Search Rutgers Law Library N.J. Court Opinions

361 D.D. v. University of Medicine and Dentistry of New Jersey -- rank: 846

... of tort claim under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 to :12-3 (TCA); and (2) whether ... to reach him, plaintiff retained new counsel in April 2010. N.J.S.A. 59:8-8. Using a totality of the circumstances approach ... found “extraordinary circumstances” to permit a late notice under N.J.S.A. 59:8-9. The trial court considered plaintiff’s medical ... a public entity for damages are governed by the TCA. N.J.S.A. 59:8-8 requires that pre-suit notification be provided ... a claim’s accrual or “be forever barred.” N.J.S.A. 59:8-9 permits a claimant who fails to file ... opinion of the Court. The New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to :12-3, is the statutory ...

docket:	A-29-30
court:	NJ Supreme Court
decided:	2013-03-12
status:
citation:
Document Size:	136220

362 State v. Ambrose A. Harris -- rank: 846

... as triggerperson. That distinction had death-eligibility consequences. According to N.J.S.A. 2C:11-3c, one who kills by his own conduct ...

docket:	a-17-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	156 N.J. 122
Document Size:	286640

363 State v. Ambrose A. Harris -- rank: 846

... albeit offensive in his conduct, he was competent. ���� 2. Analysis N.J.S.A. 2C:4-4a prohibits the trying, convicting, and sentencing of ... one�s position and ability to consult intelligently with counsel). N.J.S.A. 2C:4-4b states that a defendant is fit to ... as a judge here a disgrace to the bench.); see N.J.S.A. 2C:4-5a authorizes a court, on its own motion ...

docket:	a-94-02
court:	New Jersey Supreme Court
decided:	2004-10-19
status:
citation:
Document Size:	346503

364 Joshua Haines v. Jacob W. Taft -- rank: 846

... that exceeded their $15,000 PIP limits. Defendants relied on N.J.S.A. 39:6A-12 (Section 12), which addresses the inadmissibility of ... “economic loss” as that term presently is defined in N.J.S.A. 39:6A-2(k) and that evidence of such medical ... concert with the present definition of “economic loss” in N.J.S.A. 39:6A-2(k), to give rise to a stand ... same time reducing unnecessary costs which drive premiums higher.” N.J.S.A. 39:6A-1.1(b) (1998). AICRA changed the arbitration ... judgments of dismissal. JUSTICE ALBIN, dissenting, expresses the view that N.J.S.A. 39:6A-12 is intended to prevent a double recovery ... s interpretation is at odds with the plain wording of N.J.S.A. 39:6A-12, the legislative history of the No ...

docket:	a-13-14-17
court:	NJ Supreme Court
decided:	2019-03-26
status:
citation:
Document Size:	102160

365 State of New Jersey in the Interest of C.K. -- rank: 846

... 2018 ALBIN, J., writing for the Court. Subsection (f) of N.J.S.A. 2C:7-2 subjects all sex offenders, including juveniles, to ... rehabilitated. In this case, the Court addresses the constitutionality of N.J.S.A. 2C:7-2(g) as applied to juveniles. When C ... C.K. to comply with the Megan’s Law requirements, N.J.S.A. 2C:7-1 to -11, -19, and barred him from ... on juvenile offenders.” 228 N.J. 238 (2016). HELD: N.J.S.A. 2C:7-2(g) is unconstitutional as applied to juveniles ... delinquent as sex offenders. In the absence of subsection (g), N.J.S.A. 2C:7-2(f) provides the original safeguard incorporated into ... risk after a fifteen-year look- back period. 1 1. N.J.S.A. 2C:7-2(g) is part of the registration ...

docket:	a_15_16
court:	NJ Supreme Court
decided:	2018-04-24
status:
citation:
Document Size:	92861

366 Arthur G. Whelan v. Armstrong International, Inc. -- rank: 846

... jurisprudence, not the New Jersey Product Liability 22 Act (PLA), N.J.S.A. 2A:58C-1 to -11.4 James v. Bessemer Processing ... does “not apply to any environmental tort action.” N.J.S.A. 2A:58C-6. Because the asbestos claims here fall within ... fail to include “adequate warnings or instructions.” See N.J.S.A. 2A:58C-2. 5 At common law, a product-liability ... 386, 403 (1982) (common law definition of adequate warning), with N.J.S.A. 2A:58C-4 (PLA 23 change in the common law ... dangers and safe use of the product. See ibid.; cf. N.J.S.A. 2A:58C-4 (“An adequate product warning or instruction ...

docket:	a-40-18
court:	NJ Supreme Court
decided:	2020-06-03
status:
citation:
Document Size:	121235

367 Tyrone A. Huggins v. Mary E. Aquilar -- rank: 846

... A.C. 13:21-15.2(l). 1 1. Per N.J.S.A. 39:6B-1(a), every owner of a motor vehicle ... for higher liability insurance coverage than is generally required under N.J.S.A. 39:6B-1(a), was known, considered, and not altered ... maintain higher compulsory liability insurance than is called for under N.J.S.A. 39:6B-1(a). (pp. 15-18) 3. Examination of ... have personal insurance meeting the compulsory statutory minimum. However, because N.J.S.A. 39:6B-1(a) requires car “owner[s]� ... context of UIM benefits. Aubrey was not tasked with construing N.J.S.A. 39:6B-1(a), which mandates liability insurance of � ... Commission (MVC) on terms established by the MVC Chief Administrator. N.J.S.A. 39:10-19. Among the requirements for licensure established ...

docket:	a-78-19
court:	NJ Supreme Court
decided:	2021-04-21
status:
citation:
Document Size:	58153

368 P.V. v. Camp Jaycee -- rank: 846

... the question of whether New Jersey’s charitable immunity statute, N.J.S.A. 2A:53A-7 to -11, applies to a tort committed ... the question of whether New Jersey’s charitable immunity statute, N.J.S.A. 2A:53A-7 to -11, applies to a tort committed ... from suit under the New Jersey Charitable Immunity Act (CIA). N.J.S.A. 2A:53A-7 to -11. The trial judge granted Camp ... of the works of such nonprofit corporation, society or association . . . . [ N.J.S.A. 2A:53A-7(a).] Contrary to New Jersey’s policy ... inquiry must begin with the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53-7 to -11, and the public policy behind ... sunset provision. L. 1959, c. 90, § 1 (codified at N.J.S.A. 2A:53A-7). When our Legislature spoke on the ...

docket:	a-31-07
court:
decided:	2008-11-24
status:
citation:	197 N.J. 132
Document Size:	163274

369 In re Petition for Expungement of the Criminal Record Belonging to T.O. -- rank: 846

... State opposed T.O.’s petition and argued that N.J.S.A. 2C:52-2(a) barred expungement for individuals with multiple ... life of rectitude and disassociated himself with unlawful activity.” N.J.S.A. 2C:52-32. Not all convicted individuals, however, are eligible ... have any prior or subsequent conviction for another crime.” N.J.S.A. 2C:52-2(a) (2018) (emphasis added). The parties do ... statutory bar or that the petition should not be granted. N.J.S.A. 2C:52-14 outlines grounds for the denial of an ... the records. (pp. 24-25) 6. Under the version of N.J.S.A. 2C:52-2(a) in effect when the trial court ... a person freed from” limitations the expungement statute provides. See N.J.S.A. 2C:52-14(b); see also N.J.S. ...

docket:	a-55-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	63348

370 Estate of Myroslava Kotsovska v. Saul Liebman -- rank: 846

... of employment without regard to the negligence of the employer. N.J.S.A. 34:15-7. This provision is intended to ensure that ... of all claims for workers’ compensation benefits under this chapter. N.J.S.A. 34:15-49(a). The Superior Court should resist the ... independent contractor after defendant raised the exclusive remedy defense under N.J.S.A. 34:15-8. Moreover, petitioner did not file a petition ... could recover only under the Workers’ Compensation Act (Compensation Act), N.J.S.A. 34:15-1 to -142. If, as Liebman asserts, decedent ... affirmative defense the exclusive remedy provision of the Compensation Act, N.J.S.A. 34:15-8. Although the Superior Court determined that it ... of determining whether the Compensation Act’s exclusive remedy provision, N.J.S.A. 34:15-8, applies. The trial court denied the ...

docket:	A-89-13
court:	NJ Supreme Court
decided:	2015-06-11
status:
citation:	221 N.J. 568 116 A.3d 1
Document Size:	108692

371 State v. Gary Twiggs State v. James E. Jones & Likisha Jones -- rank: 846

... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. ...

docket:	a_51_16
court:	NJ Supreme Court
decided:	2018-06-19
status:
citation:
Document Size:	83209

372 State v. Buddy Randolph -- rank: 846

... defendant will reoffend and need to deter defendant and others, N.J.S.A. 2C:44-1(a)(3) & (9)); and that those factors ... the analysis of aggravating and mitigating factors set forth in N.J.S.A 2C:44-1, some of which relate to the crime ... unlikely to recur and the character and attitude of defendant. N.J.S.A. 2C:44-1(b). As at sentencing, a defendant in ... 02-707, defendant pled guilty to second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (Count 2), and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count 3). On Indictment 2002-05-2003, defendant pled guilty to second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (Count 1), and third- ...

docket:	A-87-10
court:	NJ Supreme Court
decided:	2012-06-18
status:
citation:	210 N.J. 330 44 A.3d 1113
Document Size:	170279

373 New Jersey Division of Youth and Family Services v. F.M. -- rank: 846

... In May 2009, DYFS filed a guardianship petition, pursuant to N.J.S.A. 30:4C-15, seeking termination of Troy’s and Fernanda� ... four factors of the best-interests test set forth in N.J.S.A. 30:4C-15.1(a). The court terminated Fernanda’s ... of the children, which is a prerequisite to termination under N.J.S.A. 30:4C-15(c). The Supreme Court granted certification. 206 ... HELD: In this termination of parental rights case pursuant to N.J.S.A. 30:4C-15, the record supports the family court’s ... terminating parental rights, one of five grounds set forth in N.J.S.A. 30:4C-15(a) to (f) must be met. The ... custody require that he or she be placed under guardianship. N.J.S.A. 30:4C-12 outlines the required procedures for DYFS ...

docket:	A-108-10
court:	NJ Supreme Court
decided:	2012-08-14
status:
citation:	211 N.J. 420 48 A.3d 1075
Document Size:	114985

374 /usr/local/share/www/libweb/collections/courts/supreme/a-35-36-37-20.opn.html -- rank: 846

... enabling state and federal legislative amendments that authorized the expansion, N.J.S.A. 30:4D-3(i)(11) and 42 U.S.C ... New Jersey’s definitions of a “qualified applicant” in N.J.S.A. 30:4D-3(i)(2), (7), and (11) track groups ... X), (m)(1). The legislative history makes crystal clear that N.J.S.A. 30:4D-3(i)(11) was enacted to provide coverage ... with both 42 U.S.C. § 1396a(m) and N.J.S.A. 30:4D-3(i)(11). The Appellate Division reversed and ... A.C. 10:72-4.4(d)(1) conflicts with N.J.S.A. 30:4D-3(i)(11). 245 N.J. 75 (2021 ... by cross-petitioners. 1. Comparing a plain language construction of N.J.S.A. 30:4D-3(i)(11) to N.J.A. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	82527

375 N.J. Div. of Youth & Family Servs. v. A.L. -- rank: 846

... a finding of abuse or neglect against A.L. under N.J.S.A. 9:6-8.21. At the fact-finding hearing, the ... D. is an ‘abused or neglected child’” under N.J.S.A. 9:6-8.21(c)(4)(b). The Appellate Division ... ’s birth created the very risk of harm that N.J.S.A. 9:6-8.21(c)(4)(b) is designed to ... a substantial risk of harm to the newborn child, which N.J.S.A. 9:6-8.21(c)(4)(b) specifically requires. 1 ... a child who has suffered harm or faces imminent danger. N.J.S.A. 9:6-8.21(c)(4)(b) defines an � ... a child and not a fetus. The definitional language in N.J.S.A. 9:6-8.21 declares that an “‘[ ...

docket:	a-28-11
court:	NJ Supreme Court
decided:	2013-02-06
status:
citation:	213 N.J. 1 59 A.3d 576
Document Size:	131880