Search Rutgers Law Library N.J. Court Opinions

4036 NUWAVE INVESTMENT CORPORATION v. HYMAN BECK & COMPANY -- rank: 817

... based upon the applicable one-year statute of limitations. See N.J.S.A. 2A:14-3 ("Every action at law for libel or ... we vacate the punitive damages portion of the judgment. See N.J.S.A. 2A:15-5.13(c) ("Punitive damages may be awarded ... shall have accrued." Id. at 374 (Pashman, J., concurring) (quoting N.J.S.A. 2A:14-2). "Due to the absence of any legislative ... alleged libel." Id. at 374-75 (Pashman, J., concurring) (quoting N.J.S.A. 2A:14-3). "Hence, the discovery rule is inapplicable to ... refuse to depart from Justice Pashman's clear exegesis of N.J.S.A. 2A:14-3 for two primary reasons. First, nearly thirty ... Third) of Trusts and apply them to the alimony statute, N.J.S.A. 2A:34-23(b)), aff'd o.b. , 208 ...

docket:	a5275-10
court:	NJ Superior Court Appellate Division
decided:	2013-09-19
status:	published
citation:	432 N.J.Super. 539 75 A.3d 1241
Document Size:	78267

4037 ROTIMI OWOH, ESQ., ETC. VS. BOROUGH OF ROSELLE POLICE DEPARTMENT, ET AL. -- rank: 817

... suits brought pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. In these two matters, the ... a prevailing party entitled to a fee award pursuant to N.J.S.A. 47:1A-6.1 We agree and affirm. To provide ... a requestor's entitlement to fees as a prevailing party. N.J.S.A. 47:1A-6 (amended L. 2024, c. 16.). This amendment ... the extended period results in a 'deemed' denial . . . pursuant to N.J.S.A. 47:1A- 5(g), N.J.S.A. 47:1A-5(i) . . . ,' but that 'the evidence of record ... records within seven business days from receipt of a request. N.J.S.A. 47:1A-5(i). And, a custodian's failure ...

docket:	a1570-22a2393-22
court:	appellate
decided:	2024-07-03
status:	Unpublished
citation:
Document Size:	37021

4038 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.M.H. and G.L. -- rank: 817

... SPRU worker effected an emergency removal of Clare pursuant to N.J.S.A. 9:6-8.29. The SPRU worker presented each parent ... The judge then reviewed the four prongs set forth in N.J.S.A. 30:4C-15.1a. Regarding the first prong, that the ... because DYFS failed to comply with the timeline mandated by N.J.S.A. 30:4C-15.2. This issue was not raised at ... O. , supra , 161 N.J. at 347-48.] See also N.J.S.A. 30:4C-15.1a(1) to (4). This analysis requires ... of parental rights will not do more harm than good, N.J.S.A. 30:4C-15.1a(4), the overriding con­sideration is ... of services or other forms of parenting support required by N.J.S.A. 30:4C-15.1a(3). 4 Although we focus ...

docket:	a1926-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-05
status:	unpublished
citation:
Document Size:	108910

4039 STATE OF NEW JERSEY v. RAHEEM HARRITY -- rank: 817

... of parole ineligibility under the No Early Release Act, (NERA) N.J.S.A. 2C:43-7.2. Harris also received a custodial term ... Jury charged defendant with two counts of first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (counts one and two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3a(1) and (2 ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); and third-degree unlawful possession of a weapon, N.J.S.A. 39:5-(b) (count five). The State notified defendant that ... 2010), certif. denied , 205 N.J. 77 (2011); see also N.J.S.A. 2C:1-8e. For the prosecution to prevail in ...

docket:	a3060-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	90019

4040 STATE OF NEW JERSEY v. FORLANG SPENCER -- rank: 817

... 16, 2003, and charged with third-degree conspiracy, contrary to N.J.S.A. 2C:35-5 and N.J.S.A. 2C:5-2 (count one); third-degree possession of a controlled dangerous substance (CDS) (cocaine), contrary to N.J.S.A. 2C:35-5a and N.J.S.A. 2C:35-7 (count four), and second degree possession of ... with intent to distribute on or near a public park, N.J.S.A. 2C:35-5a and N.J.S.A. 2C:35-7.1 (count five). On January 13, ...

docket:	a2910-05
court:	NJ Superior Court Appellate Division
decided:	2008-12-12
status:	unpublished
citation:	199 N.J. 541 973 A.2d 944
Document Size:	90219

4041 STATE OF NEW JERSEY v. EDWARD FAIRLEY -- rank: 817

... defendant Edward Fairley was convicted of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); third-degree terroristic threats, N.J.S.A. 2C:12-3(a) "and/or" N.J.S.A. 2C:12-3(b); and fourth-degree stalking, N.J.S.A. 2C:12-10(b). 1 At sentencing, Judge Marilyn ...

docket:	a5306-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-20
status:	Published
citation:
Document Size:	62894

4042 STATE OF NEW JERSEY v. CARLOS SIERRA -- rank: 817

... E. with second-degree conspiracy to commit first-degree robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; (2) charging defendant with first-degree robbery, N.J.S.A. 2C:15-1; (3) charging Calderon with second-degree robbery, N.J.S.A. 2C:15-1; (4) charging defendant with first-degree kidnapping, N.J.S.A. 2C:13-1(b)(2); (5) charging defendant with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); and (6) charging defendant ...

docket:	a2465-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-12
status:	unpublished
citation:
Document Size:	37491

4043 /usr/local/share/www/libweb/collections/courts/appellate/a4439-11a4705-11a4713-11.opn.html -- rank: 817

... the exclusive remedy provision within the worker's compensation statute, N.J.S.A. 34:15-8, does not preclude a negligent employer's ... exclusive remedy provision of the Workers' Compensation Act ('the WCA'), N.J.S.A. 34:15-8. S&B also 17 A-4439-11T2 ... opinion as well. 25 A-4439-11T2 A. The WCA, N.J.S.A. 34:15-1 to -142, 'represents the bargain that was ... of the bargain struck by the Legislature in the WCA, N.J.S.A. 34:15-8 directs that an employer may not be ... S&B under the Joint Tortfeasors Contribution Law ('the JTCL'), N.J.S.A. 2A:53A-1 to - 5. 'Because the employer cannot be ... question were caused by the indemnitee's 'sole negligence.' See N.J.S.A. 2A:40A-1.5 5 N.J.S.A. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	102748

4044 MATTHEW J. PLATKIN v. SMITH WESSON SALES CO., -- rank: 817

... Tecum pursuant to the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -226, and the State's Hazardous ... of any merchandise . . . is declared to be an unlawful practice. [N.J.S.A. 56:8-2.] In short, the CFA is intended to ... to issue subpoenas, 'which shall have the force of law,' [ N.J.S.A.] 56:8-4, when [they] believe[]someone has violated the ... in[,] or is about to engage in, any such practice,' [ N.J.S.A.] 56:8-3. The Attorney General may request orders from ... Vacating, annulling, or suspending the corporate charter of a corporation.' [ N.J.S.A.] 56:8-6. [Smith & Wesson, 27 F.4th at 889 ... the latter of which 'is based on regulations enacted under N.J.S.A. 56:8-4'). A subpoena issued by the Attorney ...

docket:	a3292-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-26
status:	Published
citation:
Document Size:	54156

4045 PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY V. MONMOUTH COUNTY MUNICIPAL JOINT INSURANCE FUND -- rank: 817

... prorated between it and JIF, pursuant to the UM statute, N.J.S.A. 17:28-1.1c. JIF contended that the Tort Claims Act, specifically N.J.S.A. 59:9-2e, required that Holman exhaust his coverage with ... the trial court, relying on case law that held that N.J.S.A. 59:9-2e did not provide authority for the conclusion ... UM benefits must be prorated pursuant to the UM statute, N.J.S.A. 17:28-1.1c. 1. The Court affirms the decision ... employees either directly or derivatively, the Tort Claims Act, specifically N.J.S.A. 59:9-2e, is not applicable. Furthermore, entirely different legislative ... under the New Jersey Tort Claims Act (Tort Claims Act), N.J.S.A. 59:1-1 to 12-3, would be circumvented ...

docket:	a-98-94
court:	njsupreme
decided:	1995-05-25
status:
citation:	141 N.J. 235
Document Size:	36877

4046 E.S.S. Co. v. Director, New Jersey Division of Taxation -- rank: 817

... records for the Division to determine proper sales tax liabilities. N.J.S.A. 54:32B-16; N.J.A.C. 18:24-2 ... place of business or from any other source.ā€¯ See N.J.S.A. 54:32B-19; Yilmaz, 22 N.J. Tax at 231 ... 1 , at *21 (Tax 2020). During the relevant tax years, N.J.S.A. 54:32B-3 imposed a sales tax on the receipts ... this State unless specifically exempted elsewhere under the SUT. Further, N.J.S.A. 54:32B-12(a) dictates that persons required to collect ... as State trustees for and on account of the State. N.J.S.A. 54:32B-12(b) provides that all receipts for property or services of the type mentioned in N.J.S.A. 54:3B-3(a), (b), and (c) are presumed ...

docket:	007589-16
court:	NJ Tax Court
decided:	2021-12-03
status:	Unpublished
citation:
Document Size:	46186

4047 JOANN DALY v. PETER DALY -- rank: 817

... the judge failed to properly apply certain statutory factors under N.J.S.A. 2A:34- 23(b). Specifically, he alleges that the judge ... is 'frame[d]' by the statutory factors set forth in N.J.S.A. 2A:34-23(b). Steneken v. Steneken, 367 N.J ... alimony, the judge must consider the thirteen factors enumerated in N.J.S.A. 2A:34-23(b), along with any other A-1825 ... and conclusions of law with respect to the alimony award. N.J.S.A. 2A:34-23(b). The statutory factors are: (1) The ... Div. 1978)). Under equitable distribution, the statutory factors enumerated in N.J.S.A. 2A:34-23.1, 'used in concert with the facts ... father in equitable distribution. We disagree. A-1825-18T4 18 N.J.S.A. 2A:34-23.1 provides the statutory factors to ...

docket:	a1825-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	53454

4048 State v. Jamiyl Dock -- rank: 817

... degree purposeful or knowing murder of Stewart, in violation of N.J.S.A. 2C:11-3(a)(1) and (2); the second-degree aggravated assault of Allen, in violation of N.J.S.A. 2C:12-1(b); the third-degree unlawful possession of a handgun, in violation of N.J.S.A. 2C:39-5(b); and the second-degree possession of a firearm for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a)(1). Defendant was sentenced to an ... subject to the provisions of the No Early Release Act, N.J.S.A. 2C:43-7.2. On direct appeal, and in an ... s offense, the provisions of the No Early Release Act, N.J.S.A. 2C:43-7.2, did not apply to the ...

docket:	a-8-10
court:	NJ Supreme Court
decided:	2011-03-08
status:
citation:	205 N.J. 237 15 A.3d 1
Document Size:	78043

4049 STATE OF NEW JERSEY v. ELLIOTT WRIGHT TAYLOR -- rank: 817

... in a four-count Bergen County indictment: second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); third-degree receiving stolen property, N.J.S.A. 2C:20- 7 (count two); fourth-degree eluding, N.J.S.A. 2C:29-2(a)(2) (count three); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count four). Over the State's ... right pursuant to Rule 2:3- 1(b)(6) and N.J.S.A. 2C:44-1(f)(2), raising a single point for ... underlying motor vehicle violations: failure to observe traffic control device, N.J.S.A. 39:4-81; reckless driving, N.J.S.A. ...

docket:	a0901-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	39163

4050 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.F and J.C -- rank: 817

... emergency removal of a child pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. See N.J ... test for termination of parental rights, which is codified in N.J.S.A. 30:4C-15.1(a). Judge Brown memorialized his decision ... which was established in A.W. and thereafter codified at N.J.S.A. 30:4C-15.1(a), 'aims to achieve the appropriate ... 261, 280 (2007)). Parental rights may be terminated pursuant to N.J.S.A. 30:4C-15.1(a) when: (1) The child's ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The four elements 'are not ... erred by finding that the Division established prong three under N.J.S.A. 30:4C-15.1(a). She contends the Division ...

docket:	a3538-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-04
status:	Unpublished
citation:
Document Size:	39532