Search Rutgers Law Library N.J. Court Opinions

4621 MARCOS DE OLIVEIRA v. AUTO SPORT OF NEWARK CORP. -- rank: 813

... had a manufacturing defect under the Product Liability Act (PLA), N.J.S.A. 2A:58C- 1 to -11. During discovery, plaintiff served the ... three claims: design defect, manufacturing defect, and failure to warn. N.J.S.A. 2A:58C-2; see also Roberts v. Rich Foods, Inc ... must establish the product was 'designed in a defective manner.' N.J.S.A. 2A:58C-2(c). Further, A-2841-21 11 a ... Reynolds Tobacco Co., 121 N.J. 69, 95 (1990) (quoting N.J.S.A. 2A:58C-2). Accordingly, '[a] plaintiff must prove either that ... the class of persons for whom the product is intended . . . . [N.J.S.A. 2A:58C-3(a)(2).] Based on our review of ...

docket:	a2841-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-05
status:	Unpublished
citation:
Document Size:	33551

4622 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.G and S.N IN THE MATTER OF M.N a minor -- rank: 813

... P.W.R. , supra , 205 N.J. at 32 (quoting N.J.S.A. 9:6-8.46(b)). The statutory definition of an "abused or neglected child" consists of seven subparts. N.J.S.A. 9:6-8.21(c)(1)-(7). Although the court ... though offered financial or other reasonable means to do so . . . . [ N.J.S.A. 9:6-8.21(c)(4).] The finding that defendant ... a similarly serious nature requiring the aid of the court . . . . [ N.J.S.A. 9:6-8.21(c)(4).] Courts need not wait ... E.D.-O. , supra , 223 N.J. at 179 (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). This requires "'conduct ... the newborn's meconium. Id. at 22, 27-28 (citing N.J.S.A. 9:6-8.21(c)(4)(b)). As examples ...

docket:	a2241-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	72007

4623 IN THE MATTER OF THE PETITION OF ATLANTIC CITY ELECTRIC COMPANY -- rank: 813

... V. LAND & C.M. LIVESTOCK, L.L.C. PURSUANT TO N.J.S.A. 48:3-7. _______________________________________________ July 17, 2013 Argued April 15, 2013 ... the BPU with broad powers to regulate public utilities. See N.J.S.A. 48:2-13. The BPU's authority over sale, lease or other disposition of its property is explicit. N.J.S.A. 48:3-7(a) provides in pertinent part: [N]o ... or that the same was without jurisdiction of the board." N.J.S.A. 48:2-46. A. We first consider the developers' argument ... meaningful review of the petition as required by statute. See N.J.S.A. 48:3-7(a) ("[e]very sale . . . made in violation ... obtainable. We agree. The BPU has interpreted its authority under N.J.S.A. 48:3-7(a) as requiring a showing of ...

docket:	a5711-09
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-17
status:	Published
citation:
Document Size:	75150

4624 /usr/local/share/www/libweb/collections/courts/appellate/a5362-17.opn.html -- rank: 813

... salary. The judge then considered the factors set forth in N.J.S.A. 2A:34-23(a) and noted that because defendant was ... and 10) Any other factors the court may deem relevant. [N.J.S.A. 2A:34-23(a).] Child support awards are ordinarily calculated ... with a discretionary sum based on the considerations outlined in N.J.S.A. 2A:34- A-5362-17T4 12 23(a). Caplan v ... achieved by applying a series of factors set forth in N.J.S.A. 2A:34-23.1. A-5362-17T4 17 Thus, the ... not limited to, the sixteen statutory factors set forth in N.J.S.A. 2A:34-23.1. Carr v. Carr, 120 N.J ... p) Any other factors which the court may deem relevant. [N.J.S.A. 2A:34-23.1.] Thus, one factor the court ...

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4625 Ahn v. Kim -- rank: 813

... separate proceeding in March 1993, the Law Division, pursuant to N.J.S.A. 3B:27-6, declared Dr. Ahn legally dead as of ... obtained a declaration of Dr. Ahn's death pursuant to N.J.S.A. 3B:27-6.     Before submission of the case to the ... a wrongful-death action of a declaration of death under N.J.S.A. 3B:27-6 which provides:         The Superior Court may declare ... a nonresident shall affect only property located within the State.      N.J.S.A. 3B:27-1 provides:         A resident or nonresident of this ... of her husband, on introducing into evidence a declaration under N.J.S.A. 3B:27-1 of her husband's death, would be ...

docket:	a-98-95
court:	njsupreme
decided:	1996-07-18
status:
citation:	145 N.J. 423
Document Size:	55338

4626 In the Matter of Mildred Keri -- rank: 813

... behalf for any reason. On May 10, 2002, pursuant to N.J.S.A. 3B:12-25, petitioner sought guardianship of his mother and ... of the Public Guardian on Keri’s behalf pursuant to N.J.S.A. 52:27G-25h. Id . at 180. We granted Richard’s ... Guardianship Association of New Jersey. We now reverse. II. A. N.J.S.A. 3B:12-49 states, in pertinent part: The court has ... authorized to manage the estates of minors and incompetent persons. N.J.S.A. 3B:12-36 to –64. Under that scheme courts may ... that it is in the best interests of the ward. [ N.J.S.A. 3B:12-50.] Additionally, [i]f the estate is ample ... objects as the ward might have been expected to make. [ N.J.S.A. 3B:12-58.] In short, when managing the estates ...

docket:	a-70-02
court:	njsupreme
decided:	2004-08-05
status:
citation:	181 N.J. 50
Document Size:	67676

4627 STATE OF NEW JERSEY v. TERRENCE ECHOLS -- rank: 813

... or knowing murder, but he was convicted of felony murder, N.J.S.A. 2C:18-2, aggravated manslaughter, N.J.S.A. 2C:39-5, possession of a dangerous weapon for an unlawful purpose, N.J.S.A. 2C:39-4, making a false report to a police officer, N.J.S.A. 2C:18-2, and hindering apprehension, N.J.S.A. 2C:29-3. After all appropriate mergers, defendant was sentenced ...

docket:	A2377-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	published
citation:	398 N.J.Super. 192 941 A.2d 599
Document Size:	131961

4628 THOMAS POWERS v. TOWNSHIP OF MAHWAH -- rank: 813

... enjoin violations of the Township's zoning ordinance pursuant to N.J.S.A. 40:55D-18 because RMI appeared to be erecting buildings ... 2019 settlement agreement violated the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21. Mahwah approved the settlement after ...

docket:	a2302-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-16
status:	Unpublished
citation:
Document Size:	44552

4629 /usr/local/share/www/libweb/collections/courts/appellate/a0509-20.opn.html -- rank: 813

... indicted defendant and forty-four codefendants with: first-degree racketeering, N.J.S.A. 2C:41-2(c) and 2C:41-2(d) (count ... criminal activity, receiving stolen property and promoting organized street crime, N.J.S.A. 2C:5-2, 2C:20-4(a) and 2C:21 ... 25(a) (count two); second-degree leader of organized crime, N.J.S.A. 2C:5-2(g) (count three); first-degree financial facilitation of criminal activity (money laundering), N.J.S.A. 2C:21-25(a), 2C:21-25(b) or 2C ... 25(c) (count four); first-degree promoting organized street crime, N.J.S.A. 2C:33-30 (count five); second- degree theft by deception, N.J.S.A. 2C:20-4(a) and 2C:2-6 (count ...

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court:	NJ Superior Court Law/Chancery Division
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4630 STATE OF NEW JERSEY v. ORRIC B. MITCHELL -- rank: 813

... Mitchell challenges his conviction and sentence for second-degree eluding, N.J.S.A. 2C:29-2(b), and fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2). On appeal, he asserts numerous ... State v. Robinson , 165 N.J. 32 , 47. Pursuant to N.J.S.A. 2C:29-2(b), "there shall be a permissive inference ... of the Revised Statutes." Clearly, telling the jury that speeding ( N.J.S.A. 39:4-98), reckless driving ( N.J.S.A. 39:4-96), improper passing ( N.J.S.A. 39:4-85), failure to yield the lane ( N. ...

docket:	a4251-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-12
status:	unpublished
citation:
Document Size:	54920

4631 STATE OF NEW JERSEY v. SAMUEL K. DAVIS -- rank: 813

... because the first jury acquitted defendant of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2)—which requires ... 2012, defendant was charged by indictment with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2); third-degree possession ... of a weapon for an unlawful purpose (a golf club), N.J.S.A. 2C:39-4(d); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree possession of a weapon for an unlawful purpose (a knife), N.J.S.A. 2C:39-4(d); fourth-degree unlawful possession of a weapon (a golf club), N.J.S.A. 2C:39-5(d); and fourth-degree unlawful possession ...

docket:	a1142-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	65030

4632 Phyllis Sinclair v. Merck & Co., Inc. -- rank: 813

... that the PLA limits compensation to harm as defined by N.J.S.A. 2A:58C-1b(2), and reasoned that medical monitoring has ... by a claimant for harm caused by a product.” N.J.S.A. 2A:58C-1b(3). “Harm” is defined as “personal physical illness, injury or death.” N.J.S.A. 2A:58C-1b(2). Merck argues that the word â ... the definition of harm under our Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, does not include the remedy ... plaintiffs’ defective product claim; therefore, the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -106, does not provide an alternative ... cost of medical monitoring under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. 106 N.J. ...

docket:	a-117-06
court:
decided:	2008-06-04
status:
citation:	195 N.J. 51
Document Size:	92096

4633 RICHARD KOCHER v. UC OVERLOOK DEVELOPMENT, LLC -- rank: 813

... of redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-5. On July 29, 2003, Union City adopted a redevelopment plan pursuant to N.J.S.A. 40A:12A-7. Thereafter, after the Property had been declared ... legal fees for the filing of frivolous claims pursuant to N.J.S.A. 2A:15-59.1. On July 3, 2007, before the ... an order granting its costs and legal fees pursuant to N.J.S.A. 2A:15-59.1, on the ground that the Amended ... and costs in connection with the Amended Complaint pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The ... the Kochers pay attorney's fees and costs, "pursuant to N.J.S.A. 2A:15-59.1 and/or R. 1:4- ...

docket:	a2917-07
court:	superior court appellate division
decided:	2010-04-22
status:	unpublished
citation:
Document Size:	95078

4634 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:	56208

4635 In the Matter of Wilbur H. Mathesius, a Judge of the Superior Court of New Jersey -- rank: 813

... charged with first-degree aggravated sexual assault, in violation of N.J.S.A. 2C:14-2a, and second-degree sexual assault, in violation of N.J.S.A. 2C:14-2c. As a result, if convicted, the defendant faced a presumptive period of incarceration. See N.J.S.A. 2C:44-1d (describing presumption of imprisonment for first- and ... 8 which carries a maximum penalty of six months imprisonment, N.J.S.A. 2C:43-8, and a presumption of non-incarceration, N.J.S.A. 2C:44-1e. When the defendant rejected that plea offer ... disability or legal disadvantage based on conviction of a crime.” N.J.S.A. 2C:1-4b. Footnote: 9     Judge Mathesius later conceded ...

docket:	d-166-05
court:	njsupreme
decided:	2006-11-30
status:
citation:	*CITE_PENDING*
Document Size:	105791