Search Rutgers Law Library N.J. Court Opinions

1 Chasin v. Montclair State University -- rank: 1000

... S.A. 18A:16-6 by TCA). Those cases addressed N.J.S.A. 59:10-4, which grants local authorities the power to indemnify local employees ... statutes granting the power to indemnify. The stated intent underlying N.J.S.A. 59:10-4 is "not . . . to indemnify persons who are not traditionally considered ... indemnification of all public employees should be encouraged." Comment to N.J.S.A. 59:10-4. Thus, mandatory indemnification at the local level by a municipality ... authority has the discretion whether to indemnify local public employees. N.J.S.A. 59:10-4. Nonetheless, several other statutes pre-dating the TCA provide that ...

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

2 Isaac Wright v. State of New Jersey et als. -- rank: 862

... such as counties.” Michaels , supra , 968 F. Supp. at 236. N.J.S.A. 59:10-4 provides, in pertinent part, that “[l]ocal public entities are ... as a law enforcement officer”) (citation omitted).     The Comment to N.J.S.A. 59:10-4, which empowers public entities to indemnify local public employees for ...

docket:	a-54-00
court:	njsupreme
decided:	2001-07-31
status:
citation:	169 N.J. 422
Document Size:	121292

3 BRENTON WHITTAKER v. ANTONIO M. RUA -- rank: 710

... s argument that it was not required to indemnify under N.J.S.A. 59:10-4, because the employee engaged in a criminal act. Id. at ...

docket:	a0735-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-28
status:	unpublished
citation:
Document Size:	40535

4 Lieutenant John Kaminskas v. State -- rank: 685

... HELD: Under N.J.S.A. 40A:14-117 and N.J.S.A. 59:10-4, the Legislature has provided that each county -- not the Attorney ... to the indemnification of employees of local public entities in N.J.S.A. 59:10-4, it elsewhere creates an affirmative duty to defend county police ... Union County is therefore responsible for indemnifying them pursuant to N.J.S.A. 59:10-4. In Wright, the Court considered the “unique role” of ... judgment. Under N.J.S.A. 40A:14-117 and N.J.S.A. 59:10-4, the Legislature has provided that each county -- not the Attorney ... Tort Claims Act addresses the indemnification of other public servants. N.J.S.A. 59:10-4 empowers “[l]ocal public entities . . . to indemnify local public ...

docket:	a-31-17
court:	NJ Supreme Court
decided:	2019-01-17
status:
citation:	236 N.J. 415 200 A.3d 389
Document Size:	46512

5 Robert Lavezzi v. State of New Jersey -- rank: 683

... N.J.S.A. 59:10A-1. See Comment to N.J.S.A. 59:10-4 (stating “that the indemnity provided by the State should ...

docket:	A-29-13
court:	NJ Supreme Court
decided:	2014-09-09
status:
citation:	219 N.J. 163 97 A.3d 681
Document Size:	94618

6 LARRY S. LOIGMAN v. BOARD OF CHOSEN FREEHOLDERS COUNTY OF MONMOUTH, NEW JERSEY, -- rank: 665

... that, absent extraordinary circumstances, the Board's action, authorized in N.J.S.A. 59:10-4, is a legislative decision to appropriate public funds for a ... the Board did not meet the standards set forth in N.J.S.A. 59:10-4. The court further determined that the Board had failed to ... the motion judge had found insufficient to permit indemnification under N.J.S.A. 59:10-4. The amended resolutions were not discussed in executive session, but ... of Kaye was "authorized as a matter of law under N.J.S.A. 59:10-4[.]"     The motion judge found the amended resolutions legally sufficient to ... asserts that the indemnification of Kaye is not permitted under N.J.S.A. 59:10-4. Plaintiff contends that "[i]mplicit in the jury's verdict ... overcome the findings made by the jury awarding punitive damages.      N.J.S.A. 59:10-4 provides, in pertinent part:         A local public entity may ...

docket:	a2907-98
court:	njappellate
decided:	2000-04-12
status:	published
citation:	<a href=
Document Size:	19676

7 T. HOMER BONITSIS v. NEW JERSEY INSTITUTE OF TECHNOLOGY, et al. -- rank: 633

... 1994).         These decisions are in accord with the comment to N.J.S.A. 59:10-4 in Margolis & Novack, supra , at 244, where the authors note ... Monmouth , 329 N.J. Super. 561 , 564 (App. Div. 2000); N.J.S.A. 59:10-4.     In Loigman , the Freeholder Board chose to indemnify the Monmouth ... Id. at 562. We held that despite the language of N.J.S.A. 59:10-4, which purports to preclude a public entity from indemnifying for ...

docket:	a6208-01
court:	njappellate
decided:	2003-10-29
status:	published
citation:	363 N.J. Super. 505
Document Size:	52131

8 Lowe v. Zarghami -- rank: 591

... entitled to indemnification under a borough ordinance adopted pursuant to N.J.S.A. 59:10-4. The control test was not an appropriate gauge because "as ...

docket:	a-192-97
court:	njsupreme
decided:	1999-06-07
status:
citation:	158 N.J. 606
Document Size:	68467

9 /usr/local/share/www/libweb/collections/courts/supreme/a-21-19.opn.html -- rank: 583

... A. 59:1-3. Public entities may indemnify their employees. N.J.S.A. 59:10-4 (empowering public entities to indemnify their employees for “damages ... J. Super. 320, 335 (App. Div. 1989), the Comment to N.J.S.A. 59:10-4 indicates that such optional indemnification is encouraged. Accord Wright, 169 ...

docket:
court:
decided:
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Document Size:	65513

10 EUGENE ROBINSON v. CITY OF ATLANTIC CITY -- rank: 581

... he was entitled to indemnification and defense costs pursuant to N.J.S.A. 59:10-4 and the City's "corresponding municipal ordinances." By letter dated ... 1, 2011 orders. Schultz grounded his claim for indemnification in N.J.S.A. 59:10-4, and in the City ordinance. However, N.J.S.A. 59:10-4 merely permits, rather than requires, municipalities to indemnify employees. And ...

docket:	a6052-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-05
status:	unpublished
citation:
Document Size:	20049

11 NANETTE COURTINE v. BOROUGH OF VICTORY GARDENS -- rank: 561

... Borough's discretion to indemnify Evans under the TCA. See N.J.S.A. 59:10-4 (authorizing a local public entity to indemnify its employee for ... the complaint were insufficient to bring the claim outside of N.J.S.A. 59:10-4. As the only specific allegation against Evans was that she ... fraud, actual malice, willful misconduct or an intentional wrong" under N.J.S.A. 59:10-4. As noted by the trial court, if additional facts were ... Palmentieri decision post-dated the December 24, 1987 amendment of N.J.S.A. 59:10-4, it is apparent the judge relied on the pre-amendment ...

docket:	a3175-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-30
status:	unpublished
citation:
Document Size:	22574

12 MAUREEN CASTRIOTTA v. BOARD OF EDUCATION OF THE TOWNSHIP OF ROXBURY -- rank: 536

... damages subject to the standards and procedures set forth in N.J.S.A. 59:10-4. This archive is a service of Rutgers School of Law ...

docket:	a5222-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-09
status:	published
citation:	427 N.J.Super. 592 50 A.3d 61
Document Size:	43092

13 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 ESMAY PARCHMENT v. CITY -- rank: 511

... grants a municipality the option to indemnify its employees. See N.J.S.A. 59:10-4 ("Local public entities are hereby empowered to indemnify local public ...

docket:	a3150-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-17
status:	unpublished
citation:
Document Size:	38437

14 RAY WATERS v. BOARD OF EDUCATION OF THE TOWNSHIP OF TOMS RIVER OCEAN COUNTY - -- rank: 463

... be governed by the standards and procedures set forth in N.J.S.A. 59:10-4. Any board of education may arrange for and maintain appropriate ...

docket:	a4706-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-22
status:	unpublished
citation:
Document Size:	39147

15 ERNEST ZIRKLE v. TOWNSHIP OF FAIRFIELD -- rank: 453

... officials, but rather has the discretion to do so. See N.J.S.A. 59:10-4. These issues require legal determinations, subject to our de novo ... indemnification for municipal employees was designated as permissive, not mandatory. N.J.S.A. 59:10-4 ("Local public entities are hereby empowered to indemnify local public ...

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