Swish-e home page Search Rutgers Law Library N.J. Court Opinions


Limit search to:
Sort by:
Limit to:
    through    
 Results for ("N.J.S.A. 59:10a-1")   1 to 15 of 32 results. Run time: 0.673 seconds | Search time: 0.666 seconds    
 Page:1 2 3 Next 15
1 Isaac Wright v. State of New Jersey et als. -- rank: 1000
... cross claimed against the State for defense and indemnification under N.J.S.A. 59:10A-1, but not to assert vicarious liability under N.J.S ... defense and indemnification in the TCA if the provisions of N.J.S.A. 59:10A-1 (emphasis added).]             The Attorney General may [only] refuse to provide for the defense on an action referred to in [ N.J.S.A. 59:10A-1] if he determines that             a. the act or omission was ... the SCPO employees can be considered “State employees” pursuant to N.J.S.A. 59:10A-1 of the TCA.     “The State's duty to indemnify an ... prosecutor could be considered “State employees” within the meaning of N.J.S.A. 59:10A-1. The Appellate Division held that         [a]lthough a prosecutor and ... indemnification provisions, N.J.S.A. 59:10-1 and N.J.S.A. 59:10A-1. Instead, we focus on whether the function that the ...
docket: a-54-00
court: njsupreme
decided: 2001-07-31
status:
citation: 169 N.J. 422
Document Size: 121292
2 Chasin v. Montclair State University -- rank: 997
... s duty to defend and indemnify employees must be evaluated.      N.J.S.A. 59:10A-1 establishes the Attorney General's basic duty to defend state ... and the history and context within which they were enacted.      N.J.S.A. 59:10A-1 mandates a defense in "any action," unless one of the ... New Jersey Power & Light Co. , 21 N.J. 373 (1956)).]      N.J.S.A. 59:10A-1 therefore must be understood with reference to N.J.S ... that the Attorney General defend "any action" brought in tort; N.J.S.A. 59:10A-1. Because N.J.S.A. 59:10A-1 requires the Attorney General to defend state employees against tort ... not obligate the Attorney General to provide a defense under N.J.S.A. 59:10A-1 or -3 and to indemnify Napoleon under N.J. ...
docket: a-161-97
court: njsupreme
decided: 1999-06-02
status:
citation: 159 N.J. 418
Document Size: 97874
3 Robert Lavezzi v. State of New Jersey -- rank: 887
... pursuant to N.J.S.A. 59:10-1 and N.J.S.A. 59:10A-1 of the New Jersey Tort Claims Act (TCA), and Wright ... N.J. 142, 165 (2013). (pp. 10-11) 2. Under N.J.S.A. 59:10A-1 of the TCA, which is derived from vicarious liability principles ... purposes of N.J.S.A. 59:10-1 and N.J.S.A. 59:10A-1. (pp. 11-14) 3. The Criminal Justice Act of 1970 ... Wright and N.J.S.A. 59:10-1 and N.J.S.A. 59:10A-1 of the TCA, and the Attorney General’s administrative decision ... Office” pursuant to N.J.S.A. 59:10-1, N.J.S.A. 59:10A-1, and Wright . Each stated that plaintiffs’ action had been filed ... Wright , supra , 169 N.J. at 451. In that setting, N.J.S.A. 59:10A-1 provides that the Attorney General shall, upon a request ...
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
4 COUNTY OF ESSEX v. DEPARTMENT OF LAW AND PUBLIC SAFETY - -- rank: 874
... devoid of any details regarding the previous request. 7 Compare N.J.S.A. 59:10A-1 (imposing a legal duty to represent State employees), with N ... OAG's obligation is not otherwise preempted under the TCA. N.J.S.A. 59:10A-1 (emphasis added); N.J.S.A. 59:10-1. In ... the Attorney General regarding representation of State employees . . . states that ' N.J.S.A. 59:10A-1 sets forth the statutory basis A-0725-20 15 a ... under the TCA. N.J.S.A. 59:10-1; N.J.S.A. 59:10A-1. In Chasin, the for the [OAG]'s obligation to defend ... with the discretion to defend in cases not covered by N.J.S.A. 59:10A-1. Because N.J.S.A. 59:10A-3 grants discretion ... limited to criminal proceedings, but must include some civil actions. N.J.S.A. 59:10A-1 requires the [OAG] to defend state employees against tort ...
docket: a0725-20
court: NJ Superior Court Appellate Division
decided: 2022-04-11
status: Unpublished
citation:
Document Size: 43001
5 DANIEL PRADO v. STATE OF NEW JERSEY -- rank: 857
... Tort Claims Act dealing with the representation of State employees, N.J.S.A. 59:10A-1 to -6, to provide representation to defendant, Harry Pappas, a ... right to representation by the Attorney General is governed by N.J.S.A. 59:10A-1 and -2. N.J.S.A. 59:10A-1 provides in pertinent part: Except as provided in [ N.J ... provide for the defense of an action referred to in [ N.J.S.A. 59:10A-1] if he determines that: a. the act or omission was ... for the defense of a State employee as required by [ N.J.S.A. 59:10A-1 and -2] the employee or former employee of the State ... intent expressed in N.J.S.A. 59:10-2, . . . N.J.S.A. 59:10A-1 should be construed to require the Attorney General to ...
docket: a6273-03
court: njappellate
decided: 2006-10-17
status: published
citation: 376 N.J. Super. 231
Document Size: 91874
6 Daniel Prado v. State of New Jersey, New Jersey Department of Labor, etc.,et al. -- rank: 831
... defense to a state employee who requests representation pursuant to N.J.S.A . 59:10A-1 unless the Attorney General determines that it is more probable ... Attorney General’s duty to defend is set forth in N.J.S.A 59:10A-1. Under that statutory scheme, an employee’s right to counsel ... defense to a state employee who requests representation pursuant to N.J.S.A . 59:10A-1 unless the Attorney General determines that it is more probable ... Discrimination and the Conscientious Employee Protection Act. In accordance with N.J.S.A. 59:10A-1, the employee requested that the Attorney General undertake his defense ... award. Id. at 242. For that reason, the panel interpreted N.J.S.A. 59:10A-1 to require the Attorney General to provide representation “only if ... Attorney General’s duty to defend is set forth in N.J.S.A. 59:10A-1. That statute provides: Except as provided in [ N.J. ...
docket: a-33-05
court: njsupreme
decided: 2006-05-08
status:
citation: *CITE_PENDING*
Document Size: 56250
7 Daniel Prado v. State of New Jersey, New Jersey Department of Labor, etc.,et al. -- rank: 831
... defense to a state employee who requests representation pursuant to N.J.S.A . 59:10A-1 unless the Attorney General determines that it is more probable ... Attorney General’s duty to defend is set forth in N.J.S.A 59:10A-1. Under that statutory scheme, an employee’s right to counsel ... defense to a state employee who requests representation pursuant to N.J.S.A . 59:10A-1 unless the Attorney General determines that it is more probable ... Discrimination and the Conscientious Employee Protection Act. In accordance with N.J.S.A. 59:10A-1, the employee requested that the Attorney General undertake his defense ... award. Id. at 242. For that reason, the panel interpreted N.J.S.A. 59:10A-1 to require the Attorney General to provide representation “only if ... Attorney General’s duty to defend is set forth in N.J.S.A. 59:10A-1. That statute provides: Except as provided in [ N.J. ...
docket: a-33-05
court: njsupreme
decided: 2006-05-08
status:
citation: *CITE_PENDING*
Document Size: 56208
8 Lieutenant John Kaminskas v. State -- rank: 821
... actions taken in the course of their employment. Pursuant to N.J.S.A. 59:10A-1, “the Attorney General shall, upon a request of an ... the Legislature has enacted. As the Appellate Division noted, interpreting N.J.S.A. 59:10A-1 to cover Lieutenant Kaminskas and Chief Vaniska would result in an unnecessary conflict between N.J.S.A. 59:10A-1 and N.J.S.A. 40A:14-117. The Court ... in Wright v. State, 169 N.J. 422 (2001), nor N.J.S.A. 59:10A-1 provides 2 otherwise. The Attorney General is accordingly not required ... to defend their police officers. The appellate panel then considered N.J.S.A. 59:10A-1 to -6 and concluded that the Attorney General’s duty ... conflict between N.J.S.A. 40A:14-117 and N.J.S.A. 59:10A-1 to -6.” We granted the officers’ petition for ...
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
9 IN THE MATTER OF REQUEST FOR DEFENSE AND INDEMNIFICATION IN JAMES BAYLISS v. NEW JERSEY STATE POLICE TROOPER R. WAMBOLD JR. -- rank: 811
... Bayliss case, which was removed to federal district court. See N.J.S.A. 59:10A-1, -3. Thereafter, the NJSP investigated and brought disciplinary charges against ... and indemnification. See N.J.S.A. 53:1-30; N.J.S.A. 59:10A-1. By letter dated February 9, 2011, OAG notified appellant that ... to defense and indemnification, the TCA states, "If pursuant to [ N.J.S.A. 59:10A-1 to -6] the Attorney General provides for the defense of ... provide for the defense of an action referred to in [ N.J.S.A. 59:10A-1] if he determines that . . . the act . . . was because of . . . willful ... acknowledged that, when a state employee requests representation pursuant to N.J.S.A. 59:10A-1, the Attorney General "must provide a defense to a state ...
docket: a6043-11
court: New Jersey Superior Court Appellate Division
decided: 2015-06-17
status: Published
citation:
Document Size: 43298
10 BRENTON WHITTAKER v. ANTONIO M. RUA -- rank: 760
... Attorney General whether to defend and indemnify state employees under N.J.S.A. 59:10A-1 (duty to defend) and N.J.S.A. 59:10 ... addition, the Attorney General's decision regarding the defense under N.J.S.A. 59:10A-1 involves "a matter of public importance and interest." In re ... subordinates under N.J.S.A. 59:10-1 and N.J.S.A. 59:10A-1. Id. at 453-56. The Court also held "the State ...
docket: a0735-13
court: NJ Superior Court Appellate Division
decided: 2014-05-28
status: unpublished
citation:
Document Size: 40535
11 /usr/local/share/www/libweb/collections/courts/appellate/a5807-12.opn.html -- rank: 676
... not entitled to legal representation by the Attorney General under N.J.S.A. 59:10A-1, et seq. because she is not an employee of the ... defense to a state employee who requests representation pursuant to N.J.S.A. 59:10A-1, unless the Attorney General determines that it is more probable ... 10, and October 19, 2012; and March 8, 2013. 8 N.J.S.A. 59:10A-1 provides: "the Attorney General shall, upon a request of an ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 58478
12 WILLIAM TAGLIERI, et al. v. ALBERT MOSS, M.D. -- rank: 665
... to provide a defense and indemnify the employee. Ibid. ; see N.J.S.A. 59:10A-1 to -3; N.J.S.A. 59:10-1, -2 ...
docket: a5052-02
court: njappellate
decided: 2004-02-26
status: published
citation: 367 N.J. Super. 184
Document Size: 52120
13 WILLIAM TAGLIERI, et al. v. ALBERT MOSS, M.D. -- rank: 665
... to provide a defense and indemnify the employee. Ibid. ; see N.J.S.A. 59:10A-1 to -3; N.J.S.A. 59:10-1, -2 ...
docket: a5053-02
court: njappellate
decided: 2004-02-26
status: published
citation: *CITE_PENDING*
Document Size: 52089
14 IN THE MATTER OF DANIEL RODRIGUEZ -- rank: 653
... them legal representation in McLaughlin's civil action pursuant to N.J.S.A. 59:10A-1 to -2. Because the underlying facts and legal issues are ... an act or omission in the scope of his employment." N.J.S.A. 59:10A-1. There are, however, three statutory exceptions to the duty, N ...
docket: a2616-10
court: NJ Superior Court Appellate Division
decided: 2011-12-20
status: published
citation: 423 N.J. Super. 440 33 A.3d 519
Document Size: 34587
15 IN THE MATTER OF DOUGLAS TUBBY -- rank: 653
... them legal representation in McLaughlin's civil action pursuant to N.J.S.A. 59:10A-1 to -2. Because the underlying facts and legal issues are ... an act or omission in the scope of his employment." N.J.S.A. 59:10A-1. There are, however, three statutory exceptions to the duty, N ...
docket: a2706-10
court: NJ Superior Court Appellate Division
decided: 2011-12-20
status: published
citation: 423 N.J.Super. 440 33 A.3d 519
Document Size: 34582
 Page:1 2 3 Next 15
Powered by Swish-e swish-e.org

Valid HTML 4.01!