Search Rutgers Law Library N.J. Court Opinions

3736 Blase J. Toto, et al. v. Sheriff's Officer Rolando Ensuar, et al. -- rank: 819

... verbal threshold of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, requires that a plaintiff ... function that is substantial. However, in unambiguous and specific terms, N.J.S.A. 59:3-14 creates an exception to the verbal threshold ... to liability and damages contained in the Act. Additionally, although N.J.S.A. 59:3-3 provides that a public employee is not ... arrest/false imprisonment, the objective good faith defense provided in N.J.S.A. 59:3-3 does not apply to these claims. The ... Court. In this case we decide whether the verbal threshold, N.J.S.A. 59:9-2(d), of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, which essentially requires ...

docket:	a-53-07
court:
decided:	2008-08-04
status:
citation:	196 N.J. 178
Document Size:	73178

3737 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 819

... for the purpose of committing a crime or flight thereafter, N.J.S.A. 2C:13-1(b)(1) (count one); first-degree kidnapping ... the purpose of inflicting bodily injury or terrorizing the victim, N.J.S.A. 2C:13-1(b)(2) (count two); first-degree carjacking ... on the occupant or person in control of the vehicle, N.J.S.A. 2C:15-2(a)(1) (count three); first-degree carjacking ... or person in control in fear of immediate bodily injury, N.J.S.A. 2C:15-2(a)(2) (count four); first-degree carjacking ... the person in control or occupant of the vehicle taken, N.J.S.A. 2C:15-2(a)(4) (count five); first-degree robbery, N.J.S.A. 2C:15-1(a)(2) (count six); second-degree ...

docket:	a5757-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

3738 /usr/local/share/www/libweb/collections/courts/appellate/a2104-17.opn.html -- rank: 819

... the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 to -23.24, and common law ... by the court. Here, Angstreich provided the attestation required by N.J.S.A. 2A:53A- 27, named Parsells specifically, and briefly described how ... of the settlement agreement complied with the statutory requirements under N.J.S.A. 2A:53A-27. B. Likewise, we are unpersuaded by the ...

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3739 MICHAEL BATTAGLIA v. UNITED PARCEL SERVICE INC -- rank: 819

... he sought damages under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8; the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42; and for breach of contract ... or a rule or regulation promulgated pursuant to law,” N.J.S.A. 34:19-3a; or “[p]rovides information to, or ... or a rule or regulation promulgated pursuant to law . . .,” N.J.S.A. 34:19-3b; or "[o]bjects to, or refuses to ... health, safety or welfare or protection of the environment.” N.J.S.A. 34:19-3c. Plaintiff in his complaint pled an amalgam ... discrimination "because of" any of several personal characteristics including "sex." N.J.S.A. 10:5-4. A claim of sexual discrimination under ...

docket:	a0226-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	82861

3740 State v. Leslie Nelson -- rank: 819

... added.] ����The defendant relies upon the general proposition codified in N.J.S.A. 2C:11-3f, that "[p]rior to the jury's ... must be informed of the sentencing consequences of its decision. N.J.S.A. 2C:11-3f. In State v. Ramseur , 106 N.J ... notice on any public entity of intent to file suit, N.J.S.A. 59:8-8a, and two years from April 20, 1995 to file a complaint. N.J.S.A. 59:8-8b. Given the state of defense counsel's ...

docket:	a-151-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	155 N.J. 487
Document Size:	133974

3741 STATE OF NEW JERSEY v. DERRICK NELSON GASTON -- rank: 819

... third-degree possession of a controlled dangerous substance (CDS), heroin, N.J.S.A. 2C:35-10a(1) (count one); third-degree possession with intent to distribute a CDS, N.J.S.A. 2C:35–5a(1) and -5b(3) (count two); and ... possession of a CDS within 1000 feet of school property, N.J.S.A. 2C:35–7a (count three). Following his unsuccessful attempt to ... sentencing court must consider statutorily enumerated aggravating and mitigating circumstances, N.J.S.A. 2C:44-1(a) and (b), balance them, and explain ... his imprisonment and his brother's death is "excessive" under N.J.S.A. 2C:44-1(b)(11). It is not even clear ...

docket:	a2675-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-05
status:	unpublished
citation:
Document Size:	75698

3742 /usr/local/share/www/libweb/collections/courts/trial/plotnick-v-deluccia.opn.html -- rank: 819

... not ripe for judicial consideration at this time. Pursuant to N.J.S.A. 9:2-4, the court must conduct a best interest ... employment responsibilities; and the age and number of the children. [N.J.S.A. 9:2-4.] The factors listed, by their plain and ... Relationship” and “Father” under the New Jersey Parentage Act, N.J.S.A. 9:17-39 to 43. Another threshold issue the court ... the law confers or imposes rights, privileges, duties, and obligations.' N.J.S.A. 9:17-39. The relationship can be established by a ... the child, and filed with the appropriate State agency.” N.J.S.A. 9:17-41(b) (emphasis added). As to the finding ... of P.L. 1977, c.367 (C. 9:3-45). [N.J.S.A. 9:17-43.] 6 Nowhere does the statute expressly ...

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court:	NJ Superior Court Law/Chancery Division
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3743 STATE OF NEW JERSEY v. J.C. -- rank: 819

... C. was found guilty of second-degree aggravated sexual assault, N.J.S.A. 2C:14-2b (count two); third-degree criminal sexual contact, N.J.S.A. 2C:14-3a (amended count three); 1 and fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (count five). Defendant was sentenced to an extended term, N.J.S.A. 2C:44-3(a), of eighteen- years imprisonment with nine ... extended term of imprisonment as a persistent offender pursuant to N.J.S.A. 2C:43-3a. On April 29, 2010, defendant unsuccessfully moved ... each a necessary element of sexual assault in violation of N.J.S.A. 2C:14-2(b). Defendant also contends there was ...

docket:	a1121-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-11
status:	unpublished
citation:
Document Size:	57775

3744 /usr/local/share/www/libweb/collections/courts/appellate/a1820-18.opn.html -- rank: 819

... ease of reference. A-1820-18T2 2 interests standard under N.J.S.A. 30:4C-15.1(a)(1)-(4). Father primarily focuses ... domestic violence existed in her relationship with Jim. 2 See N.J.S.A. 3B:12A-6(d); see also N.J. Div. of ... of defendants' parental rights was in John's best interests. N.J.S.A. 30:4C-15.1(a); In re Guardianship of K ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] A-1820-18T2 ... the home' and considered alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Mother primarily challenges the ... to provide the care and support required by the child.' N.J.S.A. 30:4C-12.1(a); N.J. Div. of ...

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3745 Dean v. Barrett Homes, Inc -- rank: 819

... the allegedly defective product pursuant to the Products Liability Act, N.J.S.A. 2A:58C-1 to -11. The Appellate Division affirmed. Dean ... loss rule within the definition of “harm” found in N.J.S.A. 2A:58C-1b(2), the Legislature agreed with the designation ... delivered the opinion of the Court. The Products Liability Act, N.J.S.A. 2A:58C-1 to -11, established a unified theory of ... standing common law theory known as the economic loss rule. N.J.S.A. 2A:58C-1b(2). In this appeal, we consider the ... reasonably fit, suitable or safe for its intended purpose . . . .” N.J.S.A. 2A:58C-2. Although broad in scope, it is significant ... other than the product itself [,]” and certain personal injuries. N.J.S.A. 2A:58C-1b(2) (emphasis added). That definition of ...

docket:	a-15-09
court:	New Jersey Supreme Court
decided:	2010-11-15
status:
citation:
Document Size:	110783

3746 NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS v. BRET SCHUNDLER -- rank: 819

... districts in providing a thorough and efficient system of education, . . ." N.J.S.A. 18A:30-3.5. Supplemental payment for accumulated sick leave ... of the individual's death prior to retirement. Pursuant to N.J.S.A. 18A:30-3.2, a new board of education contract ... compensation for accumulated unused vacation leave shall be consistent with N.J.S.A. 18A:30-9. Contractual provisions for payments of accumulated vacation ... for unused vacation leave accrued consistent with the provisions of N.J.S.A. 18A:30-9 after June 8, 2007 as well as ... tenure after satisfactory completion of the requisite period of service, N.J.S.A. 18A:28-5, superintendents are not tenured employees. Rather, they ... period less than three years nor more than five years. N.J.S.A. 18A:17-15. The protections afforded to tenured assistant ...

docket:	a2101-08
court:	superior court appellate division
decided:	2010-05-21
status:	published
citation:	414 N.J. Super. 530 999 A.2d 535
Document Size:	101339

3747 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.B. -- rank: 819

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth ... s testimony credible. She found that all four prongs of N.J.S.A. 30:4C-15.1(a) had been proven by clear ... relationship endangered the safety, health, or development of her children. N.J.S.A. 30:4C-15.1(a)(1). More specifically, the record ... H.O. , supra , 161 N.J. at 352; see also N.J.S.A. 30:4C-15.1(a)(2). The inquiry is "not ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] However, DYFS's efforts should ... s parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The Division need ...

docket:	a2628-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-02
status:	unpublished
citation:
Document Size:	44107

3748 STATE OF NEW JERSEY v. JAMES T. BANKOWSKI -- rank: 819

... James T. Bankowski was convicted of second-degree witness tampering, N.J.S.A. 2C:28-5a; third-degree witness tampering, N.J.S.A. 2C:28-5a; and two counts of simple assault, N.J.S.A. 2C:12-1a, a disorderly persons offense. Defendant now appeals ... for a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3a, and State v. Pierce , 188 N.J ... following aggravating factors: factor three, the risk of re-offense, N.J.S.A. 2C:44-1a(3); factor six, the extent of defendant's criminal record, N.J.S.A. 2C:44-1a(6); and factor nine, the need ...

docket:	a3964-08
court:	superior court appellate division
decided:	2010-10-13
status:	unpublished
citation:
Document Size:	94749

3749 STATE OF NEW JERSEY v. D.K -- rank: 819

... degree endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4b(3) and -4b(4) (counts one and ... degree endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4a (count three); and second-degree official misconduct, in violation of N.J.S.A. 2C:30-2 (count four). The jury could not reach ... which were: first-degree aggravated sexual assault, in violation of N.J.S.A. 2C:14-2a (count five); and second-degree sexual assault, in violation of N.J.S.A. 2C:14-2c (count six). At the second trial, the ... in "sexual conduct which would impair or debauch" her morals, N.J.S.A. 2C:24-4a (count three), and that defendant caused ...

docket:	a5182-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-15
status:	Published
citation:
Document Size:	53774

3750 Statev. Roy Friedman -- rank: 819

... sentenced to consecutive terms under the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA), must serve the periods of ... before serving at least eighty-five percent of the sentence. N.J.S.A. 2C:43-7.2. Unlike the general parole statute, NERA� ... the Appellate Division correctly applied the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA), when it concluded that a ... second-degree aggravated assault upon his wife in violation of N.J.S.A. 2C:12-1(b) during the period between June 12 ... second-degree aggravated assault upon his wife in violation of N.J.S.A. 2C:12-1(b) during the period between September 29 ... second-degree aggravated assault upon his wife in violation of N.J.S.A. 2C:12-1(b) during the period between December ...

docket:	A-18-10
court:	NJ Supreme Court
decided:	2012-01-24
status:
citation:
Document Size:	94968