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346 Halina Jablonowska v. David P. Suther -- rank: 846

... in the Automobile Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-1.1 to -35, which acts as a ... answer, as required by AICRA’s verbal threshold provision. 3 N.J.S.A. 39:6A-8(a) (1998) (amended 2003). Jablonowska’s response ... independent of the verbal threshold. 4 She therefore asserted that N.J.S.A. 39:6A-8(a) (1998) (amended 2003), with its physician ... stated that failure to satisfy the physician-certification requirement in N.J.S.A. 39:6A-8(a) within the sixty-day statutory window ... a person who has a right to receive benefits under [ N.J.S.A. 39:6A-4 or -3.1], as a result of ... will not heal to function normally with further medical treatment. [ N.J.S.A. 39:6A-8(a) (1998) (amended 2003).] In construing ...

docket:	a-9-07
court:
decided:	2008-06-10
status:
citation:	195 N.J. 91
Document Size:	140825

347 /usr/local/share/www/libweb/collections/courts/supreme/a-15-19.opn.html -- rank: 846

... be involved in the review of police misconduct complaints -- implicates N.J.S.A. 40:48-2, the police powers statute, which provides in ... health, safety and welfare of the municipality and its inhabitants”; N.J.S.A. 40A:14-118, which authorizes municipalities to establish and � ... of a chief of police with statutorily designated responsibilities; and N.J.S.A. 40A:14-181, which directs locally created law enforcement agencies ... at 225-26. (pp. 23-36) 3. The Court analyzes N.J.S.A. 40A:14-118 and, in particular, its final paragraph. The ... anticipates the delegation of subpoena power to oversight boards in N.J.S.A. 40A:14-118; the “necessary and proper” clause of N.J.S.A. 40:48-2 offers further authority for the Council’ ...

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348 Alex Perez v. Professionally Green, LLC -- rank: 846

... a technical violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (CFA) but was denied on ... the issue of ascertainable loss, may recover attorneys’ fees under N.J.S.A. 56:8-19 after their CFA claim was involuntarily dismissed ... and end dates gave rise to an ascertainable loss under N.J.S.A. 56:8-19. The court granted Swim-Well’s motion ... motion for an award of attorneys’ fees and costs under N.J.S.A. 56:8-19, which the trial court denied. Citing Weinberg ... bona fide ascertainable loss claim exists within the meaning of N.J.S.A. 56:8-19, and thus plaintiffs are not entitled to ... the Legislature’s intent by examining the plain language of N.J.S.A. 56:8-19, giving the words their ordinary meaning. ...

docket:	A-66-11
court:	NJ Supreme Court
decided:	2013-09-12
status:
citation:
Document Size:	89619

349 Kathleen M. Moynihan v. Edward J. Lynch -- rank: 846

... the parties had entered before the Legislature in 2010 amended N.J.S.A. 25:1-5 to include subparagraph (h). That amendment mandated ... made with the independent advice of counsel.” She challenged N.J.S.A. 25:1-5(h) on constitutional grounds and urged enforcement ... be bound by the agreement. The trial court found that N.J.S.A. 25:1-5(h)’s attorney-review requirement did ... without the attorney review requirement, is enforceable. That portion of N.J.S.A. 25:1-5(h), which imposes an attorney-review requirement ... be signed by the party against whom enforcement is sought. N.J.S.A. 25:1-5. In 2010, the Legislature amended the Statute to include palimony agreements. N.J.S.A. 25:1-5(h). Prior to the amendment, New ...

docket:	a-64-20
court:	NJ Supreme Court
decided:	2022-03-08
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citation:
Document Size:	81375

350 Statev. Larry R. Henderson -- rank: 846

... Henderson and Clark with the following offenses: first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and possession of a weapon having been convicted of a prior offense, N.J.S.A. 2C:39-7(a) (Henderson) and -7(b) (Clark). B ... murder and aggravated manslaughter, and convicted him of reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), aggravated assault, and two ...

docket:	a-8-08_1
court:	superior court trial
decided:	2011-08-24
status:
citation:
Document Size:	303175

351 Robert B. Beim v. Trevor R. Hulfish -- rank: 846

... claim for damages under the Wrongful Death Act (the Act), N.J.S.A. 2A:31-1 to -6. The Appellate Division reversed. Beim ... not fit within the statutory cause of action defined by N.J.S.A. 2A:31-1 and the alleged damages do not constitute “pecuniary” losses as required by N.J.S.A. 2A:31-5. 1. Plaintiffs assert that pursuant to 2001 ... 10-16) 2. Two of the Act’s six subsections, N.J.S.A. 2A:31-1 and N.J.S.A. 2A:31-5, are central to the Court’s analysis. N.J.S.A. 2A:31-1 defines the statutory cause of action ...

docket:	A-33-12
court:	NJ Supreme Court
decided:	2014-01-28
status:
citation:
Document Size:	93895

352 Larissa Shelton v. Restaurant.com, Inc. -- rank: 846

... the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18, to individuals who purchase certificates ... are “primarily for personal, family or household purposes,” N.J.S.A. 56:12-15; and (3) whether the sale of the ... or displayed any written consumer warranty, notice, or sign.” N.J.S.A. 56:12-15. HELD : The TCCWNA covers the sale of ... violates any clearly established legal right of a consumer . . . .” N.J.S.A. 56:12-15. The objective of statutory interpretation is to ... which is primarily for personal, family or household purposes.” N.J.S.A. 56:12-15. Although the TCCWNA does not define � ... Statutes, shall have the meaning herein given to them.” N.J.S.A. 1:1-2 (emphasis added). Pursuant to N.J. ...

docket:	A-123-10
court:	NJ Supreme Court
decided:	2013-07-09
status:
citation:
Document Size:	99668

353 Geraldine Murray and Odis E. Murray v. Plainfield Rescue Squad -- rank: 846

... a unanimous Court. In this appeal, the Court determines whether N.J.S.A. 26:2K-29 provides immunity to the Plainfield Rescue Squad ... the Rescue Squad, the trial court found immunity under both N.J.S.A. 26:2K-29 and another statute. The Appellate Division affirmed the judgment, determining that only N.J.S.A. 26:2K-29 shielded the Squad from civil liability. Murray ... intermediate life support services in good faith” as required by N.J.S.A. 26:2K-29, and plaintiffs failed to show that the ... s motion for summary judgment based on statutory immunity under N.J.S.A. 26:2K-29. 207 N.J. 190 (2011). HELD : Although N.J.S.A. 26:2K-29 provides immunity to “officers and ...

docket:	A-128-10
court:	NJ Supreme Court
decided:	2012-07-17
status:
citation:
Document Size:	73967

354 State v. F.E.D. -- rank: 846

... considers what showing is required under the Compassionate Release Statute, N.J.S.A. 30:4-123.51e, for a court to order the ... inmate’s suffering from “a permanent physical incapacity,” N.J.S.A. 30:4-123.51e(f)(1). Petitioner F.E.D ... Release on behalf of F.E.D. In accordance with N.J.S.A. 30:4-123.51e(b), the Request included attestations of ... F.E.D. “meets the medical conditions established” by N.J.S.A. 30:4-123.51e. Pursuant to N.J.S.A. 30:4-123.51e(d)(1), the Commissioner issued a ... E.D. filed a petition for compassionate release pursuant to N.J.S.A. 30:4-123.51e. The trial court held an ...

docket:	a-12-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-03
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Document Size:	100834

355 Larry Price v. Himeji, LLC -- rank: 846

... meaning and intent of the “particularly suitable” standard under N.J.S.A. 40:55D-70(d)(1). Second, the Court examines the ... zoning variances pursuant to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. The principal question raised in ... appeal is whether an application for a use variance, see N.J.S.A. 40:55D-70(d)(1), based on the assertion that ... resolution granting additional variances for the project relating to density, N.J.S.A. 40:55D-70(d)(5), height, N.J.S.A. 40:55D-70(d)(6), and bulk, N.J.S.A. 40:55D-70(c)(2), as well as a ...

docket:	A-46-11
court:	NJ Supreme Court
decided:	2013-06-25
status:
citation:
Document Size:	125209

356 Christopher Mount v. Board of Trustees, Police and Firemen’s Retirement System -- rank: 846

... mentally . . . incapacitated” by a traumatic event within the meaning of N.J.S.A. 43:16A-7(1). Mount v. Board of Trustees, PFRS ... Mount has proven, under requirements established in case law construing N.J.S.A. 43:16A-7(1), that he experienced a terrifying or ... therefore is not entitled to accidental disability benefits pursuant to N.J.S.A. 43:16A-7. 1. To be eligible for benefits under the accidental disability provision, a PFRS member must satisfy N.J.S.A. 43:16A- 7(1)’s requirement that “the ... 33-34. (pp. 27-31) 3. In sum, jurisprudence construing N.J.S.A. 43:16A-7(1)’s “traumatic event” language ... provided that he or she meets the requirements prescribed by N.J.S.A. 43:16A- 7(1). The statute mandates a medical ...

docket:	a_9_16
court:	NJ Supreme Court
decided:	2018-06-05
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Document Size:	79179

357 IN THE MATTER OF THE GRANT OF RENEWAL APPLICATION OF THE RED BANK CHARTER SCHOOL, ETC. -- rank: 846

... that guides us here is the Charter School Program Act, N.J.S.A. 18A:36A-1 to -18 ('CSPA'). In enacting the CSPA ... State to encourage and facilitate the development of charter schools.' N.J.S.A. 18A:36A-2. To that end, the State Board of ... J.A.C. 6A:11 - 1.1 to -6.4. N.J.S.A. 18A:36A-4 outlines the procedure for applying to establish ... grant of a charter is for a four-year period. N.J.S.A. 18A:36A-17. Charter schools must be 'open to all students on a space available basis.' N.J.S.A. 18A:36A-7. A charter school cannot discriminate in its ... A.C. 6A:11-1.2. A-1950-21 19 N.J.S.A. 18A:36A-8 details the admissions process for charter ...

docket:	a1950-21
court:	appellate
decided:	2024-04-23
status:	Unpublished
citation:
Document Size:	71446

358 Sundiata Acoli v. New Jersey State Parole Board -- rank: 846

... that governs the determination of Sundiata Acoli’s parole application -- N.J.S.A. 30:4- 123.53, as it existed in 1979 -- the ... in 1973, Acoli first became eligible for parole in 1993. N.J.S.A. 30:4-123.11 (repealed 1997). The Parole Board has ... on parole. The Court reversed on procedural grounds, holding that N.J.S.A. 30:4-123.55(f) required a full Parole Board ... appeal as of right based on the dissent. HELD: Under N.J.S.A. 30:4-123.53 (1979), at the time of Acoli� ... that [Acoli] will commit a crime” if placed on parole. --- N.J.S.A. 30:4-123.53 (1979). See The Board’s decision ... term of life in prison without the possibility of parole. N.J.S.A. 2C:11-3(b)(2). At the time that ...

docket:	a-73-20
court:	NJ Supreme Court
decided:	2022-05-16
status:
citation:
Document Size:	141453

359 Cherokee LCP Land, LLC v. City of Linden Planning Board -- rank: 846

... “interested party” within the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-4, as applied to the holder of a ... for certification. 230 N.J. 500 (2017). HELD: Pursuant to N.J.S.A. 40:55D-4, a tax lienholder who can show that ... a board of adjustment approving an application for development.” N.J.S.A. 40:55D-17(a). An “interested party” is defined ... action or a failure to act under [this act].” N.J.S.A. 40:55D-4 (emphases added). New Jersey’s courts have ... a “right to use, acquire, or enjoy property.” N.J.S.A. 40:55D-4. The purchaser of the tax sale certificate ... that is materially reducing the value of the property.” N.J.S.A. 54:5-86(c). Therefore, the trial court erred ...

docket:	a_82_16
court:	New Jersey Supreme Court
decided:	2018-08-02
status:
citation:
Document Size:	78261

360 Fred Burnett v. County of Bergen, et al. -- rank: 846

... The Court considers under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, a request by a commercial ... The statute directs that all government records, as defined by N.J.S.A. 47:1A-1.1, shall be subject to public access ... Two competing provisions of OPRA are relevant to this case. N.J.S.A. 47:1A-1 (“privacy clause” or “section 1� ... disclosure would violate the citizen’s reasonable expectation of privacy. N.J.S.A. 47:1A-5(a) (“section 5”) directs the redaction ... or recognized public interest favors public access. The Court notes N.J.S.A. 47:1-16, adopted in 2005, which expressly prohibits the ... to the public, but exempts records made available under OPRA. N.J.S.A. 56:8-164(a)(4). Although data aggregators like ...

docket:	a-43-08
court:
decided:	2009-04-27
status:
citation:	198 N.J. 408
Document Size:	139698