Search Rutgers Law Library N.J. Court Opinions

316 DOE V. PORITZ -- rank: 846

... Notification Laws, are constitutional. L. 1994, c. 133 (Registration Law, N.J.S.A. 2C:7-1 to -5) and L. 1994, c. 128 (Community Notification, N.J.S.A. 2C:7-6 to -11). We hold that they are ... and promptly resolving incidents involving sexual abuse and missing persons. [ N.J.S.A. 2C:7-1.] The legislative concern about the problem, and ... to criminal sanctions if and when it occurs again. See N.J.S.A. 2C:33-4. Obviously, as the dissent acknowledges, future community ... likely to pose a threat to the safety of others. N.J.S.A. 2C:7-2f. Registration records are open to any law ... or any other state, or any federal law enforcement agency. N.J.S.A. 2C:7-5. Failure to comply with the Registration ...

docket:	a-170-94
court:	njsupreme
decided:	1995-07-25
status:
citation:	142 N.J. 1
Document Size:	387194

317 Thomas John Salzano v. North Jersey Media Group, Inc. -- rank: 846

... are fair reports of debates in legislative bodies"). See also N.J.S.A. 2A:43-1 3 (addressing privileged character attaching to the ... be advanced. Further, sanctions may be imposed for frivolous pleadings. N.J.S.A. 2A:15-59.1. Likewise, litigants and attorneys must certify ...

docket:	a-78-08
court:	supreme
decided:	2010-05-11
status:
citation:
Document Size:	218723

318 Lula M. Henry v. New Jersey Department of Human Services -- rank: 846

... filing a complaint under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD). 2 In early 2006 ... all claims filed under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), in Superior Court. The ... date on which the cause of action “accrued.” N.J.S.A. 2A:14-2. Montells , supra , 133 N.J. at 285 ... discharge retaliation brought under the antiretaliation provision of the LAD, N.J.S.A. 10:5-12(d). 200 N.J. at 561. The ...

docket:	a-69-09
court:	New Jersey Supreme Court
decided:	2010-12-10
status:
citation:	204 N.J. 320 9 A.3d 882
Document Size:	821745

319 State v. Ivonne Saavedra -- rank: 846

... that she was committing such act in an unauthorized manner. N.J.S.A. 2C:30-2(a). Before the grand jury, the State ... on all four elements of official misconduct in violation of N.J.S.A. 2C:30-2(a). (pp. 18-25) 3. The second ... property of another with purpose to deprive him thereof.” N.J.S.A. 2C:20-3(a). The offense of theft constitutes a ... the keeping of any public office or public servant.” N.J.S.A. 2C:20-2(b)(2)(g). Before the grand jury ... retaliation claims under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. Quinlan does not govern the ... § 1232g, as well as the state pupil records statute, N.J.S.A. 18A:36-19, and implementing regulations codified at N. ...

docket:	A-68-13
court:	NJ Supreme Court
decided:	2015-06-23
status:
citation:	222 N.J. 39 117 A.3d 1169
Document Size:	119115

320 State v. Noel E. Ferguson -- rank: 846

... to prosecute the three defendants under its strict-liability statute, N.J.S.A. 2C:35-9, for Cabral’s drug-induced death in ... in violation of the strict-liability drug-induced death statute, N.J.S.A. 2C:35-9. Each defendant moved separately to dismiss the ... of the victim) -- the necessary elements for a conviction under N.J.S.A. 2C:35-9 and for territorial jurisdiction under N.J.S.A. 2C:1-3(a)(1) -- occurred in New Jersey. In ... induced death because the necessary conduct for a prosecution under N.J.S.A. 2C:35-9 and for territorial jurisdiction -- the distribution of ... have territorial jurisdiction to enforce the authority of its laws. N.J.S.A. 2C:1-3 sets forth six pathways to territorial ...

docket:	a-8-9-18
court:	NJ Supreme Court
decided:	2019-05-20
status:
citation:
Document Size:	72902

321 Oches v. Middletown Twp. Police Dept. -- rank: 846

... but reversed the award of counsel fees. It held that N.J.S.A. 11A:2-22, the statute under which Oches had been awarded attorney's fees, was in conflict with N.J.S.A. 40A:14-155, which specifically addresses the award of fees ... award of counsel fees in disciplinary proceedings for police officers, N.J.S.A. 40A:14-155, does not preclude the Board from exercising its statutory powers under N.J.S.A. 11A:2-22 to allow reimbursement for attorney's fees ... circumstances that are not inconsistent with the legislative purpose of N.J.S.A. 40A:14-155. Since this is such a case, the ... is made to interpret them harmoniously. It is clear that N.J.S.A. 40A:14-155 does not authorize counsel fees to ...

docket:	a-86-97
court:	njsupreme
decided:	1998-06-01
status:
citation:	155 N.J. 1
Document Size:	89906

322 In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 846

... the Fair Housing Act (FHA), L. 1985, c. 222; see N.J.S.A. 52:27D-302. With those regulations, the Council on Affordable ... mirroring the judicially crafted remedy. The FHA also created COAH, N.J.S.A. 52:27D-305, and provided it with rulemaking and adjudicatory ... the Fair Housing Act (FHA), L. 1985, c. 222. See N.J.S.A. 52:27D-302; Hills Dev. Co. v. Twp. of Bernards ... 1, 12 (1993) ( citing to Mount Laurel obligation found in N.J.S.A. 52:27D-302(a), (d), (e), -311(a), -314(a ... Further, the FHA created the Council on Affordable Housing (COAH), N.J.S.A. 52:27D-305, and provided it with rulemaking and adjudicatory ... call by enacting the FHA. L. 1985, c. 222; see N.J.S.A. 52:27D-302. B. The FHA created COAH and ...

docket:	A-90-10
court:	NJ Supreme Court
decided:	2013-09-26
status:
citation:
Document Size:	269213

323 Estate of Hiram A. Gonzalez v. City of Jersey City -- rank: 846

... Jersey Tort Claims Act (TCA), the Good Samaritan Act, or N.J.S.A. 26:2B-16, a statute that immunizes officers from liability ... The immunities from liability provided by the Good Samaritan Act, N.J.S.A. 26:2B-16, and most TCA provisions invoked by defendants ... person, even where there is no duty to do so. N.J.S.A. 2A:62A-1.1 immunizes law enforcement officers -- absent gross ... not implicate the Good Samaritan Act. (pp. 14-16) 2. N.J.S.A. 26:2B-16 is similarly inapplicable here. That statute imposes ... determination that would allow their actions to be immunized under N.J.S.A. 26:2B-16. Additionally, they provided no assistance to Gonzalez ... him. This is not action or assistance as contemplated by N.J.S.A. 26:2B-16. (pp. 16-19) 3. Liability under ...

docket:	a-19-20
court:	NJ Supreme Court
decided:	2021-08-04
status:
citation:
Document Size:	71789

324 Mary Richter v. Oakland Board of Education -- rank: 846

... the person injured or killed, except for intentional wrong.” N.J.S.A. 34:15-8. The LAD’s worthy purpose is no ... a right to a jury trial and punitive damages. And N.J.S.A. 10:5-13 was amended to add common law remedies ... WCA provides a workers’ compensation lien for an employer under N.J.S.A. 34:15-40. The Appellate Division reviewed that provision’s ... Richter recovered benefits under the Worker’s Compensation Act (WCA), N.J.S.A. 34:15-1 to -146, she pursued through this action a claim under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, alleging that her employer failed ... for bodily injuries or their equivalent, it is barred under N.J.S.A. 34:15-8 unless she proves that defendants engaged ...

docket:	a-23-19
court:	NJ Supreme Court
decided:	2021-06-08
status:
citation:
Document Size:	97020

325 R.H. VS. N.S., N.S. VS. R.H. -- rank: 846

... concerning appeals under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The purpose of the PDVA ... N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, ''[o]ur law is particularly solicitous ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19[(a)] has occurred.' Id. at 125 (citing N.J.S.A. 2C:25-29(a)). A-2499-22 8 If the ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29[(a)](1) to -29[(a)](6), to ... protection from immediate danger or the prevention of further abuse. [N.J.S.A. 2C:25-29(a).] Although the court is not ...

docket:	a2499-22a2500-22_0
court:	appellate
decided:	2024-04-18
status:	Unpublished
citation:
Document Size:	34343

326 State v. Keith V. Cuff -- rank: 846

... safe place,” an element of the second-degree offense. N.J.S.A. 2C:13-1(c). Defendant was properly convicted of three ... not released in a safe place prior to apprehension. See N.J.S.A. 2C:13-1(b)-(c). Here, the trial court properly ... Defendant “released” none of them within the meaning of N.J.S.A. 2C:13-1(c). The Court rejects the argument that ... degree kidnapping while in possession of a firearm contrary to N.J.S.A. 2C:13- 1(b)(1). The trial court sentenced defendant ... conviction of three counts of first-degree kidnapping. Pursuant to N.J.S.A. 2C:13-1, when the State proves the elements of ... the defendant is guilty of kidnapping in the second degree. N.J.S.A. 2C:13-1(c). Although the trial court instructed ...

docket:	a-79-17
court:	NJ Supreme Court
decided:	2019-08-06
status:
citation:	--- A.3d ----
Document Size:	94982

327 State v. Oscar Lopez-Carrera -- rank: 846

... considers whether the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, empowers judges to detain defendants ... pose a significant risk of non-appearance, danger, or obstruction. N.J.S.A. 2A:162-15, -17, -18. To enable judges to decide ... State v. Robinson, 229 N.J. 44, 56 (2017) (citing N.J.S.A. 2A:162-25(b)). To that end, the Act directed ... danger to the community while on pretrial 2 release.” N.J.S.A. 2A:162-26(c)(1). The risk assessment instrument considers ... the eligible defendant’s appearance in court when required.” N.J.S.A. 2A:162-18(a)(1) (emphasis added). The CJRA does ... First, the other two grounds for detention set forth in N.J.S.A. 2A:162-18(a)(1) -- the risk the defendant ...

docket:	a-8-9-20
court:	NJ Supreme Court
decided:	2021-03-30
status:
citation:
Document Size:	111694

328 Casamasino v. Div. of Taxation -- rank: 846

... reappointment to the position, thus giving rise to tenure under N.J.S.A. 54:1-35.31. The remaining claims were dismissed on ... C. �1983 , violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, violations of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, wrongful termination from employment, defamation ... reappointment to the position, thus giving rise to tenure under N.J.S.A. 54:1-35.31. The remaining claims were dismissed on ... mayor-council plan of government pursuant to the Faulkner Act, N.J.S.A. 40:69A-26 to -210. In view of that governmental ... this State and the applicable law as set forth in N.J.S.A. 40:69A-28. 36 N.J. 51, 57 (1961); ...

docket:	a-201-97
court:	njsupreme
decided:	1999-05-27
status:
citation:	158 N.J. 333
Document Size:	88637

329 Borough of Saddle River v. 66 East Allendale, LLC -- rank: 846

... site plan required approval of a bulk variance, pursuant to N.J.S.A. 40:55D-70(c)(2), to allow 42 percent improved ... and negative criteria under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, which would have been required ... property valuation determination. 1. The Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, requires the state or one ... permit application, East Allendale sought a use variance, pursuant to N.J.S.A. 40:55D-70(d)(1), to use a portion of ... 1 part of the property as a parking lot. See N.J.S.A. 40:55D-70 (recognizing board of adjustment’s authority to ... R-1 zone and a bulk variance, authorized pursuant to N.J.S.A. 40:55D-70(c)(2), in the O-1 ...

docket:	A-126-11
court:	NJ Supreme Court
decided:	2013-10-21
status:
citation:	216 N.J. 115 77 A.3d 1161
Document Size:	134607

330 of New Jersey v. Derrick Wayne Rose -- rank: 846

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On February 1, 2008, the Law ... under Rule 3:21-8 or gap-time credits under N.J.S.A. 2C:44-5(b)(2) to reduce the time to ... end” of a defendant’s sentence. The credit awarded under N.J.S.A. 2C:44-5(b) is referred to as “gap ... charges, Ocean County authorities charged her with third-degree burglary, N.J.S.A. 2C:18-2, and third-degree theft by unlawful taking, N.J.S.A. 2C:20-3, for an earlier theft committed in Ocean ... Jury indicted Hernandez on seven counts of first-degree robbery, N.J.S.A. 2C:15-1 and 2C:2-6; seven counts ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874