Search Rutgers Law Library N.J. Court Opinions

1 H. LESLIE McCURRIE, et al. v. TOWN OF KEARNY (for discovery purposes and on Third Count), -- rank: 1000

... expenses incurred in defending against a disciplinary or criminal proceeding. N.J.S.A. 40A:9-134.1. It reads, in part:         Whenever a member or officer ... have been unable to find any helpful legislative history for N.J.S.A. 40A:9-134.1, the legislative history and the case law interpreting N ... as clerk is not sufficient to warrant defense costs under N.J.S.A. 40A:9-134.1.     Courts have looked to the subject matter of the ... police duties. We are convinced that the Legislature, by enacting N.J.S.A. 40A:9-134.1 is to provide a municipal clerk with the means ... are those functions required to effectuate the General Election Laws. N.J.S.A. 40A:9-134.1 authorizes the municipality to pay for the clerk's ... other grounds , 122 N.J. 202 (1991) (citations omitted). When N.J.S.A. 40A:9-134.1 was passed, the Legislature was aware of the ...

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

2 McCurrie v. Town of Kearny -- rank: 888

... do not trigger the mandatory defense and indemnification obligations of N.J.S.A. 40A:9-134.1. However, the common law recognizes that although there may ... that determination. II.     The Appellate Division based its reasoning on N.J.S.A. 40A:9-134.1, which requires a municipality to defend and indemnify its ... effectuate the "directly related" limitation, and taking the view that N.J.S.A. 40A:9-134.1 should be similarly construed, the court concluded that this ... personal matter of his severance compensation. Accordingly, it held that N.J.S.A. 40A:9-134.1 did not apply in the circumstances.     We do not disagree with the Appellate Division's reading of N.J.S.A. 40A:9-134.1. The statute imposes a mandatory duty on a municipal ... do not trigger the mandatory defense and indemnification obligation of N.J.S.A. 40A:9-134.1. But that statute is not dispositive. That is ...

docket:	a-72-01
court:	njsupreme
decided:	2002-11-20
status:
citation:	174 N.J. 523
Document Size:	32415

3 IAN I. SHORE v. BOROUGH OF PARAMUS -- rank: 657

... provide him a legal defense in the earlier action violated N.J.S.A. 40A:9-134.1. Aside from certain exceptions not applicable here, that statute ... this appeal, defendants argue that the Borough did not violate N.J.S.A. 40A:9-134.1, that plaintiff's claim was barred by the entire ... fit squarely within the description of legal representation mandated by N.J.S.A. 40A:9-134.1, i.e. "the defense of any action or legal ... a defense that falls within one of the exceptions under N.J.S.A. 40A:9-134.1 and the proceeding is dismissed or determined in the ...

docket:	a6246-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-08
status:	unpublished
citation:
Document Size:	18251

4 ERNEST ZIRKLE v. TOWNSHIP OF FAIRFIELD -- rank: 454

... powers in the furtherance of his [or her] official duties"); N.J.S.A. 40A:9-134.1 (requiring, with limited exceptions, municipalities to defend and indemnify ...

docket:	a3306-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-01
status:	unpublished
citation:
Document Size:	31880