Search Rutgers Law Library N.J. Court Opinions

301 Sam Hargrove, et. al. v. Sleepy’s, LLC Sam Hargrove, et. al. v. Sleepy’s, LLC -- rank: 846

... for purposes of the New Jersey Wage Payment Law (WPL), N.J.S.A. 34:11-4.1 to -4.14, and the New Jersey Wage and Hour Law (WHL), N.J.S.A. 34:11-56a to -56a38? This Court granted the petition ... ABC” test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether a plaintiff is ... to discern legislative intent. (pp. 10-12) 2. The WPL, N.J.S.A. 34:11-4.1 to -4.14, governs the time ... independent contractors and subcontractors shall not be considered employees.” N.J.S.A. 34:11-4.1(b). Although neither the text of ... the WPL as well. (pp. 13-15) 3. The WHL, N.J.S.A. 34:11-56a to -56a38, is designed to protect ...

docket:	A-70-12 A-70-12
court:	NJ Supreme Court NJ Supreme Court
decided:	2015-01-14 2015-01-14
status:
citation:	220 N.J. 289 106 A.3d 449
Document Size:	111702

302 State v. Rashaun Bell -- rank: 846

... a unanimous Court. In this appeal, the Court considers whether N.J.S.A. 2C:11-5.1, which criminalizes the act of leaving ... of leaving the scene of an accident in violation of N.J.S.A. 2C:11-5.1, and two counts of causing the ... a vehicle without a driver’s license, in violation of N.J.S.A. 2C:40-22(a). Defendant moved to dismiss the second ... count of leaving the scene of a fatal accident under N.J.S.A. 2C:11-5.1, arguing that the act of leaving ... the right to appeal the trial court’s interpretation of N.J.S.A. 2C:11-5.1. In exchange, the State agreed to ... a five-year term of imprisonment for each count under N.J.S.A. 2C:11-5.1, to run consecutively. The trial ...

docket:	a-75-20
court:	NJ Supreme Court
decided:	2022-05-16
status:
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Document Size:	83483

303 /usr/local/share/www/libweb/collections/courts/supreme/a-37-17.opn.html -- rank: 846

... April 3, 2013: second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and fourth-degree unlawful disposition of a weapon, N.J.S.A. 2C:39-9(d). The remaining six counts related only ... the remaining six counts of the indictment. E. Pursuant to N.J.S.A. 2C:44-3(a), the State moved for the imposition ... of second-degree unlawful possession of a weapon contrary to N.J.S.A. 2C:39-5(b). The trial court found defendant to be a persistent offender within the meaning of N.J.S.A. 2C:44-3(a). Relying on State v. Pierce, 188 ... of those transactions.” The court applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), “[t]he risk ...

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304 CIVALIER V. THE ESTATE OF MARGARET J. TRANCUCCI -- rank: 846

... entities filed motions for summary judgment on the basis of N.J.S.A. 59:4-21 or N.J.S.A. 59:4-4 (requiring emergency warning of dangerous conditions that ... removed, the intersection became an ordinary "uncontrolled intersection," regulated by N.J.S.A. 59:4-4 of the Tort Claims Act, a public ... a false sense of security, thus constituting a "trap" under N.J.S.A. 59:4-4 (Section 4-4). Under Section 4-4 ... public entities and found in the plain language of both N.J.S.A. 59:4-5 and 59:4-4. Moreover, in view ... entities filed motions for summary judgment on the basis that N.J.S.A. 59:4-5 grants them immunity from liability for " ...

docket:	a-93-93
court:	njsupreme
decided:	1994-10-20
status:
citation:	138 N.J. 52
Document Size:	93573

305 In re the Contest of the November 8, 2005 General Election for the Office of Mayor of the Township of Parsippany-Troy Hills -- rank: 846

... manner in which the contest may be brought and decided. N.J.S.A. 19:29-1 to -14. In light of the fact ... the technical ground of lack of verification as required by N.J.S.A. 19:29-2. (pp. 16-19) 2. The dispute that ... been counted, a permitted ground for an election contest under N.J.S.A. 19:29-2. This provision states that the petition should ... first is the statutory provision relating to amendments of petitions, N.J.S.A. 19:29-5, which has also changed over time. Under ... of the statute that affects the Court�s consideration is N.J.S.A. 19:29-7, which authorizes the court in an election ... votes, on November 16, 2005, Agostini sought both a recount, N.J.S.A. 19:28-1, and a recheck, N.J.S. ...

docket:	a-90-06
court:	njsupreme
decided:	2007-11-08
status:
citation:	*CITE_PENDING*
Document Size:	119653

306 /usr/local/share/www/libweb/collections/courts/appellate/a-4-21.opn.html -- rank: 846

... June 28, 2022 SOLOMON, J., writing for a unanimous Court. N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ... this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an investigatory ... suspicion of a tinted windows violation pursuant to adjacent statute N.J.S.A. 39:3-75. Defendant subsequently pled guilty to second-degree ... a reasonable and articulable suspicion of a motor vehicle violation. N.J.S.A. 39:3-75, which governs automotive safety glass, 1 does ... to window tint violations. Consistent with the plain language of N.J.S.A. 39:3-74, reasonable and articulable suspicion of a tinted ... Defendant was cited for a tinted windows violation pursuant to N.J.S.A. 39:3-74, which provides in pertinent part that ...

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court:	NJ Superior Court Law/Chancery Division
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307 State of New Jersey v. P.Z. -- rank: 846

... notified DYFS about C.Z.'s injuries as mandated by N.J.S.A. 9:6-8.10 when there is �reasonable cause to ... injuries. Shortly thereafter, on behalf of DYFS and pursuant to N.J.S.A. 30:4C-12, the Attorney General instituted a civil action ... unable to ascertain who had caused the child's injuries. N.J.S.A. 9:6-8.21. Defendant and his wife were represented ... degree: endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4a, and aggravated assault, in violation of See ... that the legal rights of such children are fully protected. [ N.J.S.A. 9:6-8.8.] ����Because child abuse and neglect are ... of child abuse� must inform DYFS See footnote 3 immediately. N.J.S.A. 9:6-8.10. The Division is required to ...

docket:	a-21-96
court:	njsupreme
decided:	1997-11-26
status:
citation:	143 N.J. 480
Document Size:	140018

308 County of Morris v. Fauver -- rank: 846

... Defense and Disaster Control Act ("CDDCA" or "Disaster Control Act"), N.J.S.A. App. A:9-30 to -63. In this appeal, we ... a similar issue under the County Correctional Policy Act ("CCPA"), N.J.S.A. 30:8-16.3 to -16.l2. Specifically, this appeal ... county correctional services may be developed, implemented, operated and improved.� N.J.S.A . 30:8-16.5(a). In return, the Act permits ... certain sexual offenses, in medium and minimum security county facilities. N.J.S.A . 30:8-16.5(b). The counties are instructed to ... formation of �per diem reimbursement rates favorable to the State.� N.J.S.A . 30:8-16.7. As noted by the Appellate Division ... the useful life of the facility, as set forth in N.J.S.A. 40A:2-22 (forty years). At the end of ...

docket:	a-59-97
court:	njsupreme
decided:	1998-03-09
status:
citation:	153 N.J. 80
Document Size:	97147

309 STATE V. RIGOBERTO MEJIA -- rank: 846

... will stand, and the Law Division shall sentence him under N.J.S.A. 2C:11-3b. If the State elects to seek the ... County Grand Jury charged Mejia with murder, in violation of N.J.S.A. 2C:39-5b. The prosecutor served a notice of aggravating ... specifying that Mejia had committed the murder during a felony, N.J.S.A. 11-3c(4)(g) ("the c(4)(g) factor"). ����The ... the requirement that a murder is "knowing" or "purposeful" under N.J.S.A. 2C:11-3a. Because of recent constitutional and statutory amendments ... M. Cannel, New Jersey Criminal Code, Annotated , comment 13 to N.J.S.A. 2C:11-3a, murder is defined as a criminal homicide ... of at least a thirty-year mandatory term, pursuant to N.J.S.A. 2C:11-3b. [ Brown , supra , 138 N.J. at ...

docket:	a-4-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 475
Document Size:	130861

310 State of New Jersey v. David Loftin -- rank: 846

... the Court to consider the constitutionality of an amendment to N.J.S.A. 2C:11-3e as Amended. . . 23 ����A. ����Pending Appeals . . . . . . . . . . . . . . . . . . . 23 ... request for proportionality review of his death sentence pursuant to N.J.S.A. 2C:11-3e. Id. at 397. This appeal requires us first to consider the constitutionality of an amendment to N.J.S.A. 2C:11-3e that limits proportionality review to a specific ... Jersey Capital Punishment Act, L. 1982, c. 111 (codified at N.J.S.A. 2C:11-3e. Later, the Senate Judiciary Committee explained that ... In response to Pulley , however, the New Jersey Legislature amended N.J.S.A. 2C:11-3e to abolish mandatory proportionality review and to ... c. 178. Then, in 1992, the proportionality review provision of N.J.S.A. 2C:11-3e was amended yet again to define ...

docket:	a-86-96
court:	njsupreme
decided:	1999-02-01
status:
citation:	157 N.J. 253
Document Size:	484984

311 State v. Marie Hess -- rank: 846

... knowingly causing the death of her husband in violation of N.J.S.A. 2C:11-3(a)(1) and (2). Defense Investigation Defendant� ... year parole disqualifier; concede “that the aggravating factors under N.J.S.A. 2C:44-1a so preponderate over the mitigating factors set forth in N.J.S.A. 2C:44-1b as to make the maximum term of ... gravity and seriousness of harm inflicted on the victim,” N.J.S.A. 2C:44-1(a)(2), because “Mr. Hess was ... and for aggravating factor number nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). The court also found support ... factor number seven, because defendant had no prior criminal record, N.J.S.A. 2C:44-1(b)(7), and mitigating factor number ...

docket:	a-113-09
court:	superior court trial
decided:	2011-07-21
status:
citation:
Document Size:	204130

312 State of New Jersey v. Robert R. Simon -- rank: 846

... and knowing murder, each by his own conduct, contrary to N.J.S.A. 2C:18-2 (count four); third-degree theft, contrary to N.J.S.A. 2C:20-3 (count five); third-degree unlawful possession of a firearm, contrary to N.J.S.A. 2C:58-4 and 39-5b (count six); and second ... possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4a (count seven). Defendant was also charged with ... possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4a (count nine). Count eight was only against ... with second-degree eluding a law enforcement officer, contrary to N.J.S.A. 2C:29-2. Because the State did not know ...

docket:	a-149-97
court:	njsupreme
decided:	1999-08-11
status:
citation:	161 N.J. 416
Document Size:	211768

313 IMO Civil Commitment of J.M.B. -- rank: 846

... the Court. The New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, defines a � ... offense” can be any offense specifically listed in the SPVA, N.J.S.A. 30:4-27.26(a) (subsection (a)); such offenses include ... kidnapping, and felony murder involving sexual assault. In addition, under N.J.S.A. 30:4-27.26(b) (subsection (b)) “any offense ... HELD: When faced with an application for civil commitment under N.J.S.A . 30:4-27.26(b), a court may consider the ... to the sexually violent conduct encompassed by the offenses in N.J.S.A . 30:4-27.26(a), then that prior conviction may ... New Jersey’s Sexually Violent Predator Act (SVPA or Act), N.J.S.A. 30:4-27.24 to -27.38, which defines ...

docket:	a-79-07
court:
decided:	2009-02-23
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citation:	197 N.J. 563
Document Size:	136118

314 Candace A. Moschella v. Hackensack Meridian Jersey Shore University Medical Center \r\n -- rank: 846

... 2024 SOLOMON, J., writing for a unanimous Court. Pursuant to N.J.S.A. 2A:53A-27, a plaintiff in an action against a ... J. 363 (2023). HELD: The AOM plaintiff submitted complied with N.J.S.A. 2A:53A-27. First, an AOM does not need to ... And the Appellate Division held that a plaintiff complied with N.J.S.A. 2A:53A-27 where the AOM identified the defendants only ... standard of care. As to the first point, given that N.J.S.A. 2A:53A-27 does not refer to the review of ... have been resolved. Because the Fallon AOM is compliant with N.J.S.A. 2A:53A-27’s requirements, the Court need not reach ... JUSTICE SOLOMON delivered the opinion of the Court. Pursuant to N.J.S.A. 2A:53A-27, a plaintiff in an action against ...

docket:	a_7_23
court:	supreme
decided:	2024-07-10
status:	Published
citation:
Document Size:	53584

315 STATE OF NEW JERSEY v. ROBERT J. GARDNER -- rank: 846

... in an indictment charging him with first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(l) (count one); second-degree vehicular homicide, N.J.S.A. 2C:11-5(a) (count two); third-degree causing a ... death while operating a motor vehicle with a suspended license, N.J.S.A. 2C:40- 22(a) (count three); fourth-degree operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b) (count four); and fourth-degree assault by auto, N.J.S.A. 2C:12-l(c)(2) (count five). In a separate ... third-degree unlawful possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1). A jury acquitted defendant ...

docket:	a2550-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	69762