Search Rutgers Law Library N.J. Court Opinions

4606 DIVISION OF YOUTH AND FAMILY SERVICES v. D.P. -- rank: 813

... 161 N.J. at 347 (second alteration in original) (quoting N.J.S.A. 30:4C-1(a)). "Parental rights, though fundamentally important, are ... the child's best interest to preserve the family unit . . . ." N.J.S.A. 30:4C-1(a). The Court has "consistently imposed strict ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The statute requires that the ... progress, development and health; and (4) facilitating appropriate visita-tion. [ N.J.S.A. 30:4C-15.1(c).] This prong of the "best ... the Division "made reasonable efforts to provide services" to defendant. N.J.S.A. 30:4C-15.1(a)(3). Because defendant's substance ... that was tantamount to "explicit bias." The fourth prong of N.J.S.A. 30:4C-15.1(a) does not "require a ...

docket:	a5658-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	unpublished
citation:
Document Size:	75363

4607 STATE OF NEW JERSEY v. M.L.B. -- rank: 813

... not guilty by reason of insanity (NGRI) of attempted murder, N.J.S.A. 2C:5-1(a)(3) and N.J.S.A. 2C:11-3 (a)(1), and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4 (a)(1). M.L.B. also was ... was then scheduled for an initial Krol review pursuant to N.J.S.A. 2C:4-8(b)(3). The Krol judge who had ... Cross v. Harris, 418 F.2d 1095, 1100-01 (1969)). N.J.S.A. 30:4-27.2(h) defines danger to self as ... or cause serious property damage within the reasonably foreseeable future.' N.J.S.A. 30:4-27.2(i). The required review for ...

docket:	a0742-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-06
status:	Unpublished
citation:
Document Size:	34310

4608 Wilman Pinto and Alvaro Vasquez v. Spectrum Chemicals -- rank: 813

... in fee-shifting cases under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -184. In Coleman v. Fiore Bros ... particular cases arising under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, and the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Defendant in this case, along ... signed, public-interest counsel sought attorneys' fees under CFA provision N.J.S.A. 56:8-19, which allows for the award of reasonable ... an "ascertainable loss." Coleman , supra , 113 N.J. at 607; N.J.S.A. 56:8-19. Counsel asserted that "she had been unable ... in a number of statutory schemes, such as the LAD, N.J.S.A. 10:5-27.1, CEPA, N.J.S.A. ...

docket:	a-94-08
court:	supreme
decided:	2010-01-21
status:
citation:	200 N.J. 580 985 A.2d 1239
Document Size:	105961

4609 State v. Lixandra Hernandez -- rank: 813

... degree conspiracy to distribute more than five ounces of cocaine, N.J.S.A. 2C:5-2; first-degree distribution of more than five ounces of cocaine, N.J.S.A. 2C:35-5(a)(1), (b)(1), (c), and N.J.S.A. 2C:2-6; second-degree distribution of cocaine within 500 feet of a public park, N.J.S.A. 2C:35-7.1 and N.J.S.A. 2C:2-6; and third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1) and N.J.S. ...

docket:	A-39-14
court:	NJ Supreme Court
decided:	2016-06-28
status:
citation:	225 N.J. 451 139 A.3d 46
Document Size:	88330

4610 Daniel Prado v. State of New Jersey, New Jersey Department of Labor, etc.,et al. -- rank: 813

... defense to a state employee who requests representation pursuant to N.J.S.A . 59:10A-1 unless the Attorney General determines that it ... not that one of the three exceptions set forth in N.J.S.A . 59:10A-2 applies; if the Attorney General denies the ... Attorney General’s duty to defend is set forth in N.J.S.A 59:10A-1. Under that statutory scheme, an employee’s ... defense to a state employee who requests representation pursuant to N.J.S.A . 59:10A-1 unless the Attorney General determines that it ... not that one of the three exceptions set forth in N.J.S.A 59:10A-2 applies; if the Attorney General denies the ... Discrimination and the Conscientious Employee Protection Act. In accordance with N.J.S.A. 59:10A-1, the employee requested that the Attorney ...

docket:	a-33-05
court:	njsupreme
decided:	2006-05-08
status:
citation:	*CITE_PENDING*
Document Size:	56250

4611 /usr/local/share/www/libweb/collections/courts/appellate/a5820-17.opn.html -- rank: 813

... life imprisonment. Pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, defendant must serve nearly sixty- four ... sentence beyond the thirty-year mandatory-minimum prison term. See N.J.S.A. 2C:11-3(b)(1). Defendant's contentions are unavailing ... with five years of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6(c), for the unlawful possession of a ... most weight' to aggravating factor nine (general and specific deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and (9). Finding no mitigating factors, N.J.S.A. 2C:44-1(b), the court was 'clearly convinced that ... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), it 'may impose ...

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4612 STATE OF NEW JERSEY v. J.P.B. -- rank: 813

... 03-0120, first-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(b)(3), (count one) and second-degree sexual assault, N.J.S.A. 2C:14 2(b), (count three). 1 In the same ... No. 07 06 0230 of first-degree aggravated sexual assault, N.J.S.A. 2C:14 2(a)(1), (count one) and second-degree child endangering, N.J.S.A. 2C:24-4(a), (count two). On January 25, 2011 ... Early Release Act (NERA) eighty-five percent parole ineligibility. See N.J.S.A. 2C:43 7.2. A concurrent term of eight years ... When sentencing defendant, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk defendant would ...

docket:	a1349-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	53798

4613 JOSEPH J. POTENA v. STATE OF NEW JERSEY BOARD OF PUBLIC UTILITIES -- rank: 813

... against an employee because the employee" engages in protected activity. N.J.S.A. 34:19-3; accord Donelson , supra , slip op. at 26 ... against an employee in the terms and conditions of employment." N.J.S.A. 34:19-2(e). Thus, employer actions affecting the terms ... rights statute, like the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and Title VII of the ... 40-2(a). Affirmed. 1 Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. 2 Plaintiff filed his complaint ... acts to those affecting the terms and conditions of employment, N.J.S.A. 34:19-2(e), its reach is not as broad ...

docket:	a3210-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-14
status:	unpublished
citation:
Document Size:	62476

4614 /usr/local/share/www/libweb/collections/courts/appellate/a3688-15.opn.html -- rank: 813

... pursuant to the New Jersey Tenure Employees Hearing Law (NJTEHL), N.J.S.A. 18A:6-10 to -18.1, based on incapacity. On ... to collect and/or record student immunizations. These deficiencies violated N.J.S.A. 26:1A-10 and N.J.A.C. 8:52 ... office in complete disarray and discovered numerous deficiencies that violated N.J.S.A. 18A:40-4 and N.J.A.C. 6A:16 ... January 15, 2015 incident. He rejected Costello's argument that N.J.S.A. 18A:16-2 required a psychiatrist to perform an examination ... instead of a medical doctor's report, in violation of N.J.S.A. 18A:16-2, N.J.S.A. 18A:16-3, and N.J.A.C. 6A: ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	42579

4615 /usr/local/share/www/libweb/collections/courts/appellate/a2235-12.opn.html -- rank: 813

... year-old defendant with two counts of first-degree robbery, N.J.S.A. 2C:15-1 (counts one and two); first-degree use ... person seventeen years old or younger to commit a crime, N.J.S.A. 2C:24-9 (count three); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count four); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count six); third-degree terroristic ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	51239

4616 STATE OF NEW JERSEY v. L.H. -- rank: 813

... H. with second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (Count One), and second-degree sexual assault, N.J.S.A. 2C:14-2c(4) (Count Two). Following an unsuccessful motion ... S FINDING THAT THE PRESUMPTION OF NON-INCARCERATION FOUND IN N.J.S.A. 2C:44-1E WAS OVERCOME We have considered the points ... instant message log was inadmissible under the Rape Shield Law, N.J.S.A. 2C:14-7, because it related to prior sexual conduct ... exclude evidence relating to a victim's prior sexual conduct. N.J.S.A. 2C:14-7(a). A defendant seeking to introduce such ... or when the evidence could negate the element of force. N.J.S.A. 2C:14-7(c), (d); State v. Budis , 125 ...

docket:	a3512-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-09
status:	unpublished
citation:
Document Size:	44690

4617 DIVISION OF YOUTH AND FAMILY SERVICES v. M.D.C. and R.C. -- rank: 813

... Before addressing the statutory factors governing termination set forth in N.J.S.A. 30:4C-15.1(a) to (d), the court observed ... D) DYFS SHOULD NOT HAVE PREVAILED ON PRONG FOUR OF N.J.S.A. 30:4C-15.1A [sic] BECAUSE IT DID NOT PROVE ... at 108, each of the four factors set forth in N.J.S.A. 30:4C-15.1(a), namely that: (1) The child ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1) to (4).] These four ... The second prong of the best interest analysis codified in N.J.S.A. 30:4C-15.1(a)(2) focuses on "determining whether ... custody, thus "add[ing] to the harm" to the child. N.J.S.A. 30:4C-15.1(a)(2). Other than their ...

docket:	a5579-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-09
status:	Published
citation:
Document Size:	65448

4618 ARCH FINANCIAL SERVICES INC v. CHARLES W. GEYER -- rank: 813

... the relevant provisions of the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34, upon which plaintiffs' claims were ... release, lease, and creation of a lien or other encumbrance." N.J.S.A. 25:2-22. Further, the statute defines fraudulent transfer as ... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25.] In determining whether the debtor acted with ... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] In an action alleging a fraudulent transfer ... Cir. 1991)). A fraudulent transfer may also be established under N.J.S.A. 25:2-27, "designed to protect creditors whose claims arose ... 272 N.J. Super. 398 , 404 (App. Div. 1994). Although N.J.S.A. 25:2-25 requires actual intent to defraud, N. ...

docket:	a2332-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-10-10
status:	Published
citation:
Document Size:	54730

4619 HERIBERTO CABALLERO-GONZALEZ v. HARCO NATIONAL INSURANCE COMPANY -- rank: 813

... garaged in this State shall maintain automobile liability insurance coverage.' N.J.S.A. 39:6A-3 (emphasis added); see N.J.S.A. 39:6A-3.1, -3.3(b); N.J.S.A. 39:6B- 1. Similarly, '[e]very owner or registrant of ... principally garaged in this State shall maintain uninsured motorist coverage. N.J.S.A. 39:6A-14 (emphasis added); see N.J.S.A. 17:28-1.1. It is not disputed the Cadillac was principally garaged in New Jersey. 'The language of N.J.S.A. 39:6A-3, read literally, would require any owner ...

docket:	a0875-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	unpublished
citation:
Document Size:	64590

4620 A-0A-1898-14T3 OF CHILD PROTECTION AND PERMANENCY v. C.V. and J.R IN THE MATTER OF K.R., J.R., T.R., S.R B.R A.R., S.J.R., G.R P.F.R L.D.R. and T.R NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.V. and J.R and A.A IN THE MATTER OF -- rank: 813

... Division conducted emergency removals of all their children pursuant to N.J.S.A. 9:6-8.29. The next day the Division filed ... fit the definition of a parent or guardian contained in N.J.S.A. 9:6-8.21(a) because she is "in effect ... permitted application of the statutory presumption of abuse contained in N.J.S.A. 9:6-8.46(a)(2), 6 and the class ... serious injury inflicted upon them by other than accidental means." N.J.S.A. 9:6-8.8. As explained in Title Nine itself ... the three oldest children with their parents. B Pursuant to N.J.S.A. 9:6-8.32, after a parent whose child has ... imminent risk to the child's life, safety or health." N.J.S.A. 9:6-8.32. Under N.J.S.A. ...

docket:	a1210-14
court:	NJ Superior Court Appellate Division
decided:	2013-03-19
status:	unpublished
citation:
Document Size:	61626