Search Rutgers Law Library N.J. Court Opinions

4516 John Rogers v. Cape May County Office of the Public Defender -- rank: 813

... defendant’s claim to the one-year time-bar in N.J.S.A. 59:8-9 and the latter would not. 2 On ... filed within one year after accrual of a claim under N.J.S.A. 59:8-9; “exoneration,” and therefore accrual, occurred ... thus not barred by the one-year filing limitation in N.J.S.A. 59:8-9. Nevertheless, because the claim was filed ten days beyond the ninety-day limit set forth in N.J.S.A. 59:8-8, further proceedings are required to determine whether the “extraordinary circumstances” standard in N.J.S.A. 59:8-9 was satisfied. 1. Claims for damages against ... subject to the provisions of the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. N.J.S. ...

docket:	A-63-10
court:	NJ Supreme Court
decided:	2011-12-05
status:
citation:
Document Size:	64317

4517 STATE OF NEW JERSEY v. BRENDAN F. O'CARROLL -- rank: 813

... Brendan O'Carroll, with one count of first-degree murder, N.J.S.A. 2C:11-3, in the death of Theresa Nieves. After ... jury. The jury found defendant guilty of first-degree murder, N.J.S.A. 2C:11-3. The judge rejected the State's motion ... a discretionary extended term as a persistent offender, pursuant to N.J.S.A. 2C:44-3a and See footnote 2 He testified: [The ... for a verdict convicting the defendant of the included offense." N.J.S.A. 2C:1-8e. A trial judge, however, "has an independent ... knowingly causes death or serious bodily injury resulting in death . . . ." N.J.S.A. 2C:11-3a. A criminal homicide is passion/provocation manslaughter ... in the heat of passion resulting from a reasonable provocation." N.J.S.A. 2C:11-4 (2005) (quoting State v. Mauricio , 117 ...

docket:	a4182-02
court:	njappellate
decided:	2006-05-04
status:	published
citation:	*CITE_PENDING*
Document Size:	60772

4518 STATE OF NEW JERSEY v. LOUISE FRANK -- rank: 813

... scene of a motor vehicle accident involving serious bodily injury, N.J.S.A. 2C:12-1.1. 1 The judge, thereafter, found defendant ... the scene of a motor vehicle accident resulting in injury, N.J.S.A. 39:4-129(a). At sentencing, the trial court ordered ... sentenced to a four-year term of probation on the N.J.S.A. 2C:12-1.1 offense, but the court determined that a custodial sentence of 180 days was mandated by N.J.S.A. 39:4-129(a). Defendant appealed, arguing: POINT I THE ... S SENTENCE SHOULD BE VACATED, BECAUSE THE TRIAL COURT MISINTERPRETED N.J.S.A. 39:4-129(a) BY FINDING THAT INCARCERATION WAS MANDATORY. POINT II DEFENDANT'S CONVICTION FOR N.J.S.A. 39:4-129(a) SHOULD MERGE INTO HER CONVICTION ...

docket:	a0832-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-29
status:	published
citation:	445 N.J.Super. 98 136 A.3d 429
Document Size:	40653

4519 LAURIE L. RILEY v. JOHN P. KEENAN -- rank: 813

... New Jersey Licensed Alcoholic Beverage Server Fair Liability Act (Act), N.J.S.A. 2A:22A-1 to -7, "[a] licensed alcoholic beverage server ... negligent only when the server served a visibly intoxicated person." N.J.S.A. 2A:22A-3. The Act further provides that a person ...

docket:	a6054-06
court:	njappellate
decided:	2009-04-02
status:	published
citation:	406 N.J. Super. 281
Document Size:	90894

4520 DIVISION OF YOUTH AND FAMILY SERVICES v. K.Y.B. and G.A IN THE MATTER OF THE GUARDIANSHIP OF T.D.M.A., a minor -- rank: 813

... it has satisfied all four factors of the statutory test. N.J.S.A. 30:4C-15.1(a). However, the right of parents ... 366 , 378 (1995)). Termination of parental rights is governed by N.J.S.A. 30:4C-15.1(a). The legislation sets out a ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The statute demands ... problems that necessitated placing the child outside of the home. N.J.S.A. 30:4C-15.1(a)(3). The court must also ... W. , 419 N.J. Super. 568 , 580 (App. Div. 2011); N.J.S.A. 30:4C-12.1. Reasonable efforts include: (1) consultation and ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Contrary to both parents' ...

docket:	a4610-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	58838

4521 SOMA LABS, INC v. MANAVKUMAR G. SHAH -- rank: 813

... orders denying their motion for frivolous litigation sanctions pursuant to N.J.S.A. 1 We shall sometimes collectively refer to Shah and VitaCare ... fee-shifting under the New Jersey Trade Secrets Act (NJTSA), N.J.S.A. 56:15-1 to -9.2 We affirm. I. We ... the denial of defendants' motions for frivolous litigation sanctions under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The ... fair dealing, unjust enrichment, violation of the Computer System Act, N.J.S.A. 2A:38A-1 to -6, and misappropriation of trade secrets ... attorney under Rule 1:4-8 and against Soma under N.J.S.A. 2A:15-59.1. The backbone of defendants' frivolous litigation ... in the future.' R. 4:42-9(b) and (c). N.J.S.A. 2A:15-59.1(a)(1), which governs frivolous ...

docket:	a4685-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-13
status:	Unpublished
citation:
Document Size:	50141

4522 ROBERT TORRES v. BOARD OF TRUSTEES, STATE POLICE RETIREMENT SYSTEM -- rank: 813

... denying his application for accidental disability retirement benefits pursuant to N.J.S.A. 53:5A-10. We affirm. I. The Board does not ... all public retirement systems, the SPRS provides for both ordinary, N.J.S.A. 53:5A-9, and accidental, N.J.S.A. 53:5A-10, disability benefits. The principal difference between ordinary ... and of such an extent that he should be retired.' N.J.S.A. 53:5A-9(a). 'Essentially, a qualified member who is ... result of the performance of his regular or assigned duties.' N.J.S.A. 53:5A-10(a). Eligibility to collect accidental disability benefits ...

docket:	a0596-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-18
status:	Unpublished
citation:
Document Size:	55493

4523 STATE OF NEW JERSEY v. ANTHONY M. HARLEY -- rank: 813

... guilty of second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7. Harley was sentenced to a term of ... dangerous substance with intent to distribute within a school zone, N.J.S.A. 2C:35-7. Barlow was sentenced to a term of ... evidence in his defense, and to be represented by counsel." N.J.S.A. 2C:45-4; see State v. Reyes , supra , 207 N ... probation revocation proceedings must be "commenced" within the probationary period. N.J.S.A. 2C:45-3c; State v. Joseph , 238 N.J. Super ... 219 , 222, (App. Div. 1990) (noting that remedy afforded under N.J.S.A. 2C:45-3 must be exercised prior to expiration of ... proceedings tolls the probationary period until the proceeding is terminated. N.J.S.A. 2C:45-3c. (footnote omitted). What the statute does ...

docket:	a2938-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-05
status:	unpublished
citation:
Document Size:	58544

4524 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.B and R.G -- rank: 813

... or neglected his son, L.G., within the meaning of N.J.S.A. 9:6-8.21(c)(4). The trial court based ... abuse and neglect of L.G. by R.G. under N.J.S.A. 9:6-8.21 to -8.73. On August 28 ... that L.G.'s statement was reliable and admissible under N.J.S.A. 9:6- 8.46(a)(4) and that it evinced ... CORROBORATED BY COMPETENT, MATERIAL AND RELEVANT EVIDENCE AS REQUIRED UNDER N.J.S.A. 9:6-9.46(a)(4), THE ORDER FINDING ABUSE ... a similarly serious nature requiring the aid of the court. [N.J.S.A. 9:6-8.21(c)(4).] 'Whether a parent or ... P.W.R., 205 N.J. at 33); see also N.J.S.A. 9:6-8.46(a)(4). 'In general, corroborative ...

docket:	a2197-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-04
status:	Unpublished
citation:
Document Size:	29216

4525 A.K.S.,1 v. M.V.M -- rank: 813

... a complaint pursuant to the Prevention of Domestic Violence Act, N.J.S.A 2C:25-17 to -35, alleging plaintiff committed assault, harassment ... 2233-18 13 The judge made detailed findings under each N.J.S.A. 9:2-4(c) factor and concluded they preponderated in ... The judge also found defendant had demonstrated cause pursuant to N.J.S.A. 9:2-2 and proved it was in A.S ... in compensatory damages. After addressing the equitable distribution factors under N.J.S.A. 2A:34-23.1, the judge ordered, among other relief ... analysis that gives weight to the factors set forth in N.J.S.A. 9:2-4(c). [Hand v. Hand, 391 N.J ... 105 (App. Div. 2007) (citations omitted).] A-2233-18 45 N.J.S.A. 9:2-4(d) states: 'The court shall order ...

docket:	a2233-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	125890

4526 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.K. -- rank: 813

... her daughters, R.K. and N.K., in violation of N.J.S.A. 9:6-8.21c(4)(b), by "fail[ing] to ... against [M.K.] for failure to protect the children under N.J.S.A. 9:6-8.21(c)(4)(b). We note that ... by reason of the acts or omissions of the parent . . . ." N.J.S.A. 9:6-8.46a(2). C The passages from the ... a] child relating to any allegation[] of abuse or neglect." N.J.S.A. 9:6-8.46a(4). 3 The point is that ... The statute addressing evidence in an abuse and neglect hearing, N.J.S.A. 9:6-8.46, provides some guidance in determining whether ... child must be based on a preponderance of the evidence . . . ." N.J.S.A. 9:6-8.46b(1). And "only competent, material ...

docket:	a6327-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	105802

4527 HEATHER L. FUREY, ET AL. VS. VOORHEES TOWNSHIP ZONING BOARD OF ADJUSTMENT, ET AL. -- rank: 813

... challenged on appeal. On March 12, 2020, as required by N.J.S.A. 40:44D-, defendant Voorhees Township Zoning Board of Adjustment (the ... the website is insufficient to deem the notice defective. See N.J.S.A. 40:55D-11 and -12. A-2098-22 4 On ... that the driveway would promote or advance three purposes of N.J.S.A. 40:55D-2(a): (1) guide development in a manner ... of traffic to reduce congestion. Regarding the 'negative criteria' of N.J.S.A. 40:55D-70(d), Phillips further opined that the impact ... the proposed variance violated the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -65, and its goal of promoting ... a district restricted against such u se or principal structure.' N.J.S.A. 40:55D-70(d)(1). The burden on the ...

docket:	a2098-22
court:	appellate
decided:	2024-03-25
status:	Unpublished
citation:
Document Size:	54703

4528 Magnifico v. Rutgers Casualty Insurance Co. -- rank: 813

... provides a higher limit of coverage. The anti-stacking statute ( N.J.S.A. 17:28-1.1c. The clear and unmistakable purpose of ... was primary, but argued that the anti-stacking provision of N.J.S.A. 17:28-1.1c prevented Magnifico from collecting anything beyond ... which Magnifico is entitled, whether the anti-stacking provision of N.J.S.A. 17:28-1.1c limits that available coverage, and the ... insurance policy held by the person seeking that recovery" in N.J.S.A. 17:28-1.1e should be understood to "include a ... which is prescribed by the Commissioner of Insurance pursuant to N.J.S.A. 39:6A-23. The Guide's description of Uninsured/Underinsured ... Magnifico's argument implies that the anti-stacking provision of N.J.S.A. 17:28-1.1c does not preclude an insured ...

docket:	a-61-97
court:	njsupreme
decided:	1998-05-12
status:
citation:	153 N.J. 406
Document Size:	54904

4529 THE CONNECTICUT INDEMNITY COMPANY v. RICHARD PODESZWA, et al. -- rank: 813

... business use, such exclusionary language violates neither the requirements of N.J.S.A. 39:6B-1, nor the public policy of the State ... New Jersey Property Liability Insurance Guaranty Association Act (the Act). N.J.S.A. 17:30A-1 to -20. Pursuant to the terms of ... UM endorsement of the policy issued to them by Rutgers. N.J.S.A. 17:30A-12. Connecticut had issued to Anico, the truck ... that Connecticut's denial of coverage violated the provisions of N.J.S.A. 39:6B-1 (Omnibus Clause), as well as the public ... the Podeszwas once all other avenues for coverage were exhausted. N.J.S.A. 17:30A-12a. Thus, coverage under the UM policy issued ... to be exhausted before any PLIGA claim could be submitted. N.J.S.A. 17:30A-12b. Rutgers acknowledges that if the Connecticut ...

docket:	a5982-04
court:	njappellate
decided:	2007-04-27
status:	published
citation:	392 N.J. Super. 480
Document Size:	96618

4530 State v. Porfirio Jimenez -- rank: 813

... to form the requisite intent to commit the crime. See N.J.S.A. 2C:4-2 (mental disease or defect may negate required ... not know what he [or she] was doing was wrong.� N.J.S.A. 2C:4-1. �An insane person, unlike one suffering from ... a capital trigger under New Jersey's capital murder statute. N.J.S.A. 2C:11-3c. B. ����As noted above, every state considering ... purposely cause[] death or serious bodily injury resulting in death.� N.J.S.A. 2C:11-3a. If the jury decides that the defendant ... finding, the defendant cannot receive a sentence greater than life. N.J.S.A. 2C:11-3b, c; State v. Fortin , 178 N.J ... sentence without fact finding by a jury, alleging that under N.J.S.A. 2C:11-3b(1) thirty years served as a ...

docket:	a-50-05
court:	njsupreme
decided:	2006-10-24
status:
citation:	*CITE_PENDING*
Document Size:	80105