Search Rutgers Law Library N.J. Court Opinions

1 Oches v. Middletown Twp. Police Dept. -- rank: 1000

... had been awarded attorney's fees, was in conflict with N.J.S.A. 40A:14-155, which specifically addresses the award of fees to a police ... award of counsel fees in disciplinary proceedings for police officers, N.J.S.A. 40A:14-155, does not preclude the Board from exercising its statutory powers ... circumstances that are not inconsistent with the legislative purpose of N.J.S.A. 40A:14-155. Since this is such a case, the Board's award ... is made to interpret them harmoniously. It is clear that N.J.S.A. 40A:14-155 does not authorize counsel fees to Oches, since that provision ... in conflict. There is no indication that the Legislature intended N.J.S.A. 40A:14-155 to deny reimbursement of fees to officers who prevail on ... Oches therefore does not undermine the legislative objective reflected in N.J.S.A. 40A:14-155. There is no conflict between the statutes on these ...

docket:	a-86-97
court:	njsupreme
decided:	1998-06-01
status:
citation:	155 N.J. 1
Document Size:	89906

2 ANTHONY CARUSO, et al. v. CITY OF NEWARK -- rank: 884

... police officers against the City pursuant to the provisions of N.J.S.A. 40A:14-155 seeking to recover legal fees for their defense of criminal ... on the trial court's application of the provisions of N.J.S.A. 40A:14-155. The following factual and procedural history is relevant to our ... charges filed against them, pursuant to the authority contained in N.J.S.A. 40A:14-155. On December 23, 2002, Gonzalez-Cardona filed a separate complaint ... of police powers in the furtherance of [their] official duties," N.J.S.A. 40A:14-155, because they involved allegations that the officers failed to perform ... of police powers in the furtherance of [their] police duties[,]" N.J.S.A. 40A:14-155, and he could not understand how he could consider the ... or her official duties, and that the 1986 amendment to N.J.S.A. 40A:14-155 was intended to preclude reimbursement for defense of charges ...

docket:	A2529-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-11
status:	unpublished
citation:
Document Size:	167782

3 IMMA APERUTA, Plaintiff v. LOUIS PIRRELLO -- rank: 714

... motion, finding that the Township owed Pirrello a defense under N.J.S.A. 40A:14-155. It is from that decision that the Township appeals. We ... of police powers in the furtherance of his official duties." N.J.S.A. 40A:14-155. Mindful of those criteria, the Law Division judge provided the ... of police powers in the furtherance of his official duties," N.J.S.A. 40A:14-155, [Pirrello] has shown by a preponderance that his communication "arose ... to avoid both transmission of AIDS and a violation of N.J.S.A. 40A:14-155 was amended in 1986 (the 1986 amendment). L. 1985, c ... officer was a defendant in a lawsuit, the Court construed N.J.S.A. 40A:14-155 to require a municipality to provide the officer with a ... reason to deny him a means for a defense under N.J.S.A. 40A:14-155. It claims instead that Pirrello's remarks about plaintiff ...

docket:	A1751-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-05
status:	published
citation:	381 N.J. Super. 449 886 A.2d 108
Document Size:	43885

4 BLOOMFIELD POLICE OFFICER MICHAEL MCCRACKEN and BLOOMFIELD POLICE OFFICER HECTOR CARTAGENA v. TOWNSHIP OF BLOOMFIELD -- rank: 699

... McCracken and Hector Cartagena attorneys' fees and costs pursuant to N.J.S.A. 40A:14-155. That statute permits an award of attorneys' fees to a ... Plaintiffs filed a cross-motion for counsel fees pursuant to N.J.S.A. 40A:14-155. In support of this motion, plaintiffs' attorneys submitted redacted billing ... The Township opposed plaintiffs' request for counsel fees, arguing that N.J.S.A. 40A:14-155 was inapplicable because plaintiffs' submission of military leave request forms ... furtherance of plaintiffs' official duties. The Township also asserted that N.J.S.A. 40A:14-155 did not apply to any fees and costs plaintiffs incurred ... for $214,147.50 in counsel fees and costs under N.J.S.A. 40A:14-155. The judge stated that "plaintiffs faced administrative charges for allegedly ... the Township was obligated to pay plaintiffs' counsel fees under N.J.S.A. 40A:14-155. As to the amount of the fees plaintiffs sought, ...

docket:	a4290-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-12
status:	Published
citation:
Document Size:	42016

5 H. LESLIE McCURRIE, et al. v. TOWN OF KEARNY (for discovery purposes and on Third Count), -- rank: 613

... a result of a complaint on behalf of the municipality.           [ N.J.S.A. 40A:14-155 (emphasis added).]     Although we have been unable to find any ... 134.1, the legislative history and the case law interpreting N.J.S.A. 40A:14-155 provides guidance. Prior to its amendment in 1986, N.J.S.A. 40A:14-155 required the governing body to defend an officer in a ... for his personal use, thereby prohibiting him from recovering under N.J.S.A. 40A:14-155. Id. at 186.     Although in this case Czech was not ... to both school board members and police officers, pursuant to N.J.S.A. 40A:14-155, respectively. In analyzing Matthews' argument, Judge Gruccio cited to Van ... 1979), where the Supreme Court, in considering the application of N.J.S.A. 40A:14-155, found:         [t]he terms of the statute itself evidence ...

docket:	a4978-98
court:	njappellate
decided:	2001-10-26
status:	published
citation:	344 N.J. Super. 470
Document Size:	48362

6 IN THE MATTER OF JOSEPH ISAACSON AND TOWNSHIP OF HARDYSTON -- rank: 597

... 2015 order, which awarded Isaacson attorney's fees pursuant to N.J.S.A. 40A:14-155. We reverse both orders. I. The procedural history and factual ... entered an order awarding Isaacson attorney's fees pursuant to N.J.S.A. 40A:14-155. The Township appealed both orders. We reversed PERC's appointment ... that Isaacson was not entitled to attorney's fees under N.J.S.A. 40A:14-155 because he was not acquitted of all charges. Id. at ... entered an order awarding Isaacson attorney's fees pursuant to N.J.S.A. 40A:14-155. II. On appeal, the Township argues that the judge erred ... the judge erred in awarding Isaacson attorney's fees under N.J.S.A. 40A:14-155. We agree. We determined the attorney's fee issue on ... charges, he was not entitled to attorney's fees under N.J.S.A. 40A:14-155. Reversed. 1 We decline to address Isaacson's responding ...

docket:	a5119-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-27
status:	unpublished
citation:
Document Size:	30984

7 JAMES PECK v. CITY OF HOBOKEN -- rank: 595

... plaintiff's application for attorneys' fees and costs pursuant to N.J.S.A. 40A:14-155. That statute permits an award of attorneys' fees to a ... filed a motion for attorneys' fees and costs pursuant to N.J.S.A. 40A:14-155. After oral argument, Judge Tolentino held that plaintiff's motion ... estoppel, and that such an award satisfied the requirements of N.J.S.A. 40A:14-155. By order of September 17, 2008, the judge ordered the ... the disciplinary charges. The judge found that the requirements of N.J.S.A. 40A:14-155 were satisfied, reasoning "that the [p]laintiff was in the ... City maintains that the award of attorneys' fees pursuant to N.J.S.A. 40A:14-155 was error because the existence of genuine issues of material ... of Rule 4:46-2." Ibid. The statute at issue, N.J.S.A. 40A:14-155, provides, in relevant part, that police officers who successfully ...

docket:	a1203-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-16
status:	unpublished
citation:
Document Size:	56340

8 JAMES MARJARUM v. TOWNSHIP OF HAMILTON, -- rank: 588

... order the Township to comply with the reimbursement provisions of N.J.S.A. 40A:14-155, (2) the statute mandates reimbursement where the police officer "substantially ... to his right to obtain counsel fees. The applicable statute, N.J.S.A. 40A:14-155. In a related context, we have held that an expungement ... The plaintiff then brought an action for counsel fees under N.J.S.A. 40A:14-155. The Law Division judge granted Trenton's motion for summary ... or a "determinat[ion] in favor of the . . . officer" under N.J.S.A. 40A:14-155. Neither our order nor the expungement of the records exonerated ... 2.12, and its interplay with the mandatory reimbursement statute, N.J.S.A. 40A:14-155. The Court determined that N.J.S.A. 40A:14-155 did not exhaust the situations or factual scenarios in ...

docket:	A0630-99
court:	NJ Superior Court Appellate Division
decided:	2000-12-26
status:	published
citation:	336 N.J. Super. 85
Document Size:	32307

9 /usr/local/share/www/libweb/collections/courts/appellate/a4180-12xx.opn.html -- rank: 579

... We next address the award of attorney's fees. 4 N.J.S.A. 40A:14-155 provides as follows: Whenever a member or officer of a ... he shall be reimbursed for the expense of his defense. [ N.J.S.A. 40A:14-155 (emphasis added).] To be entitled to reimbursement of attorney's ... charges, he or she is not entitled to reimbursement under N.J.S.A. 40A:14-155. See ibid. Because Isaacson was not acquitted of all disciplinary ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	29885

10 TOWNSHIP OF HARDYSTON - v. JOSEPH ISAACSON -- rank: 579

... We next address the award of attorney's fees. 4 N.J.S.A. 40A:14-155 provides as follows: Whenever a member or officer of a ... he shall be reimbursed for the expense of his defense. [ N.J.S.A. 40A:14-155 (emphasis added).] To be entitled to reimbursement of attorney's ... charges, he or she is not entitled to reimbursement under N.J.S.A. 40A:14-155. See ibid. Because Isaacson was not acquitted of all disciplinary ...

docket:	a3435-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-09
status:	unpublished
citation:
Document Size:	30985

11 CHIEF LOUIS MERCURO v. BOROUGH OF HALEDON -- rank: 574

... judge, seeking to recover counsel fees and costs, pursuant to N.J.S.A. 40A:14-155. Haledon opposed the motion. The motion was initially denied without ... found "the assessment of the propriety of [counsel] fees under N.J.S.A. 40A:14-155 necessitates factual determinations at trial." After a bench trial, presided ...

docket:	a1691-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	91530

12 PAUL NORMAN BOWER AND WILLS O'NEILL & MELLK VS BOARD OF ED OF EAST ORANGE -- rank: 565

... of or incidental to the performance of his duties." See N.J.S.A. 40A:14-155, police officers; N.J.S.A. 40A:14-117, county ... employer the right to be reimbursed his legal fees under N.J.S.A. 40A:14-155. The trial court, relying on our decision in Valerius v ... his duties and hence, was not within the scope of N.J.S.A. 40A:14-155.             However, the fact is that Valerius was found innocent of ... 84 N.J. at 596-97].     On January 15, 1986, N.J.S.A. 40A:14-155 was amended and now provides:         Whenever a member or officer ... and for "status charges. " (emphasis added)     Although the Legislature amended N.J.S.A. 40A:14-155 in reaction to Valerius and Moya , it did not amend ... 16-6 and 16-6.1 were closely related to N.J.S.A. 40A:14-155 as it was written and interpreted prior to amendment. " ...

docket:	a4836-93
court:	njappellate
decided:	1996-01-30
status:	published
citation:	287 N.J.Super. 15
Document Size:	56362

13 PAUL NORMAN BOWER AND WILLS O'NEILL & MELLK VS BOARD OF ED OF EAST ORANGE -- rank: 565

... of or incidental to the performance of his duties." See N.J.S.A. 40A:14-155, police officers; N.J.S.A. 40A:14-117, county ... employer the right to be reimbursed his legal fees under N.J.S.A. 40A:14-155. The trial court, relying on our decision in Valerius v ... his duties and hence, was not within the scope of N.J.S.A. 40A:14-155.             However, the fact is that Valerius was found innocent of ... 84 N.J. at 596-97].     On January 15, 1986, N.J.S.A. 40A:14-155 was amended and now provides:         Whenever a member or officer ... and for "status charges. " (emphasis added)     Although the Legislature amended N.J.S.A. 40A:14-155 in reaction to Valerius and Moya , it did not amend ... 16-6 and 16-6.1 were closely related to N.J.S.A. 40A:14-155 as it was written and interpreted prior to amendment. " ...

docket:	a6827-93
court:	njappellate
decided:	1996-01-30
status:	published
citation:	287 N.J.Super. 15
Document Size:	56362

14 JOSEPH ISAACSON v. PUBLIC EMPLOYMENT RELATIONS COMMISSION -- rank: 561

... entered an order awarding Isaacson attorney's fees pursuant to N.J.S.A. 40A:14-155. The Township appealed both orders. We reversed PERC's appointment ... was not entitled to attorney's fees and costs under N.J.S.A. 40A:14-155 because he was not acquitted of all charges. Id. at ...

docket:	a2991-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-27
status:	unpublished
citation:
Document Size:	44900

15 FESTUS SIAW v. DIOMEDES VALENZUELA -- rank: 556

... employer, defendant Township of Irvington (Irvington), for indemnification pursuant to N.J.S.A. 40A:14-155 in connection with his defense of a lawsuit against him ... Irvington to indemnify, reimburse and defend [] Valenzuela in accordance with N.J.S.A. 40A:14-155 relating to the claim of [] Siaw against [] Valenzuela." Schulz was ... was not entitled to indemnification and defense costs. He reviewed N.J.S.A. 40A:14-155 and the amendments to it made by the Legislature in ... found that Valenzuela was not entitled to indemnification pursuant to N.J.S.A. 40A:14-155. This appeal followed. II The resolution of this appeal must begin with an interpretation of N.J.S.A. 40A:14-155, which is the statutory basis for Valenzuela's claim for ... reimbursed for the expense of his defense. [ Id. (emphasis added).] N.J.S.A. 40A:14-155 was amended in 1986 to delete the phrase "arising ...

docket:	a1637-06
court:	NJ Superior Court Appellate Division
decided:	2009-03-16
status:	unpublished
citation:
Document Size:	60880