Search Rutgers Law Library N.J. Court Opinions

31 Liberty Insurance Corp. v. Techdan -- rank: 848

... for fraud under the IFPA, workers’ compensation premium fraud under N.J.S.A. 34:15-57.4, and common-law fraud. It also ... it were to find a pattern of fraudulent conduct under N.J.S.A. 17:33A-7(b) against any defendant, any compensatory damages ... argued that the jury should allocate fault in accordance with N.J.S.A. 2A:15-5.2(a)(2). Notwithstanding the prior judgeâ ... to allocate percentages of fault to defendants in accordance with N.J.S.A. 2A:15-5.2(a)(2). The Appellate Division also ... petition, 251 N.J. 41 (2022). 2 HELD: Pursuant to N.J.S.A. 2A:15-5.2(a) and -5.2(d), the ... that a new jury may apportion percentages of fault under N.J.S.A. 2A:15-5.2(a)(2). The Court does ...

docket:	a-52-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-15
status:
citation:
Document Size:	88191

32 State v. Rodney J. Miles -- rank: 848

... jurisdiction to resolve defendant’s disorderly-persons charge pursuant to N.J.S.A. 2B:12-17, and failure to join does not automatically ... possession of marijuana with intent to distribute, in violation of N.J.S.A. 2C:35-5(b)(12), and possession of a controlled ... within 1000 feet of a school property, in violation of N.J.S.A. 2C:35-7. In a separate municipal summons, defendant was ... of fifty grams or less of marijuana, in violation of N.J.S.A. 2C:35-10(a)(4). Those charges arose from the ... disorderly-persons offense -- loitering to possess marijuana, in violation of N.J.S.A. 2C:33-2.1(b)(1). Confusion ensued as evidenced ... may only conduct proceedings in a criminal case before indictment. N.J.S.A. 2B:12-19(a). Once an indictment is returned, ...

docket:	A-72-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-16
status:	unpublished
citation:	229 N.J. 83 160 A.3d 23
Document Size:	168550

33 State v. J.R. -- rank: 848

... II. Defendant was charged with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); second-degree sexual assault, N.J.S.A. 2C:14-2(b); and fourth-degree child abuse, N.J.S.A. 9:6-1 and 9:6-3. Prior to defendantâ ... incarceration, subject to an eighty-five percent parole disqualifier under N.J.S.A. 2C:43-7.2, for first-degree aggravated sexual assault ...

docket:	A-50-15
court:	NJ Supreme Court
decided:	2017-01-09
status:
citation:	221 N.J. 601 115 A.3d 1264
Document Size:	118960

34 State v. June Gorthy -- rank: 848

... a criminal defendant is found competent to stand trial under N.J.S.A. 2C:4-4, he or she has the autonomy to ... in determining whether defendant is competent to stand trial under N.J.S.A. 2C:4-4(b) is whether defendant has the capacity ... for his or her conduct under the standard stated in N.J.S.A. 2C:4-1. It is an affirmative defense that defendant ... available options for defendant’s disposition are set forth in N.J.S.A. 2C:4-8(b)(3). (pp. 20-21) 3. A ... describe civil commitment and the other potential dispositions prescribed by N.J.S.A. 2C:4-8(b); and confirm the defendant’s understanding ... court should assess defendant’s competency to stand trial under N.J.S.A. 2C:4-4, based on current information and mental ...

docket:	A-51-14
court:	NJ Supreme Court
decided:	2016-09-28
status:
citation:	226 N.J. 516 145 A.3d 146
Document Size:	110695

35 James R. Jarrell, et al. v. Richard A. Kaul, M.D., et al. -- rank: 848

... must obtain and maintain medical malpractice liability insurance pursuant to N.J.S.A. 45:9-19.17. Specifically, the court considers whether: (1 ... against Dr. Kaul based on his lack of insurance because N.J.S.A. 45:9-19.17 does not provide a private cause ... injured parties. For the same reasons, the panel concluded that N.J.S.A. 45:19-17(b), does not permit a direct action ... plaintiffs’ cross-petition. 216 N.J. 366 (2013). HELD: Under N.J.S.A. 45:9-19.17, an injured patient does not have ... or she could post a letter of credit. The statute, N.J.S.A. 45:9-19.17, was later amended to require physicians ... injured by negligent medical care. Thus, the Court concludes that N.J.S.A. 45:9-19.17 neither expressly nor implicitly recognizes ...

docket:	A-42-13
court:	NJ Supreme Court
decided:	2015-09-29
status:
citation:	223 N.J. 294 123 A.3d 1022
Document Size:	143253

36 Nancy L. Holm v. Daniel M. Purdy -- rank: 848

... defendant Daniel Purdy, an insurance broker, had a duty under N.J.S.A. 34:15-36 to inform the members of Holmdel Nurseries ... failed to provide to the LLC the notice mandated by N.J.S.A. 34:15-36 and that Christopher was unaware that he ... judgment at trial. 2 The Appellate Division reversed, holding that N.J.S.A. 34:15-36 imposes on an insurance broker a non ... of commission or omission” in order to recover damages, as N.J.S.A. 34:15-36 prescribes. Instead, the appellate court concluded that ... Informed by the Legislature’s expression of public policy in N.J.S.A. 34:15-36, the Court concurs with the Appellate Division ... purchase such coverage in order to obtain it. Consistent with N.J.S.A. 34:15-36, however, the Court holds that defendant ...

docket:	a-39-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-13
status:
citation:
Document Size:	84520

37 ESTATE OF WILLIAM MASSI, ET AL. VS. BETTE BARR, ET AL. -- rank: 848

... the Law Division. Plaintiffs invoked the Tort Claims Act ('TCA'), N.J.S.A. 59:1-1 to :12-3, alleging that Monroe's ... the limitations of [the TCA].'' Ibid. (alteration in original) (quoting N.J.S.A. 59:1-2). '[T]he 'guiding principle' of the [TCA ... injury caused by the 'dangerous condition' of its public property. N.J.S.A. 59:4-2. The applicable standards for dangerous condition liability ... an injury under the general liability section of the TCA, N.J.S.A. 59:4-2, a plaintiff must prove several elements. As ... had actual or constructive notice of the dangerous condition under [N.J.S.A.] 59:4- 3 a sufficient time prior to the injury ... the failure to take such action was not palpably unreasonable. [N.J.S.A. 59:4-2.] The TCA defines a dangerous condition ...

docket:	a2005-21
court:	appellate
decided:	2024-06-26
status:	Unpublished
citation:
Document Size:	88798

38 /usr/local/share/www/libweb/collections/courts/appellate/a-67-15.opn.html -- rank: 848

... action brought under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, the Court determines whether the ... two-count complaint against Saint Clare’s, alleging violations of N.J.S.A. 10:5-4.1, a subsection of the LAD. The ... “reasonably precludes the performance of the particular employment.” N.J.S.A. 10:5-4.1. To prove a discriminatory discharge case ... action brought under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, the Appellate Division correctly reversed ... two-count complaint against Saint Clare’s, alleging violations of N.J.S.A. 10:5-4.1, a subsection of the LAD. The ... legal. The hospital cites various provisions of the LAD, including N.J.S.A. 10:5-5(q), -2.1, -4.1, and - ...

docket:	A-67-15
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:	230 N.J. 1 164 A.3d 1030
Document Size:	133865

39 STATE OF NEW JERSEY VS. MICHAEL OWENS -- rank: 848

... grand jury returned an indictment for (1) first-degree murder, N.J.S.A. 2C:11-3(a); (2) second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1); (3) second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b)(1); (4) third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(13); (5) fourth-degree theft by unlawful taking (M.L.'s cell phone), N.J.S.A. 2C:20-3(a); and (6) second-degree certain person not to have a weapon, N.J.S.A. 2C:39-7(b)(1). Before trial, defense counsel ...

docket:	a1148-22
court:	appellate
decided:	2024-06-10
status:	Unpublished
citation:
Document Size:	66266

40 Inthe Matter of the Application of the State of New Jersey for the Forfeiture of Personal Weapons and Firearms Identification Card Belonging to F.M. -- rank: 848

... pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35 (Domestic Violence Act), should be forfeited pursuant to N.J.S.A. 2C:58-3(c)(5) based on the State’s ... in the interest of public health, safety or welfare.” N.J.S.A. 2C:58-3(c)(5). At the evidentiary hearing on ... F.M. is not disqualified from possessing a firearm under N.J.S.A. 2C:58-3(c)(5). The appellate panel remanded the ... ’s personal weapon and identification card is inconsistent with N.J.S.A. 2C:58-3(c)(5) and, therefore, F.M.’s weapon and identification card are forfeited. 1. N.J.S.A. 2C:58-3(c) provides that a “person ...

docket:	A-60-14
court:	NJ Supreme Court
decided:	2016-06-30
status:
citation:	225 N.J. 487 139 A.3d 67
Document Size:	124284

41 American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey \r\n\t\t\t \r\n\t\t \r\n \r\n\r\n\t\t\t\t\r\n -- rank: 848

... disclose records pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and a public entity subject ... not a public agency” as that term is defined by N.J.S.A. 47:1A-1.1. CPANJ also denied the ACLU’s ... this action, alleging that CPANJ is a public agency under N.J.S.A. 47:1A-1.1 because it is “an instrumentality ... CPANJ is not a public agency within the meaning of N.J.S.A. 47:1A-1.1 and that, because CPANJ’s 1 ... 396 (2023). HELD: CPANJ is neither a public agency under N.J.S.A. 47:1A-1.1 nor a public entity subject to ... public agency” or “agency” denote the entities specified in N.J.S.A. 47:1A-1.1, which include “any political ...

docket:	a_33_22
court:	supreme
decided:	2024-04-16
status:	Published
citation:
Document Size:	102386

42 Leander Williams v. New Jersey State Parole Board -- rank: 848

... release under the Earn Your Way Out Act (EYWO Act), N.J.S.A. 30:4-123.55b to .55f. Leander Williams pled guilty ... days. Williams administratively appealed to the Parole Board, arguing that N.J.S.A. 30:4-123.59 precluded the panel from requiring an ... the requirement that Williams reside at the RTP, determining that N.J.S.A. 30:4-123.59(b)(1)(a) authorized the panel to impose an RTP and that N.J.S.A. 30:4-123.59(d) was “inapplicable.” Williams ... RTP for inmates administratively paroled under the EYWO Act. Although N.J.S.A. 30:4-123.59 generally authorizes the Parole Board to ... the conditions that can be imposed in that setting. 1. N.J.S.A. 30:4-123.53(a) details the process for ...

docket:	a-26-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-03
status:
citation:
Document Size:	69715

43 Richard W. Berg v. Hon. Christopher J. Christie -- rank: 848

... forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5). The Pension Adjustment Act (PAA) started ... provided by way of separate legislation -- the Pension Adjustment Act, N.J.S.A. 43:3B-1 to -10. Contrarily, plaintiffs argue that by ... right” statute. See L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5). Qualifying members of the State’s ... under the laws governing the retirement system or fund.” N.J.S.A. 43:3C-9.5(b). By codifying that “non ... for whom the right has attached, cannot be reduced.” N.J.S.A. 43:3C-9.5(a). That legislative enactment underscored the ... COLAs are part of the “benefits program” protected by N.J.S.A. 43:3C-9.5 depends on whether the Legislature, ...

docket:	A-71-72
court:	NJ Supreme Court
decided:	2016-06-09
status:
citation:
Document Size:	174735

44 Hansen v. Rite Aid Corp. -- rank: 848

... reasonable attorney’s fee as part of the cost.” N.J.S.A. 10:5- 27.1 Noting that fee-shifting statutes are ... a “prevailing party” entitled to seek counsel fees under N.J.S.A. 10:5-27.1. 4 Accordingly, during each of the ... 11- 4, he had no right to such fees under N.J.S.A. 10:5-27.1. The Court notes that the Eleventh ... To fairly compensate plaintiff and to further the objectives of N.J.S.A. 10:5-27.1, some degree of increase in the ... award of fees and costs to a prevailing party under N.J.S.A. 10:5-27.1, the fee-shifting provision of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50. Pursuant to Rendine and ...

docket:	a-47-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:
citation:
Document Size:	82896

45 Carol Ann Conforti v. County of Ocean -- rank: 848

... maintaining in part that OCJ was a medical facility under N.J.S.A. 59:6-1 and was therefore immune from liability under provisions of the TCA, N.J.S.A. 59:6-4, -5, and -6. The trial court refused ... 25 (2022). HELD: The definition of “medical facility” under N.J.S.A. 59:6-1 does not restrict the substantive immunities granted in N.J.S.A. 59:6-4, -5, or -6, which are also not ... at trial, that falls outside of any immunities granted by N.J.S.A. 59:6-4, -5, and -6. The jury could reasonably ... liability is the general rule and liability is the exception. N.J.S.A. 59:6-1 defines “medical facility” as “ ...

docket:	a-1-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-10
status:
citation:
Document Size:	156089