Search Rutgers Law Library N.J. Court Opinions

2836 DCPP VS. A.N.B. AND H.D.W., IN THE MATTER OF THE GUARDIANSHIP OF M.D.W. AND A.W. -- rank: 826

... 12). A-0485-23 2 child test set forth in N.J.S.A. 30:4C-15.1(a), justifying termination of Harry's ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6- - 8.21 to -8.82. The Dodd Act ... findings with respect to each of the statutory prongs in N.J.S.A. 30:4C-15.1(a). The judge found the Division ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and ... that identifies a child's best interests.' Id. at 348. N.J.S.A. 30:4C-15.1(a) requires the Division to prove ...

docket:	a0485-23
court:	appellate
decided:	2024-05-07
status:	Unpublished
citation:
Document Size:	34974

2837 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.L.W. and P.L.J. -- rank: 826

... to provide the care and support required by the child." N.J.S.A. 30:4C-12.1(a). The Division and the child ... s best interests by not carrying out its obligation under N.J.S.A. 30:4C-12.1(a). Because the Division's non ... s analysis of K.K.W.'s best interests under N.J.S.A. 30:4C-15.1(a)(1)-(4), we reverse and ... fifteen-year-old child under the Kinship Legal Guardianship Act, N.J.S.A. 3B:12A-1 to -7. According to the caseworker, that ... the best interests of K.K.W. as defined in N.J.S.A. 30:4C-15.1(a)(1)-(4). He found that ... her parents' inability to care for and nurture her thereafter. N.J.S.A. 30:4C-15.1(a)(1)-(2). The judge ...

docket:	a5178-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	published
citation:	419 N.J. Super. 568 18 A.3d 193
Document Size:	50758

2838 May L. Walker v. Carmelo Guiffre -- rank: 826

... Walker, alleged that defendant violated the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18, and their applicable regulations. After ... A. §§ 12181-12189, the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and their applicable regulations. The ... decades ago in the context of a fee-shifting provision, N.J.S.A. 10:5-27.1, found in our Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49; see Rendine v. Pantzer , 141 ... that the registration fee violated the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the Truth-in- ...

docket:	a-72-10
court:	NJ Supreme Court
decided:	2012-01-25
status:
citation:	209 N.J. 124 35 A.3d 1177
Document Size:	133201

2839 State v. Terry W. Coder -- rank: 826

... defendant with first-degree aggravated sexual assault, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:5-1 and N.J.S.A. 2C:5-1 and 4 Turning to the application of ... admission of seemingly relevant evidence also apply. See, e.g. , N.J.S.A. 2C:14-7 (Rape Shield Law); N.J.R.E ...

docket:	a-28-08
court:
decided:	2009-05-04
status:
citation:	198 N.J. 451 968 A.2d 1175
Document Size:	92873

2840 HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY v. THE STATE OF NEW JERSEY -- rank: 826

... of New Jersey (hereinafter “Horizon”) seeks a declaration that N.J.S.A. 54:18A-6 (hereinafter the “Premium Tax Cap Statute� ... business of insurance as provided for in this act.” N.J.S.A. 17:48E-1(e) (emphasis added). As the sole HSC ... 1992, Horizon was fully exempt from premium taxes pursuant to N.J.S.A. 54:18A-1. 1 Thereafter, Horizon became subject to premium ... New Jersey 13 was authorized to operate as an HSC. N.J.S.A . 17:48-18 declares HSCs to be charitable and benevolent ... real estate equipment. In 1945 the Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -41, (hereinafter “CBT”) was enacted ... taxpayers. Health maintenance organizations (hereinafter “HMOs”) organized pursuant to N.J.S.A. 26:2J-1 are subject to the CBT. “ ...

docket:	07354-05
court:
decided:	2009-12-15
status:
citation:
Document Size:	82373

2841 DebraAnn Lombardi v. Christopher J. Masso, et al. -- rank: 826

... and/or fraud,” Consumer Fraud Act (CFA) violations under N.J.S.A. 56:8-1 to -20, negligence, and conspiracy. The complaint ... the CFA did not apply to realtors was erroneous. See N.J.S.A. 56:8-2 (declaring CFA applies to fraud and misrepresentation ... no cognizable cause of action under the Consumer Fraud Act, N.J.S.A. 56:8-2. 14 Plaintiff sought reconsideration, which was denied ... damage figure was reached by trebling under the CFA. See N.J.S.A. 56:8-19. 3 Tara Construction apparently defaulted as well ...

docket:	A-28-10
court:	NJ Supreme Court
decided:	2011-08-26
status:
citation:
Document Size:	165115

2842 State v. Charudutt J. Patel -- rank: 826

... convictions, Patel was sentenced as a first-time offender. See N.J.S.A. 39:4-50(a). The two 2015 DWI charges exposed ... the Court. Every defendant charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, is guaranteed the right to retain counsel ... subject to enhanced custodial sentences, license suspensions, and financial penalties. N.J.S.A. 39:4-50(a)(2)-(3). We held in State ... the present financial ability to secure competent legal representation . . . .” N.J.S.A. 2B:24-2. 2 his right to counsel in an ... at an Intoxicated Driver Resource Center and fined $764. See N.J.S.A. 39:4- 50(a) (providing that, for sentencing purposes, a ... years, and imposed the requisite fines and administrative penalties. See N.J.S.A. 39:4-50(a)(3). The remaining charges, including ...

docket:	a-13-18
court:	NJ Supreme Court
decided:	2019-08-07
status:
citation:	--- A.3d ----
Document Size:	66862

2843 FERNANDO PINIERO v. DIVISION OF STATE POLICE -- rank: 826

... their claims asserted under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. 1 All are State Troopers ... construed liberally. Abbamont , supra , 138 N.J. at 431. CEPA, N.J.S.A. 34:19-3, prohibits employers from taking "any retaliatory action ... of the environment. [ 9 ] The final category of claims, under N.J.S.A. 34:19-3(c)(3), "evidences a legislative recognition that ... against an employee in the terms and conditions of employment." N.J.S.A. 34:19-2(e). The final clause of the definition ... violation of the LAD. These complaints clearly constitute whistleblowing under N.J.S.A. 34:19-3(a)(1) and (c)(1). 10 Moreover ... of federal and state law. These complaints constitute whistleblowing under N.J.S.A. 34:19-3(a)(1). Additionally, plaintiffs complained that ...

docket:	a3494-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-17
status:	unpublished
citation:
Document Size:	110486

2844 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 826

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J.S.A. 9:6B-4, HAVE FOUND THAT THE TRIAL COURT HAS ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four ...

docket:	a2563-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	unpublished
citation:
Document Size:	86850

2845 MAJESTIC CONTRACTING LLC v. WILLIAM H. NUNZIATO -- rank: 826

... to the purposes of the Municipal Law Use Law (MLUL), N.J.S.A. 40:55D-1 to -136, specifically N.J.S.A. 40:55D-2. Finally, Majestic alleged that the conditions at ... inconsistent with or prohibited by this Constitution or by law. N.J.S.A. 40:55D-92 provides that, because the MLUL is "necessary ... at least one of the fifteen general purposes identified at N.J.S.A. 40:55D-2. Manalapan Realty , supra , 140 N.J. at ... J. 357 (2002)), certif. denied , 185 N.J. 596 (2005). N.J.S.A. 40:55D-38 provides that "[a]n ordinance requiring approval ... the MLUL, except in connection with general development plans under N.J.S.A. 40:55D-45.2(l), but noted that "'the ...

docket:	a1659-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-18
status:	unpublished
citation:
Document Size:	48409

2846 STATE OF NEW JERSEY v. L.L.M. -- rank: 826

... L.L.M.'s conviction of second-degree sexual assault, N.J.S.A. 2C:14-2b, and endangering the welfare of a child, N.J.S.A. 2C:24-4a. The minor victim of the sexual abuse ... charged defendant with four crimes: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2b (count two); second-degree sexual assault, N.J.S.A. 2C:14-c(1) (count three); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (count four). After various pretrial evidentiary ...

docket:	a6274-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-25
status:	unpublished
citation:
Document Size:	58846

2847 KATHLEEN WARRICK v. PARSIPPANY-TROY HILLS BOARD OF EDUCATION -- rank: 826

... with the District violated the Conscientious Employee Protection Act ("CEPA"), N.J.S.A. 34:19-1 to -14. Plaintiff additionally claimed that the ... Inspection/Maintenance Issues and Plaintiff's Alleged Whistleblowing Pursuant to N.J.S.A. 39:3B-21(a)(1) and N.J.A.C ... deter such willful or wanton acts in the future. See N.J.S.A. 2A:15-5.9 to -5.17. Punitive damages issues ... Corp. , 153 N.J. 163 , 193-94 (1998); see also N.J.S.A. 34:19-3. In order to establish a cognizable CEPA ... he or she performed a "whistle-blowing" activity described in N.J.S.A. 34:19-3[(a) or (c), such as discussing or ... matter of law to trigger whistleblower status and protection. See N.J.S.A. 34:19-3(a) and (c). It was not ...

docket:	a6035-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-09
status:	unpublished
citation:
Document Size:	104821

2848 STATE OF NEW JERSEY v. MIKE MARTINEZ -- rank: 826

... charging him with first degree aggravated manslaughter of Kerron Butler, N.J.S.A. 2C:11-4(a)(1), first degree attempted murder of Earnest Earvin, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1),(2), third degree possession of a weapon for unlawful purposes, N.J.S.A. 2C:39-4(d), and fourth degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d). On May 18, 2008, another Somerset ... third degree possession of cocaine with the intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S. ...

docket:	a0655-09
court:	NJ Superior Court Appellate Division
decided:	2013-11-13
status:	unpublished
citation:
Document Size:	98234

2849 Township of West Orange v. 769 Associates, LLC -- rank: 826

... fees and expenses may be recovered by a condemnee under N.J.S.A . 20:3-26(b) of the Eminent Domain Act of ... The panel also held that to qualify for reimbursement under N.J.S.A . 20:3-26(b), the costs incurred by the property ... “the amount involved and the results obtained.” 1. N.J.S.A . 20:3-26(b) provides for the award of counsel ... 9-12) 2. For an abandonment to take place under N.J.S.A . 20:3-26(b), a condemnation complaint must have been ... this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part ... expenses actually incurred, including reasonable attorney, appraisal, and engineering fees. [ N.J.S.A. 20:3-26(b).] In particular, we have been ...

docket:	a-113-07
court:
decided:	2009-04-09
status:
citation:	198 N.J. 529
Document Size:	78771

2850 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 826

... a verified complaint and order to show cause, pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C-12, seeking temporary custody of A.J. (the ... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , ...

docket:	a2949-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	48935