Search Rutgers Law Library N.J. Court Opinions

256 Debra Dugan v. TGI Fridays, Inc. -- rank: 846

... beverages and seek relief under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -206, and the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. In the first of the ... place. In addition to generally alleging unconscionable commercial practices under N.J.S.A. 56:8-2, the Dugan plaintiffs and Bozzi allege that the defendant restaurants committed a regulatory violation by contravening N.J.S.A. 56:8-2.5. Under that section of the CFA ... —a consumer who satisfies the elements of the TCCWNA. N.J.S.A. 56:12-17. To be found liable under the TCCWNA ... a “clearly established legal right” or “responsibility.” N.J.S.A. 56:12-15. Plaintiffs contend that by failing to ...

docket:	a-92-15
court:	New Jersey Supreme Court
decided:	2017-10-04
status:
citation:
Document Size:	210799

257 State of New Jersey v. James Grate -- rank: 846

... considers (1) whether the “knowingly” mens rea requirement of N.J.S.A. 2C:39-5(e)(1) applies to both the possession ... s presence at an educational institution; (2) the constitutionality of N.J.S.A. 2C:39-5(i)’s mandatory minimum sentence in ... various offenses, including second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), and third-degree unlawful possession of a weapon at an educational institution, N.J.S.A. 2C:39-5(e)(1). With regard to the latter ... substantial likelihood that defendants were involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5), three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need ...

docket:	A-47-13
court:	NJ Supreme Court
decided:	2015-01-15
status:
citation:	220 N.J. 317 106 A.3d 466
Document Size:	95379

258 Vincent Hager v. MK Construction -- rank: 846

... is exempt from reimbursing Hager for his medical marijuana under N.J.S.A. 34:6I-14. The Compassionate Use Act, N.J.S.A. 24:6I-1 to -30, was enacted by the New ... a government medical assistance program or private health insurer.” N.J.S.A. 24:6I-14 (emphasis added). (pp. 13-15) 2. Based ... compensation court’s determination, affirmed by the Appellate Division, that N.J.S.A. 24:6I-14 does not apply to M&K. The ... recognition of the potential health benefits of medical marijuana. See N.J.S.A. 24:6I-2(e). That reading, further, is supported by ... ealth insurance does not include workmen’s compensation coverages.” N.J.S.A. 17B:17-4. In the Court’s view, if ...

docket:	a-64-19
court:	NJ Supreme Court
decided:	2021-04-13
status:
citation:
Document Size:	106406

259 Vega v. Piedilato -- rank: 846

... held that because the Legislature intended that the Ski Statute, N.J.S.A. 5:13-1 to -11, completely displace the traditional common ... combined negligence of the persons against whom recovery is sought." N.J.S.A. 2A:15-5.1. Thus, when the plaintiff's negligence ...

docket:	a-45-97
court:	njsupreme
decided:	1998-06-23
status:
citation:	154 N.J. 496
Document Size:	106027

260 State v. Rasheed Mahammad -- rank: 846

... this appeal is whether the New Jersey victim impact statute, N.J.S.A. 2C:44-6 to allow family members of murder victims ... statements in non-capital cases directly to the sentencing court. N.J.S.A. 52:4B-36. ����Finally, on November 5, 1991, the New ... aggravating factors outweigh the mitigating factors. Ibid. One mitigating factor, N.J.S.A. 2C:ll-3c(5)(h), (section 5(h)), is defined ... evidence that relates to any of the other mitigating factors, N.J.S.A. 2C:ll-3(5)(a), (b), (c), (d), (e), (f ... sentencing phase of a capital trial. When the Legislature enacted N.J.S.A. 52:4B-1 to -33), the people of New Jersey ... and substantial duress insufficient to constitute a defense to prosecution. ����������������[ N.J.S.A. 2C:11-3c(5) ���������������� (emphasis added).] ����Inevitably, defense counsel ...

docket:	a-138-95
court:	njsupreme
decided:	1996-06-28
status:
citation:	145 N.J. 23
Document Size:	180700

261 In the Matter of the Expungement Petition of J.S. -- rank: 846

... of the Court. In these appeals, the Court determines whether N.J.S.A. 2C:52-2(a), which permits the expungement of a ... statute and rejected the “one-night spree” concept. Under N.J.S.A. 2C:52-2(a), the panel concluded that J.S ... conspiracy linked the charges together as one “crime” under N.J.S.A. 2C:52-2(a). In a published opinion, the Appellate ... 219 N.J. 630 (2014). HELD: The plain language of N.J.S.A. 2C:52-2(a) precludes expungement of convictions when the ... the language identifying the requirements for expungement when by enacting N.J.S.A. 2C:52-2. Instead of the former requirement that “no subsequent conviction has been entered against” the petitioner, N.J.S.A. 2A:164-28 (repealed 1979), the Legislature limited expungement ...

docket:	A-84-13
court:	NJ Supreme Court
decided:	2015-08-10
status:
citation:	223 N.J. 54 121 A.3d 322
Document Size:	135211

262 State v. German Marquez -- rank: 846

... analyzes the interplay between New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and its refusal law, N.J.S.A. 39:4-50.4a, to determine whether the statutes require ... Motor Vehicles Standard Statement for Operators of a Motor Vehicle N.J.S.A. 39:40-50.2(e)" (standard statement). This is an ... the Court holds that New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50.4a, require proof that an officer requested ... Legislature addressed this problem by enacting an implied consent law, N.J.S.A. 39:4-50.2, and a refusal statute, N. ...

docket:	a-35-09
court:	supreme
decided:	2010-07-12
status:
citation:
Document Size:	161798

263 State v. Jason M. O'Donnell -- rank: 846

... In this appeal, the Court considers whether the bribery statute, N.J.S.A. 2C:27-2, applies to a candidate for political office ... not elected. The trial court dismissed the indictment, holding that N.J.S.A. 2C:27-2(d) did not apply to defendant. The ... improper benefit -- incumbents, candidates who win, and candidates who lose. N.J.S.A. 2C:27-2. The statute also expressly states that it ... extends to candidates. 1. The Court reviews the bribery statute, N.J.S.A. 2C:27-2. The indictment here tracks the language of ... is solicited or accepted, not at a later point. Further, N.J.S.A. 2C:27-2(d) does not say the recipient must ... office, or lacked jurisdiction, or for any other reason.” N.J.S.A. 2C:27-2. If anything, that provision rebuts defendant’ ...

docket:	a-17-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-07
status:
citation:
Document Size:	58984

264 In the Matter of Officer Gregory DiGuglielmo New Jersey Institute of Technology -- rank: 846

... to challenge his termination through special disciplinary arbitration pursuant to N.J.S.A. 40A:14-210 either because he was not a municipal ... Relations Commission (PERC), requesting “special disciplinary arbitration” pursuant to N.J.S.A. 40A:14-210. NJIT objected, claiming that appeal forum is ... special disciplinary arbitration was available only to municipal officers because N.J.S.A. 40A:14-209 and -210 incorporate by reference the terms and limitations found in N.J.S.A. 40A:14-150, which only applies to municipal officers not ... public university police officers like Officer DiGuglielmo. Further, pursuant to N.J.S.A. 40A:14-210, an officer suspended with pay prior to ... arbitration. The Court therefore reinstates PERC’s decision. 1 1. N.J.S.A. 40A:14-150 governs the review of disciplinary action ...

docket:	a-33-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-28
status:
citation:
Document Size:	58464

265 Chasin v. Montclair State University -- rank: 846

... defend and indemnify its employees in lawsuits brought against them. N.J.S.A. 18A:60-4, which provides that the state is required ... interpretation of the provisions of the Tort Claims Act ("TCA"), N.J.S.A. 59:1-1 to -14-4, that govern the State ... State's refusal to indemnify her. Finally, we determine whether N.J.S.A. 59:10A-2 to refuse such representation." ����The Chancery Division ... providing for the defense and indemnification of state employees. See N.J.S.A. 59:12-2 (repealing all statutes "inconsistent" with the TCA ... s duty to defend and indemnify employees must be evaluated. ���� N.J.S.A. 59:10A-1 establishes the Attorney General's basic duty to defend state employees: ��������Except as provided [in N.J.S.A. 59:10A-2], the Attorney General shall, upon a ...

docket:	a-161-97
court:	njsupreme
decided:	1999-06-02
status:
citation:	159 N.J. 418
Document Size:	97874

266 In the Matter of the Expungement Petition of D.H. -- rank: 846

... in this appeal is whether New Jersey’s expungement statute, N.J.S.A. 2C:52-1 to 32, and the forfeiture of public employment statute, N.J.S.A. 2C:51-2, can be harmonized so that an order ... the subject of the inquiry indeed had an arrest record. N.J.S.A. 2C:20-32. Pursuant to a plea agreement, on October ... employment. The order of forfeiture provided that “pursuant to N.J.S.A. 2C:51-2, [D.H.] shall forfeit her public employment ... editing marks omitted). It further concluded that “[a]lthough N.J.S.A. 2C:51-2(d) and the forfeiture order at issue ... life of rectitude and disassociated himself with unlawful activity[.]” N.J.S.A. 2C:52-32. Also, “a central purpose of ...

docket:	a-82-09
court:	New Jersey Supreme Court
decided:	2010-10-27
status:
citation:	204 N.J. 7 6 A.3d 421
Document Size:	103187

267 State v. James Comer -- rank: 846

... murder -- 30 years in prison without the possibility of parole. N.J.S.A. 2C:11-3(b)(1). The court declined to find ... it directed the trial court to address mitigating factor thirteen, N.J.S.A. 2C:44-1(b)(13) -- “The conduct of a ... of 30 years in prison with no possibility of parole, N.J.S.A. 2C:11-3(b)(1). The Court assesses that scheme ... a mandatory minimum period of 30 years in jail under N.J.S.A. 2C:11-3(b) -- with no discretion for a judge ... mandatory sentence of at least 30 years without parole, which N.J.S.A. 2C:11- - 3(b)(1) requires, is unconstitutional as applied ... of parole ineligibility for first-degree felony murder, contrary to N.J.S.A. 2C:11-3(a)(3). The court imposed three ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

268 L.A. v. D.Y.F.S. -- rank: 846

... this appeal is whether defendants breached the duty, imposed by N.J.S.A. 9:6-8.10, to report suspected child abuse whenever ... and had breached the standard of care set forth in N.J.S.A. 9:6-8.10 by failing to notify DYFS after ... report an incident of suspected child abuse, as required under N.J.S.A. 9:6-8.10. 1. To support her medical malpractice ... this case, the applicable standard of care is provided by N.J.S.A. 9:6-8.10, which requires that “[a]ny ... 485 , 500 (2010). (pp. 13-15) 2. On its face, N.J.S.A. 9:6-8.10 clearly indicates that the reporting requirement ... concludes that he did not breach the reporting obligation in N.J.S.A. 9:6-8.10 in respect of S.A. ...

docket:	A-55-12
court:	NJ Supreme Court
decided:	2014-04-23
status:
citation:
Document Size:	99583

269 ZAZA v. MARQUES AND NELL, INC. -- rank: 846

... presents the question of whether under the Products Liability Act, N.J.S.A. 2A:58C-l to -7, a component part fabricator that ... appeal, plaintiff argued that the quench tank was "defective" under N.J.S.A. 2A:58C-2 because: (l) defendant deviated from the design ... component into the system. ���� The Products Liability Act, (the Act), N.J.S.A. 2A:58C-1 to -7 applies. The Legislature passed the ... by products, including certain products under which liability is imposed." N.J.S.A. 2A:58C-l. The Act has been interpreted as evincing ... App. Div.), certif. denied , 130 N.J. 598 (1992). Specifically, N.J.S.A. 2A:58C-2 provides: ������������A manufacturer or seller of a ... N.J. l50, l76 (l979) (emphasis added). The elimination in N.J.S.A. 2A:58C-2 of Suter's extension of strict ...

docket:	a-63-95
court:	njsupreme
decided:	1996-05-09
status:
citation:	144 N.J. 34
Document Size:	101932

270 State v. Charles Fuller -- rank: 846

... Paredes with fourth-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(3); third-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(11); third-degree possession of a ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7; third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree unlawful possession of ... while possessing a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:39-4.1(a). Defendants moved to suppress, ...

docket:	a-129-06
court:
decided:	2009-02-25
status:
citation:	198 N.J. 6
Document Size:	167069