Search Rutgers Law Library N.J. Court Opinions

3166 STATE OF NEW JERSEY v. JOHN C. EMILI -- rank: 822

... injuries. A jury convicted defendant of second-degree vehicular homicide, N.J.S.A. 2C:11-5, and he was sentenced to six and ... in prison, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals, seeking an acquittal or ... the jury found defendant guilty of second-degree vehicular homicide, N.J.S.A. 2C:11-5. II. On this appeal, defendant makes seven ... has been codified in our statutes and rules of evidence. N.J.S.A. 2A:84A-19; N.J.R.E. 503; State v ... to find a defendant guilty of second-degree vehicular homicide. N.J.S.A. 2C:11-5; State v. Buckley, 216 N.J. 249 ... multi-step analysis. Buckley, 216 N.J. at 263; see N.J.S.A. 2C:2-3. Initially, the jury must determine whether ...

docket:	a5195-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	80035

3167 STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES v. K.G. -- rank: 822

... and Family Services (Division) proved the first two prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... Divi­sion had proven each of the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... 12 (1986)). The best-interests standard is set forth in N.J.S.A. 30:4C-15.1(a) and establishes the proofs required ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon the ... placement of the child and in reinforcing the family structure." N.J.S.A. 30:4C-15.1(c). Realistically, there were no ...

docket:	a2411-09
court:	superior court appellate division
decided:	2010-10-15
status:	unpublished
citation:
Document Size:	51698

3168 STATE OF NEW JERSEY v. ANTWAN HATHAWAY -- rank: 822

... two indictments with second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b), fourth-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(a), and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). Defendant filed a motion to suppress ... judge's third reason for running consecutively the sentences under N.J.S.A. 2C:39-5(b) and N.J.S.A. 2C:39-7(b) was that "the legislature has ...

docket:	a0594-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-31
status:	unpublished
citation:
Document Size:	48690

3169 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.A. -- rank: 822

... Division conducted an emergency removal of H.A. pursuant to N.J.S.A. 9:6-8.29 because he was a targeted victim ... investigative summary" was admitted into evidence as P-1. See N.J.S.A. 9:6-8.46(a)(3). The summary chronicled H.A.'s statements, which were admitted without objection. See N.J.S.A. 9:6-8.46(a)(4). The summary also related ... court concluded Father had thus committed abuse or neglect under N.J.S.A. 9:6-8.21. After all of the children had ... actions do not constitute abuse or neglect as defined by N.J.S.A. 9:6-8.21, and that the family court's ... abuse or neglect, the Division may bring an action under N.J.S.A. 9:6-8.21 to -8.73 (Title Nine). ...

docket:	a4437-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	unpublished
citation:
Document Size:	45671

3170 DEMARCO v. SEAN ROBERT STODDARD D.P.M -- rank: 822

... auto insurance, medical malpractice insurance is mandatory in New Jersey. N.J.S.A. 45:9-19.17(a); N.J.S.A. 45:5-5.3(a). In the same way as ... with a letter of credit of at least $500,000. N.J.S.A. 45:9-19.17(a). Podiatrists in New Jersey are ... minimum amount required by the State Board of Medical Examiners." N.J.S.A. 45:5-5.3(a). The New Jersey Legislature enacted ... dollars of minimum coverage required by the New Jersey statute, N.J.S.A. 45:9-19.17(a). At the time of the ... minimum amount mandated by New Jersey statute, one million dollars, N.J.S.A. 45:9-19.17. If the DeMarcos prevail in ...

docket:	a3924-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-22
status:	published
citation:	434 N.J.Super. 352 84 A.3d 965
Document Size:	70907

3171 Shaw v. City of Jersey City -- rank: 822

... within the meaning of New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1. In March 1997, plaintiff, an undercover ... include intentional conduct. HELD : New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1, extends coverage to injuries caused by ... within the meaning of New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1. The courts below relied on this ... Ins. Co. , 138 N.J. 242 (1994), to hold that N.J.S.A. 17:28-1.1 does not extend coverage to an ... by an intentional act may qualify as an "accident" under N.J.S.A. 17:28-1.1. We reverse. I     One evening in ... 172 N.J. 177 (2002). II The uninsured motorist statute, N.J.S.A. 17:28-1.1, serves two purposes. It is ...

docket:	a-101-01
court:	njsupreme
decided:	2002-12-11
status:
citation:	174 N.J. 567
Document Size:	50173

3172 STATE OF NEW JERSEY v. CREIGHTON P. WILLIAMS -- rank: 822

... lesser-included offense of petty disorderly persons harassment (O.M.), N.J.S.A. 2C:33-4(b); two counts of fourth-degree criminal sexual contact (I.N. and S.M.), N.J.S.A. 2C:14- 3(b); and third-degree child endangering (S.M.), N.J.S.A. 2C:24-4(a). After merging counts three and four ... requirements of Megan's Law and parole supervision for life. N.J.S.A. 2C:7-1; N.J.S.A. 2C:43-6.4. Defendant appeals and we affirm. Pretrial ...

docket:	a0269-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-12
status:	Unpublished
citation:
Document Size:	45267

3173 MARY RICHTER v. OAKLAND BOARD OF EDUCATION -- rank: 822

... to accommodate under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, is required to establish an ... remedy provision of the Workers' Compensation Act (the Compensation Act), N.J.S.A. 34:15-1 to -146. In addition, we must decide ... it paid in her workers' compensation claim in accordance with N.J.S.A. 34:15-40 (section 40). I Richter, a Type I ... Civil), 2.21, 'The New Jersey Law Against Discrimination ('NJLAD') (N.J.S.A. 10:5-1[to -42])' (approved May 2003); Model Jury ... under the New Jersey's Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, an 'employer actions that fall ... reinstated Richter's LAD claim, the statute permits punitive damages. N.J.S.A. 10:5-3 provides: The Legislature further finds that ...

docket:	a0102-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-11
status:	Published
citation:	459 N.J.Super. 400 211 A.3d 1226
Document Size:	58004

3174 Sergeant First Class Frank Chiofalo v. State -- rank: 822

... filed a complaint under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, against his employer and certain ... with respect to the validity of a CEPA claim under N.J.S.A. 34:19-3(c), that a plaintiff must first find ... J. 220 (2018). Although Chiofalo initially alleged CEPA violations under N.J.S.A. 34:19-3(a) and (c), he conceded at oral argument that his case now rests on N.J.S.A. 34:19-3(c)(2) alone. HELD: The Court does ... should be construed liberally to effectuate its important social goal. N.J.S.A. 34:19-3 sets forth the statute’s essential prohibition ... the Court addressed a plaintiff’s CEPA claims brought under N.J.S.A. 34:19-3(c)(1) and (3). Dzwonar v. ...

docket:	a-30-18
court:	NJ Supreme Court
decided:	2019-07-16
status:
citation:	238 N.J. 527 213 A.3d 900
Document Size:	54394

3175 State v. Arthur Jones -- rank: 822

... the Comprehensive Drug Reform Act of 1986 (Drug Reform Act), N.J.S.A. 2C:35-1 to 36A-1, were being violated at ... substances, but also the distribution of imitation controlled dangerous substances. N.J.S.A. 2C:35-11. Thus, even assuming the suspected narcotics were ... to believe that the sale constituted a violation of either N.J.S.A. 2C:35-5 (criminalizing manufacturing, distributing, dispensing, or possession with intent to manufacture, distribute, or dispense CDS), or N.J.S.A. 2C:35-11 (criminalizing manufacture, distribution, or possession with intent ...

docket:	a-98-02
court:	njsupreme
decided:	2004-04-21
status:
citation:	179 N.J. 377
Document Size:	89250

3176 STATE OF NEW JERSEY v. EDUARDO MCLAUGHLIN -- rank: 822

... charged all three men with purposeful murder, in violation of N.J.S.A. 2C:5-2. Defendant was tried separately over nine days ...

docket:	a3679-06
court:	superior court appellate division
decided:	2009-09-08
status:	unpublished
citation:
Document Size:	131098

3177 State v. Derrick Brown -- rank: 822

... degree possession of a controlled dangerous substance (CDS), namely cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1), -5(b)(3); third-degree unlawful possession of weapons, N.J.S.A. 2C:39-5(c); second-degree weapons possession during CDS offenses, N.J.S.A. 2C:39-4.1(a); and third-degree conspiracy to possess CDS with intent to distribute, N.J.S.A. 2C:5-2, :35-5(a)(1), :35-5(b ... charged with second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). Defendants claim that the State ...

docket:	A-113-11
court:	NJ Supreme Court
decided:	2014-01-29
status:
citation:
Document Size:	167897

3178 State v. Anthony DiFrisco -- rank: 822

... determined that a specific provision of the Public Defender Act, N.J.S.A. 2A:158A-5, grants indigent defendants in New Jersey the ...

docket:	a-30-01
court:	njsupreme
decided:	2002-08-14
status:
citation:	174 N.J. 195
Document Size:	222677

3179 PEGGY BIRMINGHAM v. TRAVELERS NEW JERSEY INS. CO -- rank: 822

... Insurance Buyer's Guide' (Buyer's Guide), in accordance with N.J.S.A. 39:6A-23 and N.J.A.C. 11:3 ... cross-moved for summary judgment, and asserted that pursuant to N.J.S.A. 39:6A-4.3, Travelers is required 'to provide a ... the legislative history of New Jersey's no-fault law, N.J.S.A. 39:6A-4, principally relying on Roig, 135 N.J ... do, as any such proposal would need to address that N.J.S.A. 39:6A-4.3 clearly prescribes the minimum statutory limit ... Ins. Co. v. LaCroix, 194 N.J. 515 (2008) (stating ' N.J.S.A. 39:6A-4.3 is clear and unambiguous on its ... New Jersey's no-fault scheme, the legislative history of N.J.S.A. 39:6A-4, and its interpretative case law. N. ...

docket:	a0429-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-31
status:	Published
citation:
Document Size:	48813

3180 /usr/local/share/www/libweb/collections/courts/supreme/a_60_61_22.html -- rank: 822

... discrimination in housing on account of a person’s disability, N.J.S.A. 10:5-12(g)(2), including “any mental, psychological ... ways to establish a mental, psychological, or developmental disability under N.J.S.A. 10:5-5(q) -- a disability “which prevents the ... this type under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to 10:5-50. We hold that ... “by accepted clinical or laboratory diagnostic techniques.” (citing N.J.S.A. 10:5-5(q)). Under that standard, the majority concluded ... that this remedial law “shall be liberally construed.” N.J.S.A. 10:5-3. Among other safeguards, the LAD prohibits discrimination in housing on account of a person’s disability. N.J.S.A. 10:5-12(g)(2) states that 18 [i] ...

docket:	a_60_61_22
court:	supreme
decided:	2024-03-13
status:	Published
citation:
Document Size:	70164