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 Results for ("N.J.S.A. 59:10a-2")   1 to 15 of 23 results. Run time: 0.867 seconds | Search time: 0.860 seconds    
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1 Chasin v. Montclair State University -- rank: 1000
... State's refusal to indemnify her. Finally, we determine whether N.J.S.A. 59:10A-2 to refuse such representation."     The Chancery Division suit was dismissed ... basic duty to defend state employees:         Except as provided [in N.J.S.A. 59:10A-2], the Attorney General shall, upon a request of an employee ... an act or omission in the scope of his employment.      N.J.S.A. 59:10A-2 provides that the Attorney General may refuse to provide a ... defense in "any action," unless one of the exceptions of N.J.S.A. 59:10A-2 applies. Those exceptions authorize the Attorney General to refuse a ... misconduct, or actual malice," or creates a conflict of interest. N.J.S.A. 59:10A-2. The third provision governing the duty to defend, N.J ... 59:10A-1 therefore must be understood with reference to N.J.S.A. 59:10A-2 and -3. Given the statutory scheme and the title ...
docket: a-161-97
court: njsupreme
decided: 1999-06-02
status:
citation: 159 N.J. 418
Document Size: 97874
2 Daniel Prado v. State of New Jersey, New Jersey Department of Labor, etc.,et al. -- rank: 953
... not that one of the three exceptions set forth in N.J.S.A . 59:10A-2 applies; if the Attorney General denies the employee’s request ... not that one of the three exceptions set forth in N.J.S.A 59:10A-2 applies; if the Attorney General denies the employee’s request ... to Pappas that his request had been denied pursuant to N.J.S.A. 59:10A-2 because “the acts alleged [against him were] outside the scope ... 59:10A-1. That statute provides: Except as provided in [ N.J.S.A. 59:10A-2], the Attorney General shall, upon a request of an employee ... interest between the State and the employee or former employee. [ N.J.S.A. 59:10A-2.] Under that statutory scheme, an employee’s right to counsel ... afford representation, “rather than the proviso or exception” contained in N.J.S.A. 59:10A-2, which permits the Attorney General to refuse to defend. ...
docket: a-33-05
court: njsupreme
decided: 2006-05-08
status:
citation: *CITE_PENDING*
Document Size: 56208
3 Daniel Prado v. State of New Jersey, New Jersey Department of Labor, etc.,et al. -- rank: 953
... not that one of the three exceptions set forth in N.J.S.A . 59:10A-2 applies; if the Attorney General denies the employee’s request ... not that one of the three exceptions set forth in N.J.S.A 59:10A-2 applies; if the Attorney General denies the employee’s request ... to Pappas that his request had been denied pursuant to N.J.S.A. 59:10A-2 because “the acts alleged [against him were] outside the scope ... 59:10A-1. That statute provides: Except as provided in [ N.J.S.A. 59:10A-2], the Attorney General shall, upon a request of an employee ... interest between the State and the employee or former employee. [ N.J.S.A. 59:10A-2.] Under that statutory scheme, an employee’s right to counsel ... afford representation, “rather than the proviso or exception” contained in N.J.S.A. 59:10A-2, which permits the Attorney General to refuse to defend. ...
docket: a-33-05
court: njsupreme
decided: 2006-05-08
status:
citation: *CITE_PENDING*
Document Size: 56250
4 DANIEL PRADO v. STATE OF NEW JERSEY -- rank: 881
... 10A-1 provides in pertinent part: Except as provided in [ N.J.S.A. 59:10A-2], the Attorney General shall, upon a request of an employee ... an act or omission in the scope of his employment. N.J.S.A. 59:10A-2 provides: The Attorney General may refuse to provide for the ... of employment, subject to the three exceptions set forth in N.J.S.A. 59:10A-2. Id. at 426. Consequently, applying the "general principle of statutory ... afford representation, 'rather than the proviso or exception' contained in N.J.S.A. 59:10A-2, which permits the Attorney General to refuse to defend." Ibid ... not that one of the three exceptions set forth in N.J.S.A. 59:10A-2 applies." Id. at 427. The Court stated that this "formulation ... decide whether any of the three exceptions set forth in N.J.S.A. 59:10A-2 would apply under the "more probable than not" standard ...
docket: a6273-03
court: njappellate
decided: 2006-10-17
status: published
citation: 376 N.J. Super. 231
Document Size: 91874
5 Isaac Wright v. State of New Jersey et als. -- rank: 881
... interest between the State and the employee or former employee.                 [ N.J.S.A. 59:10A-2.] Thus, the Attorney General must defend a State employee for ... 59:10A-1 provides that "[e]xcept as provided in [ N.J.S.A. 59:10A-2], the Attorney General shall, upon a request of an employee ...
docket: a-54-00
court: njsupreme
decided: 2001-07-31
status:
citation: 169 N.J. 422
Document Size: 121292
6 IN THE MATTER OF REQUEST FOR DEFENSE AND INDEMNIFICATION IN JAMES BAYLISS v. NEW JERSEY STATE POLICE TROOPER R. WAMBOLD JR. -- rank: 845
... to revoke its representation of him in the Bayliss case. N.J.S.A. 59:10A-2(c). Appellant appeals from OAG's final decision. OAG submits ... act was the product of "willful misconduct or actual malice." N.J.S.A. 59:10A-2(b). However, OAG has not yet made a final administrative ... subject to exceptions such as a conflict of interest. See N.J.S.A. 59:10A-2(c). Appellant alleges that a Deputy Attorney General (DAG) advised ... subject to exceptions such as a conflict of interest. See N.J.S.A. 59:10A-2(c). The AAG listed the documents reviewed by OAG in ... representation of appellant created an irreconcilable conflict of interest under N.J.S.A. 59:10A-2(c). The AAG wrote that the denial of representation was ... interest between the State and the employee or former employee." N.J.S.A. 59:10A-2(b), -2(c) (emphasis added). Under the TCA, if ...
docket: a6043-11
court: New Jersey Superior Court Appellate Division
decided: 2015-06-17
status: Published
citation:
Document Size: 43298
7 COUNTY OF ESSEX v. DEPARTMENT OF LAW AND PUBLIC SAFETY - -- rank: 827
... State Univ., 159 N.J. 418, 427-28 (1999) (citing N.J.S.A. 59:10A-2 and -3). These decisions are within the discretion of the ... that the [OAG] defend 'any action' brought in tort; 11 N.J.S.A. 59:10A-2 specifies three instances when such representation of tort cases may ... interest between the State and the employee or former employee. [N.J.S.A. 59:10A-2.] A-0725-20 17 liability, so the civil claims left ... of the employee's employment or otherwise preempted pursuant to N.J.S.A. 59:10A-2, Chasin, 159 N.J. at 425-26; (3) A-0725 ...
docket: a0725-20
court: NJ Superior Court Appellate Division
decided: 2022-04-11
status: Unpublished
citation:
Document Size: 43001
8 IN THE MATTER OF DANIEL RODRIGUEZ -- rank: 783
... designee concluded that the officers' actions "constituted willful misconduct under N.J.S.A. 59:10A-2(b)" and "actual malice under N.J.S.A. 59:10A-2(b)." The record does not indicate when the Attorney General ... s obligation to address questions of representation in accordance with N.J.S.A. 59:10A-2 and Prado is a matter of public importance and interest ... 1. There are, however, three statutory exceptions to the duty, N.J.S.A. 59:10A-2(a)-(c), and the Attorney General may deny representation on ... has engaged in "willful misconduct" or acted with "actual malice." N.J.S.A. 59:10A-2(b). In both cases, the Attorney General found that it ... excluding protection from liability for the employee in either circumstance); N.J.S.A. 59:10A-2 (authorizing denial of representation). Despite their importance, the Act ...
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
9 IN THE MATTER OF DOUGLAS TUBBY -- rank: 783
... designee concluded that the officers' actions "constituted willful misconduct under N.J.S.A. 59:10A-2(b)" and "actual malice under N.J.S.A. 59:10A-2(b)." The record does not indicate when the Attorney General ... s obligation to address questions of representation in accordance with N.J.S.A. 59:10A-2 and Prado is a matter of public importance and interest ... 1. There are, however, three statutory exceptions to the duty, N.J.S.A. 59:10A-2(a)-(c), and the Attorney General may deny representation on ... has engaged in "willful misconduct" or acted with "actual malice." N.J.S.A. 59:10A-2(b). In both cases, the Attorney General found that it ... excluding protection from liability for the employee in either circumstance); N.J.S.A. 59:10A-2 (authorizing denial of representation). Despite their importance, the Act ...
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
10 Robert Lavezzi v. State of New Jersey -- rank: 755
... scope of their employment, unless a statutory exception listed in N.J.S.A. 59:10A-2 applies. Under N.J.S.A. 59:10-1 of ... interest between the State and the employee or former employee. [ N.J.S.A. 59:10A-2.] As this Court has held, “the Attorney General must ... contend that any of the three exceptions set forth in N.J.S.A. 59:10A-2 apply. Instead, the question of defense and indemnification turns on ...
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
11 BRENTON WHITTAKER v. ANTONIO M. RUA -- rank: 747
... 16. The State denied the employee's request pursuant to N.J.S.A. 59:10A-2. Id. at 418-19. That section allows the Attorney General ... arise from actual fraud, or willful misconduct or actual malice. N.J.S.A. 59:10A-2. The Court expressly rejected the appellate opinion in Prado , which ... not involve the application of the exceptions set forth in N.J.S.A. 59:10A-2. Instead, it involves the fundamental question whether, under Wright , Rua ... the burden to establish grounds to refuse to defend under N.J.S.A. 59:10A-2. See Prado , supra , 186 N.J. at 427 (establishing "formulation ...
docket: a0735-13
court: NJ Superior Court Appellate Division
decided: 2014-05-28
status: unpublished
citation:
Document Size: 40535
12 Lorraine Gormley v. LaTanya Wood-El -- rank: 677
Original Wordprocessor Version (NOTE: The status of this decision is .) SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note ...
docket: A-101-11
court: NJ Supreme Court
decided: 2014-06-30
status:
citation:
Document Size: 173886
13 PETER F. RYERSON v. STATE OF NEW JERSEY -- rank: 672
... 59:10A-1 provides that, except as otherwise provided in N.J.S.A. 59:10A-2, the Attorney General shall, upon a request of an employee ... an act or omission in the scope of his employment. N.J.S.A. 59:10A-2 states that: [t]he Attorney General may refuse to provide ...
docket: a0417-10
court: NJ Superior Court Appellate Division
decided: 2011-10-06
status: unpublished
citation:
Document Size: 22475
14 /usr/local/share/www/libweb/collections/courts/appellate/a5807-12.opn.html -- rank: 654
... interest between the State and the employee or former employee. [ N.J.S.A. 59:10A-2.] To prove plaintiff is a state employee, plaintiff relies on ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 58478
15 JONATHAN ANDREW ROMEO v. STATE OF NEW JERSEY -- rank: 654
... for a refusal to provide a defense under Prado and N.J.S.A. 59:10A-2. The Attorney General's justification for refusing "to provide representation ... a State employee's request for legal representation, pursuant to N.J.S.A. 59:10A-2, the Attorney General may refuse to provide legal representation to ... not that one of the three exceptions set forth in N.J.S.A. 59:10A-2 applies. Prado v. State , 186 N.J. 413 (2006). We ... has been met with regard to this matter pursuant to N.J.S.A. 59:10A-2(a) and (b) above. 1 Because this statement does not ...
docket: a2967-07
court: NJ Superior Court Appellate Division
decided: 2009-03-13
status: unpublished
citation:
Document Size: 22569
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