Search Rutgers Law Library N.J. Court Opinions

2926 MARCO NEAD v. UNION COUNTY EDUCATIONAL SERVICES COMMISSION -- rank: 824

... his former employer pursuant to the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49; 1 the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8; and the common law. 2 ... found that "[p]hysical abuse was unfounded in accordance with N.J.S.A. 9:6-8.21." On May 1, 2006, Nead applied ... IAIU was not actionable because of the statutory immunity of N.J.S.A. 9:6-8.13 ("[a]nyone acting pursuant to this ... that immunity shields it for what actually occurred. Pursuant to N.J.S.A . 9:6-8.10, "[a]ny person having reasonable cause ... civil or criminal, that might otherwise be incurred or imposed." N.J.S.A. 9:6-8.13. This provision "affords a qualified ...

docket:	a3149-09
court:	superior court appellate division
decided:	2011-01-20
status:	unpublished
citation:
Document Size:	76623

2927 STATE OF NEW JERSEY v. CALEB L. MCGILLVARY -- rank: 824

... jury, defendant Caleb McGillvary was convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2). On May 30, 2019 ... Release Act's (NERA) eighty-five percent parole ineligibility. See N.J.S.A. 2C:43-7.2. He appeals by way of counseled ... AMOUNTING TO REVERSIBLE ERROR. POINT II CHARGING JURY BURDEN SHIFTING [ N.J.S.A.] 2C:2-8(d) INSTRUCTION OVER [DEFENDANT]'S OBJECTION DEPRIVES ... quoting State v. Sims, 65 N.J. 359, 373 (1974)). N.J.S.A. 2C:11-3(a) provides that 'criminal homicide constitutes murder ... Wilder, 193 N.J. at 409 (alteration in original) (quoting N.J.S.A. 2C:11-4). Aggravated manslaughter differs in that it 'does ... quoting Cannel, N.J. Criminal Code Annotated, cmt. 2 on N.J.S.A. 2C:11-4 (2007)). Therefore, if a 'defendant disregarded ...

docket:	a4519-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-04
status:	Unpublished
citation:
Document Size:	56055

2928 MONIKA VAKULCHIK v. BOARD OF EDUCATION OF THE BOROUGH OF DUNELLEN MIDDLESEX COUNTY -- rank: 824

... to provide her with proper notice of non-renewal under N.J.S.A. 18A:27-10. Before us, the Board contends the Commissioner ... statute in a restrictive manner and it substantially complied with N.J.S.A. 18A:22-10's notice requirements. We disagree and affirm ... received notice from the chief school administrator in accordance with N.J.S.A. 18A:27-10; 27-11 that employment for the succeeding ... that the Board's non-compliance with notice requirements under N.J.S.A. 18A:27-10 should have resulted in the renewal of ... which did not constitute written notice of non-renewal under N.J.S.A. 18A:27-10. She also alleged that the vote at ... that a plain language interpretation suggested that the requirements of N.J.S.A. 18A:27-10 had not been met, as petitioner ...

docket:	a0414-21
court:	NJ Superior Court Appellate Division
decided:	2022-04-29
status:	Unpublished
citation:
Document Size:	38702

2929 Melissa Lee v. Carter-Reed Company, L.L.C. -- rank: 824

... disfavored. (pp. 24-28) 3. Under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -181, a consumer who proves 1 ... dietary supplement pill, violated the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -181, 3 breached express and implied ... claim. C. The Consumer Fraud Act (CFA or the Act), N.J.S.A. 56:8-1 to -181, provides relief to consumers from ... engaged in an “unlawful practice,” as defined in N.J.S.A. 56:8-2, and that she “suffer[ed] [an ... of the use or employment” of the unlawful practice. See N.J.S.A. 56:8-19. 10 A consumer who proves (1) an ... and/or equitable relief, treble damages, and reasonable attorneys’ fees, N.J.S.A. 56:8-19. An unlawful practice, as defined under ...

docket:	a-38-09
court:	New Jersey Supreme Court
decided:	2010-09-29
status:
citation:	203 N.J. 496 4 A.3d 561
Document Size:	118944

2930 State v. Michael D. Miller -- rank: 824

... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), because the pornography possessed and ... committed in an especially heinous, cruel, or depraved manner.” N.J.S.A. 2C:44-1(a)(1). When it assesses whether a ... “sexual intercourse” and “nudity,” among other things. N.J.S.A. 2C:24-4 (2012). At Miller’s sentencing hearing, the ... extended to the extreme reaches of the behavior prohibited by N.J.S.A. 2C:24-4. Further, the trial judge appropriately considered the victims’ ages when applying aggravating factor one. N.J.S.A. 2C:24-4 contained an element of age, but that ... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), because the pornography possessed ...

docket:	a-70-17
court:	NJ Supreme Court
decided:	2019-02-20
status:
citation:	237 N.J. 15 203 A.3d 102
Document Size:	55711

2931 ZORBA CONTRACTORS, INC. v. HOUSING AUTHORITY OF THE CITY OF NEWARK, -- rank: 824

... in a private action under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -109. We conclude that the 1971 ... Kelly , 54 N.J. 364 , 370 (1969). ����We conclude that N.J.S.A. 56:8-19 reflects an implied legislative intent to provide ... Attorney General, who was provided with broad powers to investigate, N.J.S.A. 56:8-5, and seek injunctions prohibiting fraudulent conduct and ... make whole any person damages by conduct ������������violating the Act, N.J.S.A. 56:8-8. . . . ����������������In 1971, the Legislature amended the Act ... fees, and costs. L. 1971, c. 247, � 7, codified at N.J.S.A. 56:8-19. [Footnote omitted.] ��������The 1971 amendment to the ... basis of age under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42, its holding could be ...

docket:	a5588-99
court:	njappellate
decided:	2003-07-11
status:	published
citation:	362 N.J. Super. 124
Document Size:	44690

2932 STATE OF NEW JERSEY v. M.M. -- rank: 824

... defendant M.M. with (1) first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(2) (Count One); (2) second-degree sexual assault, N.J.S.A. 2C:14-2b (Count Two); (3) second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a; (4) third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3a (Count Four); and (5) third-degree terroristic threats, N.J.S.A. 2C:12-3a (Count Five). The victim in all of ... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2, along with parole supervision for ...

docket:	a2747-09
court:	NJ Superior Court Appellate Division
decided:	2012-11-09
status:	unpublished
citation:
Document Size:	59554

2933 STATE OF NEW JERSEY v. KEVIN BAKER -- rank: 824

... with the following offenses: conspiracy to commit first-degree murder, N.J.S.A. 2C:5-2 (count one); two counts of first-degree murder, N.J.S.A. 2C:11-3(a) (counts two and three); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- 4(a) (count four); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count five); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7 (counts six and seven). The parties tried ...

docket:	a0716-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-26
status:	Unpublished
citation:
Document Size:	129777

2934 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R 1:36-3 OUR LADY OF LOURDES HOSPITA -- rank: 824

... to the New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-1 to -19.5, which assigns the responsibility for administering our state program to the Division. N.J.S.A. 30:4D-7. The Hospital is an acute care facility ... so, the ALJ decided that the term "economic factor" in N.J.S.A. 10:52-5.17(a) refers to the "applicable percentage ... the Division correctly interpreted the term "TEFRA target limitations" in N.J.S.A. 10:52-5.17(a) to mean the "applicable percentage ... to comment, as required by the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. The Hospital contends that because ... describes the organization, procedure or practice requirements of any agency." N.J.S.A. 52:14B-2(e). When an administrative agency action ...

docket:	a2919-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	61257

2935 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.N.C. -- rank: 824

... by a preponderance of the "competent, material and relevant evidence[.]" N.J.S.A. 9:6-8.46(b); see also N.J. Dep ... R. , 435 N.J. Super. 392 , 401 (App. Div. 2014). N.J.S.A. 9:6-8.21(c)(4) provides that an "abused ... harm." A.L. , supra , 213 N.J. at 23 (citing N.J.S.A. 9:6-8.21(c)(4)(b)). While the Division ... gross or wanton negligence required to trigger the proscriptions of N.J.S.A. 9:6-8.21(c)(4). Defendant's argument misconstrues ... admissible and an in camera interview was unwarranted. Pursuant to N.J.S.A. 9:6-8.46(a)(4), "previous statements made by ... the Dodd Act. The Act, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. See N. ...

docket:	a2530-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	unpublished
citation:
Document Size:	55017

2936 /usr/local/share/www/libweb/collections/courts/appellate/a3213-19.opn.html -- rank: 824

... plaintiff J.R.'s alleged cohabitation with M.S. under N.J.S.A. 34-23(n). Defendant contends he established a prima facie ... enforceable promises of support; and (7) all other relevant evidence. N.J.S.A. 21:34-23(n). A-3213-19 10 Factor two ... evidence to establish a prima facie showing of cohabitation under N.J.S.A. [2A:34-23(n)]. . . . .... [F]rom the [c]ourt's ... the court from time to time as circumstances may require.' N.J.S.A. 2A:34-23. To make such a modification, a showing ... A-3213-19 13 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Those amendments defined cohabitation as 'involv ... union but does not necessarily maintain a single common household.' N.J.S.A. 2A:34- -23(n). To determine whether there is ...

docket:
court:
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Document Size:	46935

2937 T.G. v. PHILIP L. KAPLAN Ph.D -- rank: 824

... abuse, cruelty and neglect." Her complaint alleged T.G. violated N.J.S.A. 9:6-1(e) and 9:6-8.21(c ... physically and sexually abused the minor children, in violation of N.J.S.A. 9:6-1(e) and 9:6-8.21(c ... children's affections were precluded by the Heart Balm Act, N.J.S.A. 2A:23-1. Finally, the judge concluded that T.G ... award of attorneys' fees for frivolous claims is governed by N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The ... two years of the accrual of such cause of action. N.J.S.A. 2A:14-2(a). However, as the Supreme Court has ... a bar to the children's claims, we disagree. As N.J.S.A. 2A:14-21 makes clear, the statute of limitations ...

docket:	a5523-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	unpublished
citation:
Document Size:	77883

2938 S.P. V. COLLIER HIGH SCHOOL, ET ALS -- rank: 824

... but within a year of, plaintiff's eighteenth birthday). See N.J.S.A. 59:8-1, -8, -9. Vedutis v. Tesi , 135 N ... to file a late notice under the Tort Claims Act, N.J.S.A. 59:8-8, was dated August 22, 1995. A transcript ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-1 (defining "accrual"); 304 N.J. Super. 543 ... until plaintiff's eighteenth birthday on September 7, 1994. See N.J.S.A. 59:8-9 grants the court discretion to permit a ... a late notice of claim within a reasonable time thereafter. ��������[ N.J.S.A. 59:8-9 (emphasis added).] See footnote 5 ����Plaintiff clearly failed to meet the requirements of N.J.S.A. 59:8-9. She submitted no affidavit based upon ...

docket:	a6590-96
court:	njappellate
decided:	1999-03-11
status:	published
citation:	319 N.J.Super. 452
Document Size:	49452

2939 STATE OF NEW JERSEY v. TYSHON M. NIEVES -- rank: 824

... to turn over a controlled dangerous substance in violation of N.J.S.A. 2C:35-10(c) in part to support its finding ... their safety or the destruction of evidence. An offense under N.J.S.A. 2C:35-10 is committed by any individual possessing a ... court correctly cited defendant's prior conviction for resisting arrest, N.J.S.A. 2C:29-2, as a basis supporting a heightened concern ... whether defendant was convicted of fourth-degree resisting by flight, N.J.S.A. 2C:29-2(a)(2), or third-degree resisting arrest ... of causing physical injury to the public servant or another,' N.J.S.A. 29:2-2(a)(3)(a) and (b). Thus, that ...

docket:	a3379-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-09
status:	Published
citation:
Document Size:	59007

2940 CITY OF CAMDEN v. JANE KENNY, et al. -- rank: 824

... its authority under the "Local Government Supervision Act of 1947," N.J.S.A. 52:27BB-1 to -100 (Supervision Act). The City has been under supervision pursuant to the Supervision Act, N.J.S.A. 52:27BB-54, since May 10, 2000 because of its ... the City "substantially jeopardizes the fiscal integrity of the municipality." N.J.S.A. 52:27BB-55(6). Upon such a determination, the LFB could initiate action pursuant to N.J.S.A. 52:27BB-56 to determine whether the City should be ... its supervision pursuant to Article 4 of the Supervision Act, N.J.S.A. 52:27BB-54 to -95.1. The LFB adopted a ... powers under the Act, including the section dealing with personnel, N.J.S.A. 52:27BB-66.1, the appointment and dismissal power ...

docket:	A0544-00
court:	NJ Superior Court Appellate Division
decided:	2000-12-22
status:	published
citation:	336 N.J. Super. 53
Document Size:	40349