Search Rutgers Law Library N.J. Court Opinions

5026 THE DAILY JOURNAL v. POLICE DEPARTMENT CITY OF VINELAND, et al. -- rank: 812

... public records pursuant to the Right-to-Know Law (RTKL), N.J.S.A. 47:1A-1 to -4, and that, under the common ... denied the application. I     Under the Right-to-Know Law, N.J.S.A. 47:1A-1 to -4, "New Jersey citizens have an ... N.J. 446 , 453 (1996) (quoting See footnote 2 2 N.J.S.A. 47:1A-2. That definition of public records should be ... Law Div. 1990) (same).     We reject plaintiff's contention that N.J.S.A. 40:48-6 and N.J.S.A. 40A:14-118 require that police reports be made, maintained or kept on file by law enforcement officials. N.J.S.A. 40:48-6 merely provides how, when a town ...

docket:	A0826-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-17
status:	published
citation:	351 N.J. Super. 110 797 A.2d 186
Document Size:	61323

5027 State v. Randi Fleischman -- rank: 812

... how to construe the term “statement” in subsection a. of N.J.S.A. 2C:21-4.6 to ascertain whether defendant Randi Fleischman ... jury indicted Fleischman, charging her with second-degree insurance fraud, N.J.S.A. 2C:21-4.6. That third-degree offense may be ... 1983, the Legislature passed the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -14. In 2003, the Legislature added ... insurance fraud to the Code of Criminal Justice. Pursuant to N.J.S.A. 17:33A-4. In Merin v. Maglaki , 126 N.J ... which JUSTICE ALBIN joins, concluding that the Legislature, in enacting N.J.S.A . 2C:21-4.4 to -4.7, did not intend ... statement of material fact in connection with an insurance claim. N.J.S.A. 2C:21-4.6. That third-degree offense may ...

docket:	a-4-06
court:	njsupreme
decided:	2007-03-19
status:
citation:	189 N.J. 539
Document Size:	52869

5028 MATTHEW T. RINALDO v. JOSEPH A. SCHAAD -- rank: 812

... for arbitration on the New Jersey Construction Lien Law (CLL), N.J.S.A. 2A:44A-1 to -38. On March 2, 2005, plaintiff ... contract, and viola­tion of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -106, including a demand for treble ... believe the New Home Warranty and Builders' Registration Act (Act), N.J.S.A. 46:3B-1 to -20, applied because this was a ... of the statute only authorizes courts to treble CFA damages, N.J.S.A. 56:8-19. Defendants urge that their decision to withdraw ... that it was an issue reserved to the courts under N.J.S.A. 56:8-19, a claim­ant seeking to confirm a ... file a Notice of Unpaid Balance—Right to File Lien. N.J.S.A. 2A:44A-3, -21 (b)(1). In so doing, "[ ...

docket:	a3788-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-25
status:	unpublished
citation:
Document Size:	57035

5029 United Jersey Bank v. Dir, Div of Taxation -- rank: 812

... tax case, arising under the Clean Communities and Recycling Act, N.J.S.A. 13:1E-92 et seq. , plaintiff, United Jersey Bank, challenges ... retail sales of "litter-generating products" which are taxable under N.J.S.A. 13:1E-99.1. The parties have stipulated the facts ... checks and deposit slips are "paper products" as designated in N.J.S.A. 13:1E-94e.(12) and, as such, constitute legislatively defined ... constituted taxable activities in accordance with the litter tax statute. N.J.S.A. 13:1E-99.1a.; N.J.A.C. 18:38 ... New Jersey." N.J.A.C. 18:38-1.2. N.J.S.A. 13:1E-99.1 imposes the tax on the sale ... ales for ultimate consumption or any purpose other than resale. N.J.S.A. 13:1E-94e defines "litter-generating products" as follows: " ...

docket:	02791-90
court:
decided:	1992-07-20
status:
citation:	12 N.J. Tax 516
Document Size:	81958

5030 STATE OF NEW JERSEY v. JAHNELL WEAVER -- rank: 812

... by a jury, defendant, Jahnell Weaver, was convicted of murder, N.J.S.A. 2C:11-3(a)(1), (2) (count one); attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1), (2) (count two); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count three); third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2) (count four); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); third-degree unlawful ...

docket:	a3274-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-12
status:	unpublished
citation:
Document Size:	83213

5031 THOMAS BAGLINI, et al. v. FRANK LAULETTA and UNIVERSITY EXECUTIVE CAMPUS, INC., -- rank: 812

... advantage and business relations, fees under the frivolous complaint statute, N.J.S.A. 2A:15-59.1, and civil conspiracy. UEC and Lauletta ... emotional distress, and the filing of a frivolous lawsuit under N.J.S.A. 2A:15-59.1. Plaintiffs sought punitive and compensatory damages ... product liability case governed by the Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -7, bifurcated trials are required pursuant to N.J.S.A. 2A:58C-5b See footnote 6 6 which provided:         The ... effective date (October 27, 1995) of the Punitive Damage Act, N.J.S.A. 2A:15-5.9 to -5.17, which provides:             a ... shall determine if a defendant is liable for punitive damages.         [ N.J.S.A. 2A:15-5.13.] Consequently, in the event the ...

docket:	A0907-98
court:	NJ Superior Court Appellate Division
decided:	2001-03-30
status:	published
citation:	338 N.J. Super. 282
Document Size:	63587

5032 State of New Jersey v. Anthony Ways -- rank: 812

... shooter. Anthony Ways was convicted of murder, in violation of N.J.S.A. 2C: 11-3a, felony murder, in violation of N.J.S.A. 2C: 11-3a(3), first degree armed robbery, in violation of N.J.S.A. 2C: 15-1, second-degree possession of a handgun for an unlawful purpose, in violation of N.J.S.A. 2C: 39-4a, and third-degree unlawful possession of a handgun without a permit, in violation of N.J.S.A. 2C: 39-5b. Ways was sentenced to a term of ... Indictment No. 378-1-90 with murder, in violation of N.J.S.A. 2C:11-3a (count one); felony murder, in violation ...

docket:	a-23-03
court:
decided:	2004-06-22
status:
citation:	180 N.J. 171 850 A.2d 440
Document Size:	135983

5033 LEONARD ROTHENBERG v. TOWNSHIP OF LONG BEACH -- rank: 812

... Jersey as wetlands pursuant to the Wetlands Act of 1970 ( N.J.S.A. 13:9A-1 [to -10]) shall be included in calculating ... decision. The trial judge concluded that plaintiffs presented "a classic [ N.J.S.A. 40:55D-70](c)(1) variance application[,] given the topographical ... purpose of deciding whether plaintiffs satisfied the negative criteria under N.J.S.A. 40:55D-70 with respect to fire and emergency vehicle ... Township and Board first argue that plaintiffs lacked standing under N.J.S.A. 40:55D-70 to apply for a variance because they ... J. 398 , 417-18 (1991). The Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163, authorizes local boards of adjustment ... exceptional and undue hardship upon, the developer of such property." N.J.S.A. 40:55D-70(c)(1) (emphasis added). The statute ...

docket:	a4431-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	86045

5034 Terry Kuchera v. Jersey Shore Family Health -- rank: 812

... health care facility is entitled to charitable immunity pursuant to N.J.S.A. 2A:53A-7, or the limited liability afforded to nonprofit entities organized exclusively for hospital purposes pursuant to N.J.S.A. 2A:53A-8. On Saturday, March 7, 2009, plaintiff attended ... to the absolute immunity conferred on certain charitable organizations by N.J.S.A. 2A:53A-7, and dismissed plaintiff’s complaint with prejudice ... a hospital, defendants also provide the beneficial services listed in [ N.J.S.A. 2A:53A-7] and are, therefore, not engaged solely in ... organized exclusively for hospital purposes. 1. The Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (CIA or the Act), provides ... cap on damages from liability for negligence rather than immunity. N.J.S.A. 2A:53A-7 to -13.1. (pp. 9-10). ...

docket:	A-60-13
court:	NJ Supreme Court
decided:	2015-03-31
status:
citation:	221 N.J. 239 111 A.3d 84
Document Size:	74837

5035 STATE OF NEW JERSEY v. JERMAINE MOSS -- rank: 812

... following charges: third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-7, (count three); fourth-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-7, (count five). Before the verdict was entered ... Moss to be subject to a mandatory extended term under N.J.S.A. 2C:43-7. The court merged count one and count ... he is certainly rehabilitatable. The mandatory extended term provisions of [ N.J.S.A. 2C:43-6f, the repeat drug offender statute. The statute ... imposed by the court or three years, whichever is greater . . . . [ N.J.S.A. 2C:43-6f.] Moss was convicted of second-degree possession of a controlled dangerous substance with intent to distribute. N.J.S.A. 2C:43-6f is mandatory. Under that provision, "the ...

docket:	a5086-02
court:	njappellate
decided:	2005-10-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	99096

5036 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES' INSTITUTIONAL ABUSE INVESTIGATION UNIT v. S.P -- rank: 812

... the health and welfare of E.V. were unfounded under N.J.S.A. 9:6-8.21. Nevertheless, the report indicated that S ... Injurious to Health and Welfare was unfounded in accordance with N.J.S.A. 9:6-8.21. However, some information obtained during the ... indicated that the allegations against G.W. were unfounded under N.J.S.A. 9:6-8.21 but that G.W.'s "actions ... shall be necessary to insure the safety of the child." N.J.S.A. 9:6-8.11. Under N.J.S.A. 9:6-8.10 and -8.11, DCF "has the ... notify the school district and the employee of its findings." N.J.S.A. 18A:6-7a. " N.J.S.A. 18:6- ...

docket:	a4807-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-27
status:	Published
citation:
Document Size:	60401

5037 MADELINE MUISE,et al. v. GPU, INC. -- rank: 812

... fraud, negligent misrepresentation, violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and strict product liability.     On ... an "ascertainable loss of moneys or property, real or personal." N.J.S.A. 56:8-19. In contrast, to establish a cause of ...

docket:	A2491-03
court:	NJ Superior Court Appellate Division
decided:	2004-07-08
status:	published
citation:	371 N.J. Super. 13 851 A.2d 799
Document Size:	131236

5038 Raleigh Avenue Beach Association v. Atlantic Beach Club, Inc.,et al. -- rank: 812

... issued pursuant to the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21. The CAFRA permit related to ... beach. Atlantis recognizes that as a “place of public accommodation,” N.J.S.A. 10:5-5 l , under the Law Against Discrimination, N.J.S.A. 10:5-1 to -42, it must provide membership opportunities ... ing] residential development, commercial development, industrial development, and public development.” N.J.S.A. 13:19-5, 19-5.2, 19-5.3).     The ... 7E-3.22(a) (effective February 3, 1986); see also N.J.S.A. 13:19-3 (adopting DEP definition with non-substantive changes ...

docket:	a-40-04
court:	njsupreme
decided:	2005-07-26
status:
citation:	185 N.J. 40
Document Size:	90880

5039 STATE OF NEW JERSEY v. KHALIF PADEN -- rank: 812

... indictment with second-degree conspiracy to commit carjacking and robbery, N.J.S.A. 2C:5-2, 2C:15-2, 2C:15-1 (count one); first-degree carjacking, N.J.S.A. 2C:15-2 (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2) (count four); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count five); second-degree possession of ... handgun with the purpose to use it unlawfully against another, N.J.S.A. 2C:39-4(a) (count six); third-degree receiving ...

docket:	a4049-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-26
status:	Unpublished
citation:
Document Size:	47636

5040 OF YOUTH AND FAMILY SERVICES v. M.M. IN THE MATTER OF THE GUARDIANSHIP OF N.E A Minor -- rank: 812

... by clear and convincing evidence, all of the criteria in N.J.S.A. 30:4C-15.1(a) for termination of M.M ... safety and development have been harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). M.M. also does ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). II. We turn first ... the home and considered alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). M.M. does not ... child's kinship legal guardian. The Kinship Legal Guardianship Act, N.J.S.A. 3B:12A-1 to -7, became effective on January 1 ... an alternative, permanent legal arrangement for children and their caregivers." N.J.S.A. 3B:12A-1. Under the Act, the court is ...

docket:	a0435-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	36578