Search Rutgers Law Library N.J. Court Opinions

31 Moriarty v. Bradt -- rank: 811

... appeal, the Court examines the Grandparent Visitation Statute, N.J.S.A. 9:2-7.1, in light of a recent ... the United States Supreme Court that struck down another state's similar statute, and the Court determines whether the trial court ... for drug abuse and the children remained with Moriarty. Bradt's parents (the grandparents) intervened in the divorce action to secure ... the grandparents could serve as a conduit with the children's deceased mother and could be a positive resource for the ... grandparent visitation in light of the United States Supreme Court's ruling in Troxel v. Granville , 530 U.S. 57 , 120 S. Ct. 2054 , 147 L. Ed. 2 ...

docket:	a-145-01
court:	njsupreme
decided:	2003-07-14
status:
citation:	177 N.J. 84
Document Size:	123877

32 JAMES DALE VS BOY SCOUTS OF AMERICA & MONMOUTH COUNCIL BOY SCOUTS OF AMERICA -- rank: 804

... and Friends of Lesbians and Gays (Marvin E. Frankel, Jeffrey S. Trachtman, Debora C. Fliegelman and William S. Singer, of counsel and on the brief).         David H. Dugan ... BSA is a place of public accommodation under New Jersey's Law Against Discrimination (LAD), First Amendment freedom of expressive association ... as and declared to be a civil right.         [ N.J.S.A. 10:5-4 (emphasis added).] The categories "affectional or ... identified by others as having such an orientation." N.J.S.A. 10:5-5hh. See footnote 1     The LAD renders unlawful certain employment practices or discriminations. N.J.S.A. 10:5-12. Plaintiff asserts in his complaint ( ...

docket:	a2427-95
court:	njappellate
decided:	1998-03-02
status:	published
citation:	<a href=
Document Size:	105319

33 IN RE CONTEST OF NOVEMBER 8, 2011 GENERAL ELECTION OF OFFICE OF NEW JERSEY GENERAL ASSEMBLY, FOURTH LEGISLATIVE DISTRICT -- rank: 801

... 22 , 2012 COMMITTEE ON OPINIONS ____________________________ Decided: January 5, 2012 Matthew S. Wolf, for petitioner Shelley Lovett (Pappas & Wolf, LLC, attorneys). William ... of State, Paula T. Dow, Attorney General, attorney). LEONE, J.S.C. The New Jersey Constitution provides that “[n]o ... N.J. 2001). Respondent also argues that petitioner Shelley Lovett’s post-election challenge comes too late and seeks the wrong ... is annulled, and her election is set aside. Although petitioner’s challenge did not come too late, she does request the wrong remedy. Under New Jersey’s election laws, a new election for General Assembly must be ... 1, 2011, petitioner filed a petition pursuant to N.J.S.A. 19:29-1. Petitioner alleged that respondent had ...

docket:	l-5995-11
court:	NJ Superior Court Law/Chancery Division
decided:	2012-01-05
status:
citation:	427 N.J. Super. 410 48 A.3d 1164
Document Size:	368367

34 GERALDINE COLON v. CITY OF NEWARK -- rank: 798

... judgment following a jury verdict finding municipal liability on plaintiff's claim under 42 U.S.C.A § 1983 and awarding damages of $75,000 ... Carlos Colon by Newark Police Officer Bazyt Bergus during Colon's thirty-hour detention at the Green Street Detention Center. At ... verbal dispute ensued and Bergus responded by swearing, ordering Colon's cell door opened, entering the cell and assaulting Colon. Bergus ... never sought medical treatment for his injuries save for a CT scan. Upon his release, Colon reported the incident to the Newark Police Department's (Department) Internal Affairs Bureau. On December 18, 1997, the ...

docket:	a3260-03
court:	njappellate
decided:	2006-05-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	91354

35 Annemarie Morgan v. Sanford Brown Institute -- rank: 798

... and certain administrators caused them to enroll in Sanford Brown’s ultrasound technician program. Plaintiffs claimed that they sustained financial loss ... under the New Jersey Consumer Fraud Act (CFA), N.J.S.A . 56:8-1 to -195. The Appellate Division reversed ... the trial court improperly failed to enforce the arbitration agreement’s delegation clause. The panel found that the parties had clearly ... of First Options of Chi., Inc. v. Kaplan , 514 U.S. 938 (1995), and Atalese v. U.S. Legal Servs. Grp. , 219 N.J. 430 (2014), cert. denied , 135 S. Ct. 2804 (2015). They also fail to satisfy the ...

docket:	A-31-14
court:	NJ Supreme Court
decided:	2016-06-14
status:
citation:	225 N.J. 289 137 A.3d 1168
Document Size:	145428

36 SHERMAN V. CITIBANK (SOUTH DAKOTA), N.A. -- rank: 795

... Citibank (South Dakota) credit cards. Sherman claims that: New Jersey's Retail Installment Sales Act of 1960 (RISA) forbids national banks ... to New Jersey customers from charging late-payment fees; Citibank's failure to disclose in its cardmember agreements and advertisements that ... are prohibited by New Jersey law violates the New Jersey's Consumer Fraud Act; and the imposition of the late-payment ... in its statutory definition of "interest." Citibank contends that Sherman's RISA claim, as well as his other claims, conflict with ... Following the institution of suit, the Law Division granted Citibank's motion to dismiss the complaint with prejudice. The Appellate Division affirmed. The Supreme Court granted Sherman's petition for certification. HELD:     Late-payment fees are not " ...

docket:	a-102-94
court:	njsupreme
decided:	1995-11-28
status:
citation:	143 N.J. 35
Document Size:	152600

37 EAST CAPE MAY ASSOCIATES VS STATE OF NEW JERSEY, DEPT OF ENVIRONMENTAL PROTECTION -- rank: 795

... subjects the property to heightened protection against development. N.J.S.A. 13:9B-7, -10c; see Rossi v. Division of ... state interest. See Dolan v. City of Tigard , 512 U.S. 374 , 114 S. Ct. 2309 , 2317, 129 L. Ed.2d 304 , 317 (1994) (property ... acre property which is the subject of East Cape May's claim for inverse condemnation is located on the east side ... on the west side of Pittsburgh Avenue. East Cape May's principals, Phillip Robinson and Thomas Brodesser, Jr., assert that, ...

docket:	a4852-94
court:	njappellate
decided:	1997-04-29
status:	published
citation:	300 N.J.Super. 325
Document Size:	75555

38 KELLY RAMOS v. HERBERT FLOWERS -- rank: 795

... Jersey (Gibbons and ACLU of NJ, attorneys; Mr. Manes, Lawrence S. Lustberg, Edward L. Barocas, Jeanne LoCicero, and Alexander R. Shalom ... J.A.D. Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for ... arrested and charged with obstructing traffic, contrary to N.J.S.A. 39:4-67; improper parking, contrary to N.J.S.A. 39:4-135; leaving an unattended vehicle running, contrary to N.J.S.A. 39:4-137; and obstructing a public passage on a sidewalk, contrary to N.J.S.A. 2C:33-7. In another incident that occurred ...

docket:	a4910-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-21
status:	published
citation:	429 N.J.Super. 13 56 A.3d 869
Document Size:	69242

39 STATE OF NEW JERSEY v. JOSEPH R. MAROLDA, SR. -- rank: 795

... production facility, a crime of the first degree, N.J.S.A. 2C:35-4. In return for defendant's plea of guilty, the State agreed to dismiss the remaining ... possession of more than fifty grams of marijuana, N.J.S.A. 2C:5-2 and Fourth Amendment of the United ... and seizure constitutes fruit from the poisonous tree. II. Defendant's Statements Must be Excluded as they were i N violation ... Arizona , Jackson v. Denno , the Fifth Amendment , and New Jersey's Common-Law Right Against Self Incrimination. III. The motion judge ... the arguments raised in Points II and III of defendant's brief. "'Generally, a defendant who pleads guilty is prohibited ...

docket:	A2400-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-12
status:	published
citation:	394 N.J. Super. 430 927 A.2d 154
Document Size:	70582

40 State v. William L. Witt -- rank: 789

... a convicted person. The police initiated a stop of defendant’s car because he did not dim his high beams when ... unreasonable search in violation of the New Jersey Constitution. Defendant’s sole argument was that the police did not have exigent ... back of a patrol car. While Officer Racite searched defendant’s vehicle for “intoxicants,” he found a handgun in ... as follows: the officer had a right to stop defendant’s car based on an “unexpected” occurrence and had probable ... court suppressed the handgun. The Appellate Division granted the State’s motion for leave to appeal and affirmed the suppression of ... App. Div. 2014). The panel declined to address the State’s argument that the exigent-circumstances test in Pena-Flores ...

docket:	A-9-13
court:	NJ Supreme Court
decided:	2015-09-24
status:
citation:
Document Size:	264557

41 ESTATE OF MICHELLE STRUMPH, By et al. v. RICHARD VENTURA, et al. -- rank: 789

... son of their cleaning lady, to help prepare for Willem's first birthday party. Howard heard his wife call for help ... were about to enter the house in response to Jennifer's 911 call when they heard the gunshots. Jennifer ran out ... by then Michelle had expired. Howard filed a 42 U.S.C. §1983 action on Michelle's behalf alleging that the officers and the Voorhees Police Department ... the police response. According to the VPD Dispatch Log, Jennifer's phone call came in at 3:15 p.m., and ... at 4:43 p.m. The Voorhees Fire Department report's narrative section describes the paramedics' activities thusly: [The ambulance] ...

docket:	A0330-03
court:	NJ Superior Court Appellate Division
decided:	2004-05-28
status:	published
citation:	369 N.J. Super. 516 849 A.2d 1095
Document Size:	43586

42 State v. Quinn Marshall -- rank: 786

... further judicial oversight or review. The Court granted the State's petition for certification. 196 N.J. 461 (2008). HELD : The ... neutral and detached magistrate. (pp. 8-11) 3. The State's affidavit in support of the search warrant clearly indicated that ... the warrant was valid, the State cites Maryland v. Garrison , 480 U.S. 79 (1987), State v. Wright , 61 N.J. 146 (1972 ... possession and control." That dictum does not support the State's assertion that it was sufficient to refer only to the ... the warrant. There was no effort to determine King Zeke's legal name or the apartment he resided in at ...

docket:	a-33-08
court:	supreme
decided:	2009-07-21
status:
citation:	199 N.J. 602 974 A.2d 1038
Document Size:	151246

43 MADELINE MUISE,et al. v. GPU, INC. -- rank: 783

... Mr. Greenberg and Gerhard P. Dietrich, on the brief). Doublas S. Eakeley argued the cause for respondents (Lowenstein Sandler, attorneys; Mr ... misrepresentation, violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and strict product liability ... parties do not seem to dispute the Law Division judge's synopsis of the power outages:     The evidence before the court ... reactive power. The power outages were the result of GPU's inability to comply with its own planning criteria, and deferring ... low voltage, overloads and equipment failures.     Plaintiffs assert that GPU's 1998 decision to defer installation of two larger capacity transformers ... composite customer damage function for each region of a utility's service area or other service areas as required to ...

docket:	A2491-03
court:	NJ Superior Court Appellate Division
decided:	2004-07-08
status:	published
citation:	371 N.J. Super. 13 851 A.2d 799
Document Size:	131236

44 State v. Joseph Schubert, Jr. -- rank: 780

... Jersey State Parole Board notified the trial court that defendant’s sentence omitted the statutorily mandated community supervision for life. On ... his sentence constituted double jeopardy. The trial court denied defendant’s petition. The Appellate Division reversed, concluding that the trial court’s action in amending the judgment of conviction violated defendant’s double-jeopardy rights. The Court granted the State’s petition for certification. 208 N.J. 368 (2011). HELD : The trial court’s action in amending defendant’s judgment of conviction to ...

docket:	A-15-11
court:	NJ Supreme Court
decided:	2012-10-22
status:
citation:	212 N.J. 295 53 A.3d 1210
Document Size:	129800

45 State v. Jerry Black -- rank: 780

... appeal is whether, in view of the revocation of Black's parole by the Parole Board, Black's criminal prosecution for absconding from parole is barred by principles ... was indicted for absconding from parole pursuant to N.J.S.A. 2C:29-5b in February 1993.     Black, who had ... guilty to the absconding charge in return for the State's agreement to recommend a three-year sentence to be served ... the Parole Board issued a Notice of Decision revoking Black's parole and ordering him to complete the remaining 337 days ... October 6, 1995. The Appellate Division rejected both of Black's contentions. The Supreme Court granted his petition for certification. ...

docket:	a-53-97
court:	njsupreme
decided:	1998-05-14
status:
citation:	153 N.J. 438
Document Size:	69604