Search Rutgers Law Library N.J. Court Opinions

4201 KRISTIAN KIRCHNER v. CITY OF VINELAND -- rank: 817

... former Vineland police detective, plaintiff Kristian Kirchner's claim under N.J.S.A. 34:19-3(c)(3) of the Conscientious Employees' Protection Act, N.J.S.A. 34:19-1 to -14. Kirchner claims he was demoted ... include a claim under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, for the violation of his ... 461). The statute's 'critical substantive provisions are contained in N.J.S.A. 34:19-3,' id. at 540, which, as pertinent to ... protection of the environment. Plaintiff's CEPA claim falls under N.J.S.A. 34:19-3(c)(3) in that he contends he ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action ...

docket:	a0131-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-30
status:	Unpublished
citation:
Document Size:	67225

4202 STATE OF NEW JERSEY v. SILVER IQUCHUKWU -- rank: 817

... degree aggravated sexual assault on a helpless or incapacitated victim, N.J.S.A. 2C:14- 2(a)(7), Judge Mitzy Galis-Menendez sentenced ... custodial term, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge also imposed applicable fines ... and penalties as well as Megan's Law registration requirements, N.J.S.A. 2C:7-2, parole supervision for life, N.J.S.A. 2C:43-6.4, and a Nicole's Law sexual offender restraining order, N.J.S.A. 2C:44-8. Defendant challenges his conviction and sentence arguing ... The State also requested the court apply aggravating factor one, N.J.S.A. 2C:44-1(a)(1), that the crime was ...

docket:	a1050-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	47512

4203 State v .Lewis B.Morrison -- rank: 817

... 2. The crimes of distribution of a controlled dangerous substance, N.J.S.A. 2C:35-5, and drug-induced death on the basis of distribution, N.J.S.A. 2C:35-9, both require proof of an act of ... degree strict liability for drug-induced death, in violation of N.J.S.A. 2C:35-9 (count one); second-degree reckless manslaughter, in violation of N.J.S.A. 2C:11-4(b)(1) (count two); and third-degree distribution of a controlled dangerous substance, in violation of N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count three). Defendant moved ...

docket:	a-81-05
court:
decided:	2006-07-26
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citation:	*CITE_PENDING*
Document Size:	84810

4204 STATE OF NEW JERSEY v. LORETTA C. BURROUGHS -- rank: 817

... C. Burroughs was convicted of the murder of her husband, N.J.S.A. 2C:11-3(a)(1) and (2) (count one), and third-degree hindering apprehension, N.J.S.A. 2C:29-3(b)(1) (count two). She was sentenced ... five years, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant now appeals from the May ... convictions, one fourth-degree conviction for theft by illegal retention, N.J.S.A. 2C:20-9, and the second, a federal conviction for ... was committed in an especially heinous, cruel, or depraved manner, N.J.S.A. 2C:44-1(a)(1); (2) the gravity and seriousness ... incapable of exercising normal physical or mental power of resistance, N.J.S.A. 2C:44-1(a)(2); (3) the risk of ...

docket:	a4590-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-16
status:	unpublished
citation:
Document Size:	58889

4205 /usr/local/share/www/libweb/collections/courts/appellate/a-74-20.opn.html -- rank: 817

... or another “date deemed equitable by the court.” N.J.S.A. 14A:12-7(8). Whether the corporation’s fair value ... to the value of the dissenting shareholders’ stock. In fact, N.J.S.A. 14A:12-7(8) expressly authorizes a court to judicially ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the ... not meet the standard of an oppressed shareholder pursuant to N.J.S.A. 14A:12-7. Sipko, 214 N.J. at 382. We ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the ... himself to be an oppressed shareholder, we nevertheless look to N.J.S.A. 14A:12-7(1)(c) and our jurisprudence regarding ...

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court:	NJ Superior Court Law/Chancery Division
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4206 /usr/local/share/www/libweb/collections/courts/appellate/a3501-11.opn.html -- rank: 817

... primarily an abuse and neglect case, brought under Title 9, N.J.S.A. 9:6-8.21 to -8.73. Where the Division ... N.J. Super. 245, 261-62 (App. Div. 2002) (quoting N.J.S.A. 9:6-8.44). At the fact-finding hearing, "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). The Division bears the burden ... been established, it "shall state the grounds for [such] findings." N.J.S.A. 9:6-8.50(a). The trial court's factual ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4).] See also N.J.S.A. 9:6-8.9 (similarly defining an "abused child" ...

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court:	NJ Superior Court Law/Chancery Division
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4207 STATE OF NEW JERSEY v. VIRGIL SUGGS -- rank: 817

... jury charged defendant with: first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2, 2C:11-3A(1)-(2) (count one); first-degree murder of McLeod, N.J.S.A. 2C:11-3(a)(1)-(2) (count two); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count three); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); and first-degree attempted ... murder of R.P., P.S., and S.B. respectively, N.J.S.A. 2C:5-1, 2C:11-3 (counts five, six, and ... without parole pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On count five, defendant received ...

docket:	a0073-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-20
status:	unpublished
citation:
Document Size:	64585

4208 THE ESTATE OF ANNA RUSZALA v. BROOKDALE LIVING COMMUNITIES, INC. -- rank: 817

... policy of this State as expressed by the Legislature in N.J.S.A. 30:13-8.1, one of the key components of ... Nursing Home Responsibilities and Rights of Residents" act (the Act). N.J.S.A. 30:13-8.1 renders void and unenforceable "[a]ny ... the arbitration provisions were void as against public policy under N.J.S.A. 30:13-8.1; (2) the FAA is not applicable ... parties did not involve interstate commerce; and (3) even if N.J.S.A. 30:13-8.1 is preempted by the FAA, the ... the FAA does not preempt the anti-arbitration provision in N.J.S.A. 30:13-8.1, that there is insufficient evidence to ... satisfied that the FAA preempts the anti-arbitration provision in N.J.S.A. 30:13-8.1. The economic activities performed by ...

docket:	a4404-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-02-09
status:	Published
citation:
Document Size:	79716

4209 STATE OF NEW JERSEY v. VEANZEIL ROBERTS -- rank: 817

... and convicted of first degree attempted murder of Monica Penalba, N.J.S.A. 2C:5-1 and 2C:11-3(a); first degree conspiracy to murder Penalba, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) and (2); second degree aggravated assault of Penalba, N.J.S.A. 2C:12-1(b)(1); third degree possession of a ... weapon (a knife and/or knives) for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth degree unlawful possession of ... knives) under circumstances not manifestly appropriate for its lawful use, N.J.S.A. 2C:39-5(d). After merging the attempted murder conviction ... supervision, both pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The State's theory of ...

docket:	a2268-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-06
status:	unpublished
citation:
Document Size:	128280

4210 LESLIE SMITH v. BETTE R. GRAYSON -- rank: 817

... entitled to permanent alimony based on the applicable factors of N.J.S.A. 2A:34-23, including the length of the marriage, the ... in her report, the expert analyzed all applicable factors of N.J.S.A. 2A:34-23 relevant in this instance to the determination ... awarded absent a clear statement of reasons to the contrary, N.J.S.A. 2A:34-23(b), (c). Id. at 483. Most tellingly ... the expert opined that in applying the pertinent factors of N.J.S.A. 2A:34-23 and the rationale of Cox , a court ...

docket:	a1460-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	64943

4211 ILANA PERETZ, v. RUDRANI K. BELNEKAR, M.D -- rank: 817

... damages for the pain and suffering Aviv experienced while conscious. N.J.S.A. 2A:15-3; Smith v. Whitaker, 160 N.J. 221 ...

docket:	a4953-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-15
status:	Unpublished
citation:
Document Size:	96993

4212 IN THE MATTER OF M.M. -- rank: 817

... is not required to appeal, and the Civil Service Act, N.J.S.A. 11A:1-1 to 12-6, does not grant the ... was entitled to appeal directly to the Commission pursuant to N.J.S.A. 11A:2-24, which provides that an employee 'who is ... subject to a purported 'reprisal action' within the meaning of N.J.S.A. 11A:2-24, or that she was entitled to a ...

docket:	a4038-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-19
status:	Published
citation:
Document Size:	31838

4213 IN THE MATTER CIVIL COMMITMENT OF K.J.W. -- rank: 817

... violent predator (SVP) under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. The March 7 ... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. "[T]he State must prove that ... November 12, 1993, K.J.W. was evaluated pursuant to N.J.S.A. 2C:47-1 and found not to be a repetitive ... ability to control his sexually harmful conduct as required by N.J.S.A. 30:4-27.26. See W.Z. , supra , 173 N ... future acts of sexually violent behavior, which is defined in N.J.S.A. 30:4-27.26 as "the propensity of a person ... engage in acts of sexual violence if not otherwise constrained. N.J.S.A. 30:4-27.26. Under the SVPA, a mental ...

docket:	A3953-03
court:	NJ Superior Court Appellate Division
decided:	2006-07-18
status:	unpublished
citation:
Document Size:	100922

4214 J.SMENTKOWSKI, INC. v. GARFIELD CITY -- rank: 817

... chronology of events. Pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11- 1 to -51 ('LPCL'), the City published a ... bidder. The City's resolution stated, in pertinent part: WHEREAS, N.J.S.A. 40A:11-23.2(b) requires mandatory Bid Compliance with ... publicly advertised contracts be awarded to 'the lowest responsible bidder.' N.J.S.A. 40A:11-4(a) (emphasis added); Meadowbrook, 138 N.J ... a statement of their financial capacity.' Id. at 322; see N.J.S.A. 40A:11-20 to -22 (citations omitted). Accordingly, the Court ... 1 to -6.18, promulgated by the BPU pursuant to N.J.S.A. 48:13A-7.22, provide in relevant part as follows ... all municipal solid waste collection contracts, advertised in accordance with N.J.S.A. 40A:11-1 et seq., the contracting unit shall ...

docket:	a2394-17
court:	NJ Superior Court Appellate Division
decided:	2018-05-07
status:	unpublished
citation:
Document Size:	74113

4215 /usr/local/share/www/libweb/collections/courts/appellate/a0868-19.opn.html -- rank: 815

... the requirements of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3, and an order ... served within ninety days of the accident as required under N.J.S.A. 59:8-8. On June 27, 2019, plaintiff filed a ... serve a timely notice of tort claim as required by N.J.S.A. 59:8-8. A-0868-19T1 6 Plaintiff subsequently filed ... file a late notice of tort claim in accordance with N.J.S.A. 59:8-9. The NJTA filed a cross-motion to ... claim 'was properly and timely served' on the NJTA under N.J.S.A. 59:8-8. The court also entered an order denying ... In a subsequent written decision, the motion court explained that N.J.S.A. 59:8-8 requires service of a notice of ...

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