Search Rutgers Law Library N.J. Court Opinions

1 MARIA AZZARO v. BOARD OF EDUCATION OF THE CITY OF TRENTON -- rank: 1000

... initiation of the proceeding, unlike the procedure set forth in N.J.S.A. 18A:16-6.1, which provides that an employee cannot seek reimbursement of defense ... and was independent of the outcome. On the other hand, N.J.S.A. 18A:16-6.1 provides defense costs only when the criminal or quasi-criminal ... Trenton, 221 N.J. 192 (2015). The Board further argues N.J.S.A. 18A:16-6.1 is not applicable because there were no criminal or quasi ... J.S.A. 18A:16-6 and its criminal counterpart, N.J.S.A. 18A:16-6.1. N.J.S.A. 18A:16-6, in pertinent part ... cover all such damages, losses and expenses. [3] [(emphasis added).] N.J.S.A. 18A:16-6.1, in turn, provides for reimbursement of defense costs and expenses ... board employeeā€”unlike the companion criminal part of the statute, N.J.S.A. 18A:16- 6.1. Moreover, petitioners' argument that N.J.S.A. 18A: ...

docket:	a0188-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Published
citation:
Document Size:	41063

2 Board of Education of the Borough of Florham Park v. Utica Mutual Insurance Company and Selective Insurance Company -- rank: 977

... in force when Ford was acquitted. Meeker held that under N.J.S.A. 18A:16-6.1 the triggering even for insurance coverage is an acquittal or ... because both policies incorporate by reference the statutory language in N.J.S.A 18A:16-6.1 and related provisions, and applying Bower v. Board of Education ... Thereafter, he demanded that the Board reimburse him pursuant to N.J.S.A. 18A:16-6.1 for $487,831.08 in counsel fees and expenses incurred ... the Policy applies to the obligations imposed upon you by N.J.S.A. 18A:16-6.1. Nonetheless, the court felt bound by Meeker Sharkey Associates, Inc ... Super. 354 , 358 (App. Div. 1986), which held that under N.J.S.A. 18A:16-6.1 the triggering event for insurance coverage is an acquittal or ... Finally, the panel concluded that the “final disposition” language of N.J.S.A. 18A:16-6.1 does not address the triggering event for coverage, but ...

docket:	a-60-01
court:	njsupreme
decided:	2002-06-13
status:
citation:	172 N.J. 300
Document Size:	45690

3 L.A. v. Board of Education of the City of Trenton -- rank: 944

... duties of the school board employee. The criminal indemnification statute, N.J.S.A. 18A:16-6.1, requires a disposition of the criminal charges in favor of ... his or her employment duties. Thus, the criminal indemnification statute, N.J.S.A. 18A:16-6.1, is not relevant. (pp. 14-15) 3. Here, the ALJā ... read collectively and are complementary.ā€¯ The panel noted that N.J.S.A. 18A:16-6.1 requires a favorable outcome in criminal and quasi-criminal proceedings ... Division improperly imported the requirement under the criminal indemnification statute, N.J.S.A. 18A:16-6.1 -- that he must show that he received a favorable outcome ... incorrectly conflated N.J.S.A. 18A:16-6 and N.J.S.A. 18A:16-6.1, the civil indemnification statute still requires that the underlying conduct ... duties of the school board employee. The criminal indemnification statute, N.J.S.A. 18A:16-6.1, requires a disposition of the criminal charges in favor ...

docket:	A-59-13
court:	NJ Supreme Court
decided:	2015-03-25
status:
citation:	221 N.J. 192 110 A.3d 914
Document Size:	68212

4 PAUL NORMAN BOWER AND WILLS O'NEILL & MELLK VS BOARD OF ED OF EAST ORANGE -- rank: 919

... of those criminal charges. For the first time we construe N.J.S.A. 18A:16-6.1, "Indemnity of officers and employees in certain criminal actions," in ... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1. The Commissioner referred the matter to the Office of Administrative ... determined that Bower could not establish the nexus required by N.J.S.A. 18A:16-6.1, that the conduct alleged in the charges against him arose ... a "final disposition in favor" of Bower as required by N.J.S.A. 18A:16-6.1. The Commissioner of Education adopted the A.L.J.'s ... footnote 2 III     Bower claims entitlement to indemnification pursuant to N.J.S.A. 18A:16-6.1, which states:             Should any criminal action be instituted against any ... and expenses.         [(emphasis added).]     On appeal, all parties agree that N.J.S.A. 18A:16-6.1, read in conjunction with N.J.S.A. 18A: ...

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

5 PAUL NORMAN BOWER AND WILLS O'NEILL & MELLK VS BOARD OF ED OF EAST ORANGE -- rank: 919

... of those criminal charges. For the first time we construe N.J.S.A. 18A:16-6.1, "Indemnity of officers and employees in certain criminal actions," in ... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1. The Commissioner referred the matter to the Office of Administrative ... determined that Bower could not establish the nexus required by N.J.S.A. 18A:16-6.1, that the conduct alleged in the charges against him arose ... a "final disposition in favor" of Bower as required by N.J.S.A. 18A:16-6.1. The Commissioner of Education adopted the A.L.J.'s ... footnote 2 III     Bower claims entitlement to indemnification pursuant to N.J.S.A. 18A:16-6.1, which states:             Should any criminal action be instituted against any ... and expenses.         [(emphasis added).]     On appeal, all parties agree that N.J.S.A. 18A:16-6.1, read in conjunction with N.J.S.A. 18A: ...

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

6 JOSEPH C. PARLAVECCHIO et al. v. STATE-OPERATED SCHOOL DISTRICT CITY OF NEWARK -- rank: 919

... Newark seeking a judgment by way of reimbursement pursuant to N.J.S.A. 18A:16-6.1 for "legal fees and costs to defend . . . federal and state ... civil action complaint is equally meritless. The statute at issue, N.J.S.A. 18A:16-6.1, is manifestly a provision of the school laws, over which ... 1997). Persons affected by a decision regarding the application of N.J.S.A. 18A:16-6.1 may not defeat the presumptively valid time requirement of N ... argument. See Kaprow , supra , 131 N.J. at 583-86. N.J.S.A. 18A:16-6.1 provides for the reimbursement of employees' legal costs in respect ... 149 N.J. 416 (1997), the Supreme Court recognized that N.J.S.A. 18A:16-6.1 refers back to N.J.S.A. 18A:16-6: N.J.S.A. 18A:16-6.1, read in connection with the complimentary provisions of N. ...

docket:	a6634-04
court:	njappellate
decided:	2007-01-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	53584

7 Chasin v. Montclair State University -- rank: 878

... indemnity in civil actions for members of boards of education); N.J.S.A. 18A:16-6.1 (indemnity for local school officials and employees in criminal actions ...

docket:	a-161-97
court:	njsupreme
decided:	1999-06-02
status:
citation:	159 N.J. 418
Document Size:	97874

8 BOARD OF EDUCATION BOROUGH OF FLORHAM PARK, Plaintiff v. UTICA MUTUAL INSURANCE COMPANY, -- rank: 872

... the Borough of Florham Park (Board) for its liability under N.J.S.A. 18A:16-6.1. Utica asserts that coverage is available only under a policy ... required to pay, pursuant to responsibility of the Board under N.J.S.A.  18A:16-6.1, $487,831.08, in counsel fees and expenses Ford incurred ... acquittal, Ford filed a claim with the Board pursuant to N.J.S.A. 18A:16-6.1 for reimbursement of his counsel fees and expenses in successfully ... the Policy applies to the obligations imposed upon you by N.J.S.A. 18A:16-6.1 the potential triggering of liability occurred with the filing of ... responsible for indemnifying the Board for its liability pursuant to N.J.S.A. 18A:16-6.1, which provides:         Should any criminal action be instituted against any ... case here and that Ford is entitled to reimbursement under N.J.S.A. 18A:16-6.1. The dispute is between two insurance carriers as to ...

docket:	a6397-99
court:	njappellate
decided:	2001-10-31
status:	published
citation:	344 N.J. Super. 558
Document Size:	24399

9 Bower v. Board of Education of the City of East Orange -- rank: 848

... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1 (“the statute”), which the Commissioner referred to the Office of ... in the adjudicatory proceeding instituted by Bower was impermissible. 1. N.J.S.A. 18A:16-6.1 prescribes a two-part standard for determining whether board-of ... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1. The Commissioner referred the matter to the Office of Administrative ... determined that Bower could not establish the nexus required by N.J.S.A. 18A:16-6.1, that the conduct alleged in the charges against him arose ... a "final disposition in favor" of Bower as required by N.J.S.A. 18A:16-6.1. The Commissioner of Education adopted the A.L.J.'s ... expenses. [ N.J.S.A. 18A:16-6 (emphasis added).]      N.J.S.A. 18A:16-6.1, the statute providing for indemnification in criminal actions, refers ...

docket:	a-88-96
court:	njsupreme
decided:	1997-06-10
status:
citation:	149 N.J. 416
Document Size:	78721

10 KENNETH WELSH v. WARREN COUNTY SPECIAL SERVICES SCHOOL DISTRICT -- rank: 792

... appeal involves a part-time school psychologist's claim under N.J.S.A. 18A:16-6.1 for reimbursement of attorney's fees. A parent filed an ... 2425-16T4 2 6 requires to qualify for reimbursement under N.J.S.A. 18A:16-6.1. In the alternative, Hackettstown argues that if plaintiff is entitled ... S.A. 18A:16-6 pertains to civil actions and N.J.S.A. 18A:16-6.1 pertains to criminal and quasi-criminal proceedings. Importantly, both affect ... of the duties of such office, position, [or] employment . . . .' Ibid. N.J.S.A. 18A:16-6.1 applies if 'any criminal or quasi-criminal action' is brought ... be appropriate to determine whether plaintiff was an employee under N.J.S.A. 18A:16-6.1. Hackettstown contends the issue is controlled by the 'ABC' test ... 473.5 However, whatever the appropriate test for 'employment' under N.J.S.A. 18A:16-6.1, we are satisfied that plaintiff held a 'position.' Hackettstown ...

docket:	a2425-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-19
status:	Unpublished
citation:
Document Size:	34565

11 ARTHUR MATTHEWS BOARD OF EDUCATION OF THE UNION COUNTY VOCATIONAL TECHNICAL SCHOOL -- rank: 759

... J.S.A. 18A:16-6 stands in contrast to N.J.S.A. 18A:16-6.1, which requires a board of education to reimburse defense costs ... expenses of the original hearing or trial and all appeals. [ N.J.S.A. 18A:16-6.1 (emphasis added).] See also Bd. of Educ. v. Utica Mut ... N.J. Super. 354 , 358 (App. Div.) (holding that under N.J.S.A. 18A:16-6.1, the triggering event for insurance coverage is an acquittal or ...

docket:	a1181-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-06
status:	unpublished
citation:
Document Size:	24818

12 L.A. AND THE HORACE MANN INSURANCE COMPANY v. BOARD OF EDUCATION OF THE CITY OF TRENTON, MERCER COUNTY -- rank: 679

... at 419. Bower's claim for indemnification was based on N.J.S.A. 18A:16-6.1, which the court found refers back to N.J.S ...

docket:	a4635-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-24
status:	unpublished
citation:
Document Size:	24540

13 MARCELLO BUSTAMANTE v. BOROUGH OF PARAMUS -- rank: 596

... entitling a plaintiff to reimbursement of counsel fees pursuant to N.J.S.A. 18A:16-6.1. Cressinger v. Bd . of Educ. of Newark , 256 N.J ...

docket:	a1869-08
court:	superior court appellate division
decided:	2010-05-07
status:	Published
citation:	413 N.J. Super. 276 994 A.2d 573
Document Size:	93597