Search Rutgers Law Library N.J. Court Opinions

1 W.S. v. Derek Hildreth -- rank: 1000

... 2A:14-2a(a)(1). Another significant change is that N.J.S.A. 59:8-3(b) was amended to provide that the “procedural requirements� ... effective and was therefore “subject to the newly enacted N.J.S.A. 59:8-3(b), which specifically eliminated the need to file a notice ... 250 N.J. 171 (2022). HELD: The plain meaning of N.J.S.A. 59:8-3(b) dictates that child sexual abuse survivors who file a ... in denying defendants’ motion to dismiss. Since December 1, 2019, N.J.S.A. 59:8-3(b) has provided that “[t]he procedural requirements of ... procedural requirement[]” of the TCA within the meaning of N.J.S.A. 59:8-3(b). And they concede that W.S. filed an � ... an injury resulting from the commission of . . . sexual abuse,” N.J.S.A. 59:8- 3(b), in January of 2020. Therefore, pursuant to the ...

docket:	a-46-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-18
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Document Size:	56350

2 R.A. v. WEST ESSEX REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION -- rank: 946

... or sexual abuse as defined in 2A:61B-1. See N.J.S.A. 59:8- 3(b); see also L. 2019, c. 120, § 8. The ... assault claimants from complying with the TCA's notice requirements, N.J.S.A. 59:8-3(b); L. 2019, c. 120, § 8; and provided for ... recognize that L. 2019, c. 120, § 8, which added N.J.S.A. 59:8-3(b) to the TCA, is in effect at present. We ... requirements for the prosecution of their tort claims against defendants. N.J.S.A. 59:8-3(a), as amended by L. 2019, c. 120, § 8 ... as defined in [N.J.S.A. 2A:61B-1].' N.J.S.A. 59:8-3(b); L. 2019, c. 120, § 8. L. 2019, c ... N.J. at 573). Applying these principles, we cannot conclude N.J.S.A. 59:8-3(b) is retroactive as ameliorative legislation because it does ...

docket:	a0329-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-01
status:	Unpublished
citation:
Document Size:	84050

3 H.C. Equities, LP v. County of Union -- rank: 844

... accordance with the procedure set forth in this chapter.” N.J.S.A. 59:8-3(a). The Act requires that a notice of tort claim ... 22 (first two quotations from 1972 Task Force cmt. on N.J.S.A. 59:8-3; second two quotations from Fuller v. Rutgers, State Univ., 154 ... the bringing of suit” (quoting 1972 Task Force cmt. on N.J.S.A. 59:8-3)). A ruling that multiple documents can collectively constitute effective notice ...

docket:	a-1-2-20
court:	NJ Supreme Court
decided:	2021-07-19
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4 John Rogers v. Cape May County Office of the Public Defender -- rank: 827

... 2000), including a mandatory pre-suit notification of claim. See N.J.S.A. 59:8-3; 59:8-8. Specifically, the procedures include filing of a ...

docket:	A-63-10
court:	NJ Supreme Court
decided:	2011-12-05
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citation:
Document Size:	64317

5 Nancy Velez v. City of Jersey City, et als. -- rank: 824

... misconduct, must be read together with the overall mandate of N.J.S.A. 59:8-3, providing that no action shall be brought against a public ... requirements, it would have expressly done so when it amended N.J.S.A. 59:8-3 and 59:8-8. (pp. 15-16) 4. The Court ... provision must be read together with the overall mandate of N.J.S.A. 59:8-3, that �[n]o action shall be brought against a public ... requirements, it would have expressly done so when it amended N.J.S.A. 59:8-3 and 59:8-8. It did not. Our interpretation of ...

docket:	a-97-02
court:	njsupreme
decided:	2004-06-29
status:
citation:	180 N.J. 284
Document Size:	48253

6 /usr/local/share/www/libweb/collections/courts/appellate/a2066-20.opn.html -- rank: 822

... s timely complaint was now subject to the newly enacted N.J.S.A. 59:8-3(b), which specifically eliminated the need to file a notice ... for purposes of this appeal. Prior to December 1, 2019, N.J.S.A. 59:8-3 barred all actions against public entities and employees 'unless the ... Section 8 of Chapter 120 added a new subsection to N.J.S.A. 59:8-3, which states: 'The procedural requirements of this chapter shall not ... abuse . . . .' L. 2019, c. 120, § 8, now codified as N.J.S.A. 59:8-3(b). The Committee Statement explains the Legislature's purpose in ... added). Notably, Chapter 239 made no changes to the new N.J.S.A. 59:8-3(b), which eliminated all 'procedural requirements of' the TCA for ... Defendant contends that the Legislature did not expressly provide for N.J.S.A. 59:8-3(b) — the elimination of the TCA's 'procedural ...

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7 GINAMARIE GOMES v. THE COUNTY OF MONMOUTH -- rank: 807

... two goals are derived from the Task Force Comment to N.J.S.A. 59:8-3, and the last two goals come from Fuller v. Rutgers ...

docket:	a1679-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-14
status:	published
citation:	444 N.J.Super. 479 134 A.3d 33
Document Size:	48388

8 D.D v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 802

... 4, requires a claimant to file a notice of claim, N.J.S.A. 59:8-3, within ninety days of the accrual of such claim. N ...

docket:	a5418-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	61715

9 D.D v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 802

... 4, requires a claimant to file a notice of claim, N.J.S.A. 59:8-3, within ninety days of the accrual of such claim. N ...

docket:	a5676-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	61715

10 ESTATE OF PATRICK MAYES v. STATE OF NEW JERSEY -- rank: 761

... 3, requires a claimant to file a notice of claim, N.J.S.A. 59:8-3, within ninety days of the accrual of such claim. N ...

docket:	a3877-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-13
status:	published
citation:
Document Size:	30794

11 /usr/local/share/www/libweb/collections/courts/appellate/a3113-17.opn.html -- rank: 751

... in accordance with the procedure set forth in' the statute. N.J.S.A. 59:8-3. A notice of claim against a public entity or public ... opinion on the accrual date of plaintiff's tort claims, N.J.S.A. 59:8-3, or whether the letter would have been timely filed under ...

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12 /usr/local/share/www/libweb/collections/courts/appellate/a2752-20.opn.html -- rank: 749

... procedural notice-of-claim requirements in cases like this. See N.J.S.A. 59:8-3(b). We thus consider the meaning and scope of N ...

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13 /usr/local/share/www/libweb/collections/courts/appellate/a0597-17.opn.html -- rank: 742

... in accordance with the procedure set forth in the statute. N.J.S.A. 59:8-3. That procedure requires that a claimant give notice to the ... provision must be read together with the overall mandate of N.J.S.A. 59:8-3,' requiring adherence to the prescribed procedure that requires notice. Velez ...

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14 ROBERT CAMIDGE v. MANASQUAN BOARD OF EDUCATION -- rank: 742

... is in accord with the procedures established under the Act. N.J.S.A. 59:8-3. The Act prohibits a plaintiff from filing a claim for ... in accordance with the procedure set forth in this chapter." N.J.S.A. 59:8-3. The Act prohibits a suit against a public entity unless ... public employee with a pre-suit notification of the claim, N.J.S.A. 59:8-3, which must be in writing, Velez v. City of Jersey ... in accordance with the procedure set forth in this chapter." N.J.S.A. 59:8-3 (footnote omitted). The comment on N.J.S.A. 59:8-3 reads, in part: The purpose of the claims notification requirement ... in substantial compliance with the statutory notice of claim requirement. N.J.S.A . 59:8-3, 4 and 5. At the minimum a notice of ...

docket:	a0970-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-15
status:	unpublished
citation:
Document Size:	33109

15 CAROLYN MCFEELEY v. SUNNY KAR, D.O. -- rank: 739

... omitted) (first quoting Margolis & Novack, 1972 Task Force Comment to N.J.S.A. 59:8-3; then quoting Fuller v. Rutgers, State Univ., 154 N.J ...

docket:	a4543-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-18
status:	Unpublished
citation:
Document Size:	34228