5.1. Under the statute, if the plaintiff� ... s medical chart, which was reviewed by Dr. Picciano. 4 N.J.S.A. 39:4-50(a) (defining “[d]riving while intoxicated� ...

docket:	A-13-12
court:	NJ Supreme Court
decided:	2014-05-20
status:
citation:
Document Size:	159144

2447 STATE OF NEW JERSEY v. KEVIN KELLY, a/k/a KEVIN PALLANTA and KEVIN T. KELLYPALLANTA -- rank: 828

... was convicted of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b(2); fourth-degree possession of a prohibited weapon, specifically, a blade larger than five inches, N.J.S.A. 2C:39-3(e); and second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39- 7. Following defendant's conviction, the trial judge ... THAT [DEFENDANT] POSSESSED A WEAPON WITH AN UNLAWFUL PURPOSE UNDER N.J.S.A. 2C:39-3 AND THE STATE'S PER SE BAN ... that [Defendant] Possessed A Weapon with An Unlawful Purpose Under N.J.S.A. 2C:39-3. B. The State’s Per Se Ban ... to another case that classified BB guns as handguns. 1 N.J.S.A. 2C:39-5(b) provides: (1) Any person who ...

docket:	a2614-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-06
status:	unpublished
citation:
Document Size:	104543

2448 THOMAS WILSON v. WILLIAM C. BROWN -- rank: 828

... Republican State Committee, citing the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, requested copies of "any and ... prepared "in connection with collective negotiations," as set forth in N.J.S.A. 47:1A-1.1, they were not government records as ... not government records and not subject to disclosure under OPRA. N.J.S.A. 47:1A-1.1. Brown, unlike Katz, does not rely ... exempt from disclosure under a recognized privilege, specifically executive privilege. N.J.S.A. 47:1A-9b. Katz specifically contends that the communications are ... of the public's right of access" to government records. N.J.S.A. 47:1A-1. The purpose of the statute is "'to ... inter-agency or intra-agency advisory, consultative, or deliberative material. [ N.J.S.A. 47:1A-1.1.] In addition to deliberative, consultative ...

docket:	a5854-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-01-12
status:	Published
citation:	404 N.J. Super. 557 962 A.2d 1122
Document Size:	70713

2449 RICHARD TUOSTO and CHERYL TUOSTO v. THERESE BRADY -- rank: 828

... In response, 5 The Noise Control Act of 1971 (Act), N.J.S.A. 13:1G-1 to -23, authorized the New Jersey Department ... of Environmental Protection (NJDEP) to adopt regulations governing noise control. N.J.S.A. 13:1G-4. It also authorized municipalities to adopt noise ... 29-1.1 to -2.12, subject to NJDEP approval. N.J.S.A. 13:1G-21. NJDEP's noise regulations provided that a ... attorney's fees pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. In a November 15, 2016 order ...

docket:	a3374-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-17
status:	Unpublished
citation:
Document Size:	71400

2450 STATE OF NEW JERSEY v. JOSE ANIBAL MARTINEZ -- rank: 828

... count one) second-degree conspiracy to violate illegal drug laws, N.J.S.A. 2C:5-2; (count two) third-degree possession of cocaine, N.J.S.A. 2C:35-10a(1); (count three) third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and b(3); (count four) second ... with intent to distribute within 500 feet of public property, N.J.S.A. 2C:35-7.1; (count five) third-degree possession of heroin, N.J.S.A. 2C:35-10a(1); (count six) third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(1) and b(3); (count seven) ...

docket:	a6017-08
court:	NJ Superior Court Appellate Division
decided:	2012-02-23
status:	unpublished
citation:
Document Size:	53843

2451 STATE OF NEW JERSEY v. JAMES M. DAVIS -- rank: 828

... to: second-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... of a firearm while possessing CDS with intent to distribute, N.J.S.A. 2C:39-4.1 (count 4), both counts were under ... and to second-degree certain person not to have weapons, N.J.S.A. 2C:39- - 7(b)(1) (count 1), under indictment 19 ... six (prior criminal record), and nine (need for deterrence) applied. N.J.S.A. 2C:44-1(a)(3); -1(a)(6); -1(a ... count two to run consecutively to count four, pursuant to N.J.S.A. 2C:39-4.1(d), and count one to run ... affecting [the] sentence.' R. 3:21-4(h); see also N.J.S.A. 2C:43-2(e) (requiring sentencing court to state ...

docket:	a3480-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-02
status:	Unpublished
citation:
Document Size:	47740

2452 In the Matter of the Niles Trust -- rank: 828

... the trial court permanently removed Bono as trustee based on N.J.S.A. 3B:14-21c, finding that his conduct was �inexcusable and ... a common law cause of action. See Punitive Damages Act, N.J.S.A. 2A:15-5.9 to �5.17. The exception we ...

docket:	a-7-02
court:	njsupreme
decided:	2003-05-28
status:
citation:	176 N.J. 282
Document Size:	71915

2453 IN THE MATTER CHALLENGES BY CHUBB COLONIAL LIFE INSURANCE COMPANY OF AMERICA, et al. -- rank: 828

... Health Insurance Reform Act ("the Act"), effective November 30, 1992. N.J.S.A. 17B:27A-2 to -16.5; L. 1991, c. 161 ... Health Insurance Reform Act (the Reform Act or the Act), N.J.S.A. 17B:27A-2 to -16.5, to address a looming ... health benefit plans . . . on an open enrollment, community-rated basis," N.J.S.A. 17B:27A-12. The Board's initial 1996 loss assessments were calculated using N.J.S.A. 17B:27A-12, which has since been amended. The statute ... State, as well as any other penalties permitted by law. [ N.J.S.A. 17B:27A-12 (1996).] As an alternative to paying the ... of the individual coverage market, as determined by the Board. N.J.S.A. 17B:27A-12 (emphasis added). Acting on this authorization, ...

docket:	a6116-05
court:	njappellate
decided:	2007-08-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	85593

2454 STATE OF NEW JERSEY v. SHAWN SOUTHERLAND -- rank: 828

... count indictment charging defendant Shawn Southerland with first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); third ... hindering apprehension or prosecution by way of concealment or destruction, N.J.S.A. 2C:29-3(b)(1) (count two); and third-degree ... prosecution by giving false information to a law enforcement officer, N.J.S.A. 2C:29-3(b)(4) (count three). Defendant filed a ... Art. 1, Par. 7 AND CONTRARY TO THE WIRETAP ACT., N.J.S.A. 2A:156A-1, et. seq. , AND BECAUSE, DEFENDANT WAS PREJUDICED ... USE OR TAINTED EVIDENCE IN GRAND JURY TO ASSUME JURISDICTION N.J.S.A. 2C:1-3 a(1) AS ATTENDANT CIRCUMSTANCES IN VIOLATION ... Ponik violated the New Jersey Wiretapping and Electronic Surveillance Act, N.J.S.A. 2A:156-1 to -34 (the Wiretap Act), by ...

docket:	a4663-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	58027

2455 STATE OF NEW JERSEY v. JOSE D. GRAHAM, -- rank: 828

... guilty to third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35- 10(a)(1), under the August 2016 indictment ... and second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1), under the October 2016 indictment ... to withdraw its motion for a discretionary extended term sentence, N.J.S.A. 2C:44-3, for his convictions under the 2015 indictment ... five-year period of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6, on the charges under the August 2016 ... N.J. Super. 375, 380 (App. Div. 2002) (noting 'that N.J.S.A. 39:3- 17 A-2432-16T2 74 prohibits the use ... factor one, '[t]he nature and circumstances of the offense,' N.J.S.A. 2C:44-1 (a)(1), and gave it 'very ...

docket:	a2432-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-09
status:
citation:
Document Size:	59904

2456 Rosa Aponte-Correa v. Allstate Insurance Company -- rank: 828

... the provision of the No Fault Insurance Act (the Act), N.J.S.A. 39:6A-1 to -35, that prescribes limitations periods for ... later than 2 years after the last payment of benefits. ���� ��������[ N.J.S.A. 39:6A-13.1a See footnote 1 1 (emphasis added ... protection of the statute of limitations provision of the Act, N.J.S.A. 39:6A-13.1a. Allstate contended that plaintiff's claim ... later than 2 years after the last payment of benefits. [ N.J.S.A. 39:6A-13.1a.] The wording is indeed complex; that ... round of treatment and therapy. Asserting the familiar bar of N.J.S.A. 39:6A-13.1a, the insurer rejected the plaintiff's ... refers only to a injured person who � incurs an expense.� N.J.S.A. 39:6A-13.1a (emphasis added). Injured persons incur ...

docket:	a-82-98
court:	njsupreme
decided:	2000-02-01
status:
citation:	162 N.J. 318
Document Size:	64523

2457 State of New Jersey v. Rahmann Reeds -- rank: 828

... with a six-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6 (f). Defendant appealed, raising several issues before ...

docket:	a-103-07
court:
decided:	2009-01-22
status:
citation:	197 N.J. 280 962 A.2d 1087
Document Size:	161444

2458 NEW JERSEY DIVISION OF YOUTH and FAMILY SERVICES v. A.T.K. -- rank: 828

... N.J. 591, 602-11 (1986), and was codified in N.J.S.A. 30:4C-15.1a. The trial judge found prong one ... the child's best interest to preserve the family unit[.]" N.J.S.A. 30:4C-1(a). This responsibility, in some cases, requires ... supra , 103 N.J. at 602-11, was codified in N.J.S.A. 30:4C-15.1a, and requires the State to establish ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These four requirements "are not discrete ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1a. The child suffered harm and could ... existing for the entirety of his short three-year life. N.J.S.A. 30:4C-15.1a(2). Moreover, A.T.K. ...

docket:	a0002-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	50041

2459 NEW JERSEY OF YOUTH AND FAMILY SERVICES v. V.N.S. -- rank: 828

... 103 N.J. 591 , 604-10 (l986), as codified in N.J.S.A. 30:4C-15.1(a). Accordingly, he entered a "judgment ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate ...

docket:	a4153-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-24
status:	unpublished
citation:
Document Size:	93641

2460 LINDEN DEMOCRATIC COMMITTEE v. CITY OF LINDEN -- rank: 828

... to construe seemingly ambiguous provisions of the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23 (the Vacancy Law). Plaintiff Paul ... individuals and resolved that the seat remain vacant pursuant to N.J.S.A. 40A:16-5(b) (Section 5). Relying on N.J.S.A. 40A:16-11 (Section 11), the Committee appointed and swore ... violation of the New Jersey Civil Rights Act (the CRA), N.J.S.A. 10:6-1 to -2. A-1759-19 2 We ... operates under the mayor-council form of government pursuant to N.J.S.A. 40A:61-1 to -7. At all times relevant to ... a roll [sic] for the municipal committee. Please refer to N.J.S.A. 40A:16-5, for the process and the time ...

docket:	a1759-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-17
status:	Published
citation:
Document Size:	49547