Search Rutgers Law Library N.J. Court Opinions

3241 Cheryl Hersh v. County of Morris -- rank: 822

... entitled to workers’ compensation benefits under the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142. Plaintiff, Cheryl Hersh, was employed ... course of employment” are compensable under the Workers’ Compensation Act. N.J.S.A. 34:15-7. Prior to 1979, workers’ compensation jurisprudence included ... going and coming rule” with the “premises rule.” N.J.S.A. 34:15-36 provides: “Employment shall be deemed to ... excluding areas not under the control of the employer.” N.J.S.A. 34:15-36. The phrase “excluding areas not under ... of workers’ compensation benefits to plaintiff, Cheryl Hersh, pursuant to N.J.S.A. 34:15-1 to -142 (“the Workers’ Compensation Act ... arose out of the course of her employment pursuant to N.J.S.A. 34:15-7 and 34:15-36. N.J. ...

docket:	A-59-12
court:	NJ Supreme Court
decided:	2014-04-01
status:
citation:
Document Size:	72250

3242 STATE OF NEW JERSEY VS. CHRISTOPHER W. HEDDY, ET AL. -- rank: 822

... to-peer/file sharing network on it'), in violation of N.J.S.A. 2C:24-4(b)(5)(a)(iii), and third-degree ... a minor on an external hard drive'), in violation of N.J.S.A. 2C:24-4(b)(5)(b)(iii). LaFollette submitted a ... through three, five through eight, ten, fourteen, and seventeen of N.J.S.A. 2C:43-12(e) as weighing against his admission into ... one through three, five through eight, ten, and fourteen of N.J.S.A. 2C:43-12(e) as weighing against his admission into ... or abuse of a child,' a first-degree violation of N.J.S.A. 2C:24-4(b)(5)(b)(i); and 'knowingly stor ... one or more other computers,' a second-degree violation of N.J.S.A. 2C:24-4(b)(5)(a)(iii). The indictment ...

docket:	a0299-22a0300-22
court:	appellate
decided:	2024-04-05
status:	Unpublished
citation:
Document Size:	40215

3243 /usr/local/share/www/libweb/collections/courts/supreme/a-43-17.opn.html -- rank: 822

... liability insurance is insufficient to reimburse the policyholder’s damages. N.J.S.A. 17:28- 1.1(e)(1); see also French v ...

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3244 STATE OF NEW JERSEY v. ZAIRE EVANS -- rank: 822

... Following a jury trial, defendant was convicted of aggravated manslaughter, N.J.S.A. 2C:39-5b, and third-degree endangering an injured victim, N.J.S.A. 2C:12-1.2. Following these verdicts, the jury heard ... a weapon by certain persons not permitted to have weapons, N.J.S.A. 2C:39-7b, and convicted defendant of that as well ... THE ONE AUTHORIZED SOLELY BY THE JURY'S VERDICT. A. N.J.S.A. 2C:43-6b IS UNCONSTITU-TIONAL BECAUSE IT PERMITS A ... BY THE VERDICT ALONE BASED ON JUDGE-MADE FINDINGS. C. N.J.S.A. 2C:44-5 IS UNCONSTI-TUTIONAL BECAUSE IT PERMITS A ... the State must still prove criminal causation. In this respect, N.J.S.A. 2C:2-3 provides: a. Conduct is the cause ...

docket:	a3398-03
court:	NJ Superior Court Appellate Division
decided:	2005-12-23
status:
citation:
Document Size:	104789

3245 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.R. -- rank: 822

... or omissions constitute[d] abuse or neglect," as defined by N.J.S.A. 9:6-8.21(c). Defendant enrolled in "Project Free ... Division's evidence satisfied the four statutory prongs enumerated in N.J.S.A. 30:4C-15.1(a), and it was in the ... the child's best interest to preserve the family unit." N.J.S.A. 30:4C-1(a). While recognizing the fundamental nature of ... was insufficient to support prongs one, two and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... supra , 103 N.J. at 604-11, now codified in N.J.S.A. 30:4C-15.1(a), requires the State establish each ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are ...

docket:	a5097-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	76803

3246 State of New Jersey v. R.T. -- rank: 822

... indicted on two counts of sexual assault, in violation of N.J.S.A. 2C:14-2(a)(1); two counts of aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a)(7); and one count of endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4(a); committed between the dates of July ... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed, raising a series of ... a brief overview of the affirmative defense of voluntary intoxication. N.J.S.A. 2C:2-8 provides: a. Except as provided in subsection ... we recognized that the description of self-induced intoxication in N.J.S.A. 2C:2-8(e)(1) conforms with the historical ...

docket:	A-73-09
court:	NJ Supreme Court
decided:	2011-04-28
status:
citation:	205 N.J. 493 16 A.3d 365
Document Size:	136797

3247 WASTE MANAGEMENT OF NEW JERSEY, INC. v. THE UNION COUNTY UTILITIES AUTHORITY -- rank: 822

... to the requirements known as the A-901 program. See N.J.S.A. 13:1E-126 to -135; N.J.A.C. 7 ... apparent change in position comports with the Administrative Procedure Act, N.J.S.A. 52:14B-4. See Cooper University Hosp. v. Jacobs , 191 ...

docket:	a5018-06
court:	njappellate
decided:	0000-00-00
status:	published
citation:	*CITE_PENDING*
Document Size:	133721

3248 ANN BAKER et al. v. THE NATIONAL STATE BANK, (a/k/a CoreStates, its Successor-In-Interest), -- rank: 822

... the ratio, noting that while the Punitive Damages Act (PDA), N.J.S.A. 2A:15-5.9 to -5.17, excluded LAD cases ... 576 (Law Div. 1990). There, the court reasoned that since N.J.S.A. 10:5-13 specifically was amended to provide a LAD ... damages. LAD specifically includes attorney fees under a separate section, N.J.S.A. 10:5-27.1, indicating that it is an award ... no relevant civil penalties. The court first noted that LAD, N.J.S.A. 10:5-14.1A See footnote 1 1 , provides for ... under LAD, which has no damages cap. Furthermore, LAD, specifically N.J.S.A. 10:5-14.1a, is of limited guidance because those ... PDA, which specifically exempts LAD from the punitive damages cap. N.J.S.A. 2A:15-5.14 limits punitive damages to five ...

docket:	A1319-00
court:	NJ Superior Court Appellate Division
decided:	2002-06-21
status:	published
citation:	353 N.J. Super. 145 801 A.2d 1158
Document Size:	83507

3249 STATE OF NEW JERSEY v. JAMES ZARATE -- rank: 822

... jury found defendant James Zarate guilty of first-degree murder, N.J.S.A. 2C:11-3a(1)-(2); two counts of third-degree ... pole and the other a knife) for an unlawful purpose, N.J.S.A. 2C:39-4d; two counts of unlawful possession of a weapon (the metal pole and knife), N.J.S.A. 2C:39-5d; two counts of second-degree disturbing human ... remains for conduct on July 30 and July 31, 2005, N.J.S.A. 2C:22-1a(1); and two counts of third-degree ... apprehension for conduct on July 30 and July 31, 2005, N.J.S.A. 2C:29-3b(1). 1 The judge merged defendant's ... ineligibility and supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2. The judge also merged defendant' ...

docket:	a0070-09
court:	NJ Superior Court Appellate Division
decided:	2012-08-27
status:	unpublished
citation:
Document Size:	73804

3250 IMO THE GUARDIANSHIP OF K.H.O. -- rank: 822

... family, or through termination of the biological ties and adoption. N.J.S.A. 30:4C-53.4 to -60. See New Jersey Div ... any child placed in foster care for the second time. N.J.S.A. 30:4C-53.3. Also, the `best interests' test under ... 115 S. Ct. 433 , 130 L. Ed.2d 345 (1994); N.J.S.A. 9:3-50(c). ����The same commentator addressed the concept ... of the court. . . . ��������[136 N.J. at 555-56 (quoting N.J.S.A. 9:6-8.21).] B.S. has never been adjudicated ... at 592, and the reliance in B.G.S. upon N.J.S.A. 30:4C-53.4, 30:4C-60 and 30:4C ... stable and permanent homes' instead of long-term foster care." N.J.S.A. 30:4C-53.4, 30:4C-60 and 30: ...

docket:	a4669-96
court:	njappellate
decided:	1998-02-20
status:	published
citation:	308 N.J.Super. 432
Document Size:	52445

3251 JACQUELINE SCHIAVO v. MARINA DISTRICT DEVELOPMENT COMPANY LLC -- rank: 822

... alleging violations of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, as informed by Title VII ... and customer expectations. Therefore, the PAS requirements were permitted by N.J.S.A. 10:5-12(p), a provision allowing an employer to ... inappropriately engaged in factfinding. Further, they challenge his interpretation of N.J.S.A. 10:5-12(p), and maintain the evidence was sufficient ... is recognized as and declared to be a civil right. [ N.J.S.A. 10:5-4.] See also N.J.S.A. 10:5-3 (stating Legislature's commitment of state's ... on "gender identity or expression" and "affectional or sexual orientation." N.J.S.A. 10:5-12(a). Often the terms "gender" and " ...

docket:	a5983-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-17
status:	published
citation:	442 N.J.Super. 346 123 A.3d 272
Document Size:	133614

3252 ESTATE OF WINIFRED SKORSKI v. NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY -- rank: 822

... conditional hardship grant pursuant to the Underground Storage Finance Act, N.J.S.A. 58:10A-37.1 to -37.23 ('UST Act' or ... closure of tanks and the remediation of contaminated properties. See N.J.S.A. 58:10A-37.49(a).1 To receive a conditional ... the financial assistance were to be awarded as a loan.' N.J.S.A. 58:10A- 37.5(c)(1). The Act and its ... tanks may be required by federal or state statutes. See N.J.S.A. 58:10A-37.4(a) (citing 42 U.S.C. 6991 to 6991(m) and N.J.S.A. 58:10A-21 to -35). A-3314-17T2 2 rulemaking ... the formal rulemaking procedures of the Administrative Procedure Act ('APA'), N.J.S.A. 52:14B-1 to -31. For the reasons that ...

docket:	a3314-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-20
status:	Unpublished
citation:
Document Size:	52579

3253 STATE OF NEW JERSEY v. MICHAEL J. GOODWIN -- rank: 822

... third- degree possession of a controlled dangerous substance (CDS) (heroin), N.J.S.A. 2C:35-10(a)(1); third-degree CDS possession with intent to distribute (heroin), N.J.S.A. 2C:35-5(a)(1); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1); second-degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:39-4.1(a); fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1). After merger, the court ...

docket:	a1850-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-27
status:	Unpublished
citation:
Document Size:	51897

3254 JANAN PFANNENSTEIN v. CHRISTINE SURREY, D.O. -- rank: 822

... Medical Care Access and Responsibility and Patients First Act (PFA), N.J.S.A. 2A:53A-37 to -42. This appeal requires us to ... the PFA's kind-for-kind specialty requirement embodied in N.J.S.A. 2A:53A-41(a) is not satisfied when the AOM ... that she satisfied the waiver exception to the PFA under N.J.S.A. 2A:53A-41(c), which would have rendered moot defendants ... to meet the kind-for-kind requirements set forth in N.J.S.A. 2A:53A-41(a), as explained by our Supreme Court ... entitled to a waiver of the same-specialty requirement under N.J.S.A. 2A:53A- 3 The parties stipulated to an extension of ... 75, 84 (1999)). The driving purpose behind the AOM statute, N.J.S.A. 2A:53A-26 to -29, is the reduction of ...

docket:	a3005-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-07
status:	Published
citation:
Document Size:	51567

3255 STATE OF NEW JERSEY v. LLEWELYN JAMES -- rank: 822

... affirm. A jury convicted defendant of six counts of murder, N.J.S.A. 2C:11-3a(1)(2) (Counts One, Three, Five, Seven, Eleven and Thirteen); four counts of felony murder, N.J.S.A. 2C:11-3a(3) (Counts Four, Six, Twelve and Fourteen); one count of attempted murder, N.J.S.A. 2C:11-3a (Count Fifteen); two counts of unlawful possession of a weapon (a handgun), N.J.S.A. 2C:39-5b (Counts Nine and Sixteen); and two counts of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (Counts Ten and Seventeen). Judge Thomas A ... the sound discretion of the trial judge. Ibid. Affirmed. 1 N.J.S.A. 2C:43-7.2. 2 We use first names ...

docket:	a4153-08
court:	NJ Superior Court Appellate Division
decided:	2012-09-07
status:	unpublished
citation:
Document Size:	69014