Search Rutgers Law Library N.J. Court Opinions

3391 LIBERTY INSURANCE CORP v. TECHDAN, LLC -- rank: 821

... Corp., under the New Jersey Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30. A jury awarded plaintiffs $756 ... entered a guilty plea to second-degree theft by deception, N.J.S.A. 2C:20-4, with the Office of the Insurance Fraud ... indicted on a charge of fourth-degree workers' compensation fraud, N.J.S.A. 34:15-57.4. The charges arose from the company ... Plaintiffs' nine-count civil complaint alleged workers' compensation premium fraud, N.J.S.A. 34:15-57.4 (count one); violations of IFPA (count ... IV. All defendants contend that the Comparative Negligence Act (CNA), N.J.S.A. 2A:25-5.1 to -5.8, applied and required ... couched in terms of contract or tort[,] and like theories.' N.J.S.A. 2A:15-5.2. A-3510-18 15 The ...

docket:	a3510-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	58070

3392 BRUCE E. KILMER, JR v. SHARON A. KILMER -- rank: 821

... his permanent alimony and life insurance obligations without prejudice. Applying N.J.S.A. 2A:34-23(j)(3), the judge concluded the factors ... to modify or terminate alimony based upon retirement pursuant to N.J.S.A. 2A:34-23(j)(2) and (j)(3), both the ... order, judgment or agreement sought to be modified.' See also N.J.S.A. 2A:34-23(j)(3) (requiring same). A-0167-20 ... would 4 Per Rule 5:5-4(a)(5) and N.J.S.A. 2A:34-23(j)(3), defendant was required to submit ... written decision. The judge listed the factors set forth in N.J.S.A. 2A:34-23(j)(3) and analyzed each one. Plaintiff ... the request for modification or termination must be reviewed under N.J.S.A. 2A:34-23(j)(3). That section expressly requires '[ ...

docket:	a0167-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	40768

3393 STATE OF NEW JERSEY v. JAHI BEATTY -- rank: 821

... was found guilty of hindering apprehension or prosecution of another, N.J.S.A. 2C:29-3(a)(3), and hindering his own apprehension or prosecution, N.J.S.A. 2C:29-3(b)(1), related to the shooting death ... Pleasant. Defendant was found not guilty of first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2), second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1), and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1). Defendant was tried with codefendants ... defendant's prior criminal record, and nine, need for deterrence, N.J.S.A. 2C:44-1(a)(6) and (9), as well ...

docket:	a0554-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	57212

3394 TODD KELLY v. J. CHRISTIAN BOLLWAGE -- rank: 821

... alleging: (a) defendants violated the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14 (count one); (b) defendants violated the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (count two); (c) defendants conspired ... occurred before August 11, 2015 are thereby time[-]barred under N.J.S.A. 34:19-5, and therefore will not be considered by ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was ... public health, safety or welfare or protection of the environment. [N.J.S.A. 34:19-3.] CEPA defines 'retaliatory action' as 'the discharge ... against an employee in the terms and conditions of employment.' N.J.S.A. 34:19-2(e). 'Failing to promote an employee ...

docket:	a2083-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Unpublished
citation:
Document Size:	63808

3395 STATE OF NEW JERSEY v. ADRIENNE N. SMITH -- rank: 821

... Bergen County grand jury indicted Smith for first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2); and third-degree hindering her own detention or apprehension, N.J.S.A. 2C:29-3(b)(4). It indicted Smith and Cousins for second-degree desecrating, damaging, or destroying human remains, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:22-1(a)(2); second-degree unlawfully disturbing, concealing, moving, or concealing human remains, A-0838-20T4 5 N.J.S.A. 2C:2-6 and N.J.S.A. 2C:22-1(a)(1); and third-degree suppressing ...

docket:	a0838-20
court:	NJ Superior Court Appellate Division
decided:	2020-12-31
status:	Published
citation:
Document Size:	76934

3396 State v. Reginald Roach -- rank: 821

... March 2, 2006, defendant was charged with second-degree burglary, N.J.S.A. 2C:18-2 (count one); third-degree criminal restraint, N.J.S.A. 2C:13-2 (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(4) (count four); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (count five); second-degree sexual assault, N.J.S.A. 2C:14-2(c) (count six); third-degree possession ...

docket:	A-129-11
court:	NJ Supreme Court
decided:	2014-08-01
status:
citation:	219 N.J. 58 95 A.3d 683
Document Size:	131901

3397 State of New Jersey v. Edwin Urbina -- rank: 821

... affirmative defense to a charge of aggravated manslaughter. Pursuant to N.J.S.A. 2C:3-4(a), the use of deadly force against ... conviction and sentence for first-degree aggravated manslaughter, contrary to N.J.S.A. 2C:11-4(a)(1), following his entry of a ... if committed by an adult, would constitute murder contrary to N.J.S.A. 2C:11-3(a)(1), (2). Three days later, on ... from the Family Part to the Law Division, pursuant to N.J.S.A. 2A:4A-27. On that same date, in order to ... plead guilty to one count of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), in exchange for the Stateā ... release parole supervision under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. As a further part of ...

docket:	A-49-13
court:	NJ Supreme Court
decided:	2015-06-16
status:
citation:	221 N.J. 509 115 A.3d 261
Document Size:	67890

3398 E&J EQUITIES, LLC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN -- rank: 821

... New Jersey are subject to conditions and restrictions established by N.J.S.A. 27:5-9. "Off-premise multiple message signs," such as ... of Transportation (NJDOT) "shall grant permission" for the use. Because N.J.S.A. 27:5-9.1 provides that, after NJDOT issues the ... billboards in 2008, E&J applied to NJDOT pursuant to N.J.S.A. 27:5-8 for a permit to erect an electronic ... electronic billboard remained subject to the Township's zoning ordinances. N.J.S.A. 27:5-9.1. The Township had not yet adopted ... to the Board of Adjustment for a use variance under N.J.S.A. 40:55D-70(d)(1). Hearings on E&J's ... then amended its application to request a variance pursuant to N.J.S.A. 40:55D-70(d)(3) (the D-3 variance) ...

docket:	a2432-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-17
status:	published
citation:	437 N.J.Super. 490 100 A.3d 539
Document Size:	85041

3399 STATE OF NEW JERSEY v. NADIR ROBERTS -- rank: 821

... with: first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; three counts of third- degree possession of a CDS, N.J.S.A. 2C:35-10(a); three counts of third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(3); four counts ... a CDS with intent to distribute in a school zone, N.J.S.A. 2C:35-7(a). Co-defendants Mark Carter, Sadiyyah Roberts ... indictment two), with: second- degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1(b)(2); second-degree aggravated assault, ...

docket:	a4210-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	48977

3400 STATE OF NEW JERSEY v. JAMES HEMENWAY -- rank: 821

... James Hemenway charging him with third degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); first degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1); fourth degree possession of marijuana, N.J.S.A. 2C:35-10(a)(3); and third degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(11). The court denied defendant' ...

docket:	a0622-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-16
status:	published
citation:	454 N.J.Super. 303 185 A.3d 877
Document Size:	136078

3401 STATE OF NEW JERSEY v. JAMES A. STUART -- rank: 821

... head. More specifically, the indictment charged: Count One, purposeful murder, N.J.S.A. 2C:11-3a(1); Count Two, knowing murder, N.J.S.A. 2C:11-3a(2); Count Three, aggravated manslaughter, N.J.S.A. 2C:11-4a; and Count Four, possession of a firearm ... use it unlawfully against the person or property of another, N.J.S.A. 2C:39-4a. The jury acquitted defendant of Counts One ... years parole ineligibility, the minimum allowable sentence for murder. See N.J.S.A. 2C:11-3b(1). Defendant raises the following points on ... resulted in the victim's death, and did so knowingly. N.J.S.A. 2C:11-3a(2). "A person acts knowingly with ...

docket:	a3262-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	unpublished
citation:
Document Size:	98537

3402 IN THE MATTER OF THE DENIAL OF THE OUTDOOR ADVERTISING APPLICATION NUMBER 75708 NEW JERSEY TURNPIKE (I-95 E. ALIGNMENT E/S, MILEPOST 113.8 N.R.D. SECAUCUS TOWN HUDSON COUNTY -- rank: 821

... agreement: the Roadside Sign Control and Outdoor Advertising Act (RSCOAA), N.J.S.A. 27:5-5 to -32; Agreement for Carrying Out National ... travelling public's safety, aesthetics, economic development, and free speech. N.J.S.A. 27:5-6(a); see also N.J.S.A. 27:5-18(b). Subject to implementing regulations, the RSCOAA ... activities conducted on the property on which they are located.' N.J.S.A. 27:5- 11(a). Permits are not required for signs ... are not adjacent to the interstate or primary system highways. N.J.S.A. 27:5-12. As noted, an 'off-premise sign' 'shall ... only incidental to the premise's principal activity. Ibid. Notwithstanding N.J.S.A. 27:5-11(a), the regulation dispenses with permits ...

docket:	a5468-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Unpublished
citation:
Document Size:	54004

3403 DUNPHY V. GREGOR -- rank: 821

... New Jersey Legislature abolished common-law marriage in 1937. See N.J.S.A. 37:l-l0. Although social mores have changed since 1937 ... also are not allowed to recover for wrongful death under N.J.S.A. 2A:3l-4, the Wrongful Death Act. See Sykes v ... N.J. l26, l32 (l982) (holding that alimony authorization statute, N.J.S.A. 2A:34-23, does not embrace action on contract between ...

docket:	a-26-93
court:	njsupreme
decided:	1994-06-02
status:
citation:	136 N.J. 99
Document Size:	71131

3404 STATE OF NEW JERSEY APPROVED FOR PUBLICATION APPELLATE DIVISION v. CECILIO DAVILA January 20, 2016 -- rank: 821

... crime of being a leader of a narcotics trafficking network, N.J.S.A. 2C:35-3 (the Leader count). He was also charged ... indictment with eight other related crimes: third-degree drug conspiracy, N.J.S.A. 2C:5-2, 2C:35-10(a), 2C:35-5 ... 5(b)(3) (count two); third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1) (count three); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3) (count four); third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1) (count five); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3) (count six); ...

docket:	a6302-11
court:	NJ Superior Court Appellate Division
decided:	2016-01-20
status:	published
citation:	443 N.J.Super. 577 129 A.3d 1099
Document Size:	53048

3405 State v. Rafael Camey -- rank: 821

... it could have obtained a buccal swab from defendant under N.J.S.A. 53:1-20.20 or through an application for investigative ... the conclusion of that interview and charged with felony murder, N.J.S.A. 2C:11- 3(a)(3); murder, N.J.S.A. 2C:11-3(a)(1); and aggravated sexual assault, N.J.S.A. 2C:14-2(a)(6). II. During pre-trial applications ... sample from persons arrested for certain enumerated violent crimes under N.J.S.A. 53:1-20.20, including sexual assault (with which defendant ... the State could have obtained defendantā€™s DNA pursuant to N.J.S.A. 53:1-20.20. And, in response to the ...

docket:	a-73-17
court:	NJ Supreme Court
decided:	2019-08-01
status:
citation:	--- A.3d ----
Document Size:	97236