Search Rutgers Law Library N.J. Court Opinions

16 RAR DEVELOPMENT ASSOCIATES v. NEW JERSEY SCHOOLS CONSTRUCTION CORPORATION -- rank: 866

... The trial court rejected these claims, as well as plaintiff's argument that the State should be estopped from avoiding responsibility ... this case, and that the record does not support plaintiff's tortious interference and equitable estoppel claims. Accordingly, we affirm. I ... Folding Box Company (NYF) held the largest leasehold interest. NYF's use of its space, about 109,000 square feet, dated to at least 1976. NYF renewed ... proceed with demolition. It informed the tenants that the State's relocation consultant would be available to explain the process and ... State advised the tenants to continue paying their rent. NYF's operation included the use of substantial industrial machinery. NYF ...

docket:	a0057-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-09
status:	unpublished
citation:
Document Size:	110650

17 State of New Jersey v. Robert R. Simon -- rank: 863

... writing for a majority of the Court.     This is Simon's direct appeal from his conviction for capital murder and his ... in the vehicle with a bullet hole through them. Simon's Social Security Card and Staples' driver's license were found underneath Sergeant Gonzalez's leg with a bullet hole through them. An expert testified ... will. Simon indicated that he had seen the Warlock member's gesture in court, and had spoken to someone later that ... plead guilty in order to help Staples.     Based on Simon's statements, the trial court decided to proceed with the ...

docket:	a-149-97
court:	njsupreme
decided:	1999-08-11
status:
citation:	161 N.J. 416
Document Size:	211768

18 Abbott v. Burke -- rank: 857

... 3 in aid of litigants’ rights based on the State’s failure to fully fund the School Funding Reform Act of 2008 (SFRA), N.J.S.A. 18A:7F-43 to -63. The schoolchildren who comprise ... the education funding and services required to ameliorate the class’s constitutional deprivation. The State has for decades recognized the special ... plaintiff class of pupils, and its compliance with this Court’s remedial orders demonstrates its recognition that plaintiffs’ constitutionally based remedies ... and authorized the State to implement in Abbott districts SFRA’s level of funding. Abbott v. Burke , 199 N.J. 140 ... exchange of remedial orders correcting constitutional deprivations for the State’s alternative -- SFRA funding -- did not alter the constitutional underpinnings ...

docket:	M-1293-09_8
court:	NJ Supreme Court
decided:	2011-05-24
status:
citation:
Document Size:	669492

19 STATE v. O'HAGEN -- rank: 857

... Jersey DNA Database and Databank Act of 1994, N.J.S.A . 53:1-20.17 - 20.28 (Act), as amended, violates rights guaranteed by the Fourth and Fourteenth Amendment s to the United States Constitution and Article I, Paragraphs 1 ... innocent were served by the Act. In balancing the State's interest in obtaining DNA against the defendant's right to privacy, the Appellate Division concluded that any intrusion ... of privacy was minimal and was outweighed by the State's need to deter and detect recidivist offenders and the public's interest in promptly identifying and accurately prosecuting the perpetrators ...

docket:	a-70-05
court:	njsupreme
decided:	2007-01-24
status:
citation:	189 N.J. 140
Document Size:	114936

20 Hamilton Amusement Center v. Verniero -- rank: 857

... the Court.     This appeal challenges the constitutionality of N.J.S.A. 2C:34-7c, which restricts the size, number, and ... later codified, that directly affects those signs. Specifically, N.J.S.A. 2C:34-7, alleging that the restrictions contained in the statute violated the First Amendment to the U.S. Constitution and Article I of the New Jersey Constitution. Hamilton ... general nature of the establishment.     The Supreme Court granted Hamilton's petition for certification. HELD: The limitations on signage contained in N.J.S.A. 2C:34-7c represent constitutional limitations of commercial speech. 1. New Jersey's constitutional free speech clause is ordinarily interpreted to be ...

docket:	a-64-97
court:	njsupreme
decided:	1998-07-21
status:
citation:	156 N.J. 254
Document Size:	109122

21 ABBOTT v. BURKE -- rank: 857

... 3 in aid of litigants’ rights based on the State’s failure to fully fund the School Funding Reform Act of 2008 (SFRA), N.J.S.A. 18A:7F-43 to -63. The schoolchildren who comprise ... the education funding and services required to ameliorate the class’s constitutional deprivation. The State has for decades recognized the special ... plaintiff class of pupils, and its compliance with this Court’s remedial orders demonstrates its recognition that plaintiffs’ constitutionally based remedies ... and authorized the State to implement in Abbott districts SFRA’s level of funding. Abbott v. Burke , 199 N.J. 140 ... exchange of remedial orders correcting constitutional deprivations for the State’s alternative -- SFRA funding -- did not alter the constitutional underpinnings ...

docket:	m-1293-09_5
court:	NJ Supreme Court
decided:	2011-05-24
status:
citation:
Document Size:	669616

22 LOUIS HORNBERGER, ROBERT TONKERY et al. v. AMERICAN BROADCASTING COMPANIES, INC., et al. -- rank: 848

... argued the cause for appellant (Lynch, Teitelbaum & Geldhauser, attorneys; Howard S. Teitelbaum and Mr. Johnson, of counsel and on the brief ... men out of the car, frisked them, searched the car's interior, found no contraband, and released them. Defendant Diane Armstrong, Jason Armstrong's mother, owned the Mercedes.     Defendants Joan Martelli and Anna Sims ... Richard Wald, an ABC vice president, and John Zucker, ABC's attorney, approved the use of the hidden cameras.     With the ... New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34; and (3) defendants fraudulently ... prove an actionable fraud claim. We agree with the judge's disposition and affirm. I The "DWB" Broadcast .. November 27, ...

docket:	A0783-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-21
status:	published
citation:	351 N.J. Super. 577 799 A.2d 566
Document Size:	138284

23 KERRY FLETCHER v. CAMDEN COUNTY PROSECUTOR'S OFFICE -- rank: 848

... FLETCHER and RHASUN ALLAH, Plaintiffs-Appellants, vs. CAMDEN COUNTY PROSECUTOR'S OFFICE, and SERGEANT ALVA GRIMES, LIEUTENANT M. MANGOLD, and LIEUTENANT M. NICHOLAS of the CAMDEN COUNTY PROSECUTOR'S OFFICE, Defendants-Respondents, and CAMDEN CITY POLICE DEPARTMENT, INVESTIGATOR TERRY ... KING and INVESTIGATOR J. DUNLAP of the CAMDEN COUNTY PROSECUTOR'S OFFICE, CITY OF CAMDEN, and COUNTY OF CAMDEN, Defendants. __________________________________ T ... with undue and unnecessary force; the State argues the police's treatment of plaintiffs was entirely reasonable under the circumstances. The ... approximately 9:15 a.m., Fletcher and Allah left Fletcher's room and entered Fletcher's car. Just as Fletcher started to back out of ...

docket:	a0385-09
court:	NJ Superior Court Appellate Division
decided:	2010-10-27
status:
citation:
Document Size:	72619

24 James Dale v. Boy Scouts of America, and Monmouth Council, Boy Scouts of America -- rank: 842

... Court.     The issue in this appeal is whether New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, prohibits Boy Scouts of ... LAD prohibition applies, the Court also must determine whether BSA's First Amendment rights are thereby violated.     BSA is a federally ... eighty-seven million youths and adults have joined BSA. BSA's success in attracting members is attributable, in part, to its ... aggressive recruitment through national television, radio, and magazine campaigns. BSA's mission, as set forth in its Mission Statement, is “to ... them to make ethical choices over their lifetime....” Notwithstanding BSA's encouragement of its members' ethical development, BSA does not ...

docket:	a-195-97
court:	njsupreme
decided:	1999-08-04
status:
citation:	160 N.J. 562
Document Size:	245074

25 ABDEL SALEH v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 829

... of the proceedings that resulted in the Department of Correction's transfer of inmate Abdel Saleh to an out-of-state ... which the courts of this State have recognized an inmate's due process rights. A In two noteworthy decisions, a divided ... that neither an intrastate transfer, Meachum v. Fano , 427 U.S. 215 , 96 S. Ct. 2532 , 49 L. Ed.2d 451 (1976), nor an interstate transfer, Olim v. Wakinekona , 461 U.S. 238 , 103 S. Ct. 1741 , 75 L. Ed.2d ...

docket:	a0620-07
court:	NJ Superior Court Appellate Division
decided:	2008-09-22
status:	unpublished
citation:
Document Size:	106454

26 Burgosv. State of New Jersey -- rank: 826

... enforceable contract that is entitled to constitutional protection. The State’s public pension systems are defined-benefit plans, which guarantee participants ... amount of benefits payable upon retirement based on the participant’s salary and time spent in the pension system. The benefits ... added language explicitly declaring that each member of the State’s pension systems “shall have a contractual right to the ... proposed budget, which also included funding to satisfy the State’s required payment (i.e., 4/7 of the ARC). On ... The next day, citing new information that placed the State’s projected revenue at less than previous projections, the State Treasurer ... then-imminently concluding FY14, the Law Division upheld the Governor’s determination not to make the required FY14 ARC payment, ...

docket:	A-55-04
court:	NJ Supreme Court
decided:	2015-06-09
status:
citation:
Document Size:	384416

27 State v. Ambrose A. Harris -- rank: 826

... this capital case, Ambrose Harris appeals from the trial court’s denial of his petition for post-conviction relief (PCR). Ordinarily, the Court’s review would be based on the findings and conclusions of ... what the court did. The statements reveal the PCR court’s disdain for Harris and a preordained view that its role ... sentencing system is meaningless. The nature of the trial court’s comments raise the issue whether the Court can affirm a ... of the sentence rests elsewhere. Caldwell v. Mississippi , 472 U.S. 320 , 105 S. Ct. 2633 , 86 L.Ed.2d 231 (1985). This ...

docket:	a-94-02
court:	New Jersey Supreme Court
decided:	2004-10-19
status:
citation:
Document Size:	346503

28 Burgos v. State of New Jersey -- rank: 826

... enforceable contract that is entitled to constitutional protection. The State’s public pension systems are defined-benefit plans, which guarantee participants ... amount of benefits payable upon retirement based on the participant’s salary and time spent in the pension system. The benefits ... added language explicitly declaring that each member of the State’s pension systems “shall have a contractual right to the ... proposed budget, which also included funding to satisfy the State’s required payment (i.e., 4/7 of the ARC). On ... The next day, citing new information that placed the State’s projected revenue at less than previous projections, the State Treasurer ... then-imminently concluding FY14, the Law Division upheld the Governor’s determination not to make the required FY14 ARC payment, ...

docket:	A-55-14
court:	NJ Supreme Court
decided:	2015-06-09
status:
citation:	222 N.J. 175 118 A.3d 270
Document Size:	209909

29 State v. Steven R. Fortin -- rank: 823

... young sons of the motel clerk and a friend. Padilla’s body was found 500 feet from the motel inside one ... that were consistent with forceful penetration. A fracture in Padilla’s hyoid bone and other injuries revealed that she had been ... At approximately 11:15 p.m., Fortin returned to Bennett’s apartment looking for Archer. He left the apartment a few minutes later. Fortin’s walk back to the Douglas Motel would have set him ... arrested for sexually assaulting Maine State Trooper Vicki Gardner. Fortin’s savage assault on Trooper Gardner became the centerpiece of the State’s case.     On the evening of April 3, 1995, Trooper ...

docket:	a-31-01
court:	njsupreme
decided:	2004-02-03
status:
citation:	178 N.J. 540
Document Size:	234908

30 G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc. -- rank: 823

... Mountaintop Media) – to work on the campaign opposing Stack’s election. During the course of his investigation, Mr. Shaftan learned of G.D.’s 1993 drug conviction, and at some point obtained the judgment ... defamatory. The trial court denied defendants’ and G.D.’s motions, substantially because the discovery process was in its incipient ... hard conclusions. The Appellate Division granted both G.D.’s and defendants’ motions for leave to appeal. The appellate panel ... in favor of defendants, dismissing all of G.D.’s claims. The panel reasoned that because the information in the ... cause of action. The panel also rejected G.D.’s argument that inaccuracies in the flyers stripped defendants of ...

docket:	a-85-09
court:	New Jersey Supreme Court
decided:	2011-01-31
status:
citation:	205 N.J. 275 15 A.3d 300
Document Size:	158272