Search Rutgers Law Library N.J. Court Opinions

1771 OF YOUTH AND FAMILY SERVICES v. R.G. and J.G. -- rank: 401

... deference.'" N.J. Div. of Youth & Family Servs. v. R.L. , 388 N.J. Super. 81 , 89 (App. Div. 2006) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... sentence in 2004, approximately six months after Tara's birth. 2 The Division first became aware of the family in July ... U.S. 584 , 603, 99 S. Ct. 2493 , 2504, 61 L. Ed.2d 101 , 119 (1979)). In some cases, severance of the ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a1310-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-21
status:	unpublished
citation:
Document Size:	74360

1772 ROSEMARIE HABICK V. LIBERTY MUTUAL FIRE INC. CO. -- rank: 401

... sought relief from the PIP arbitrator's decision. See footnote 2 The UM arbitrators adjourned any hearing pending the final outcome ... aggravated by the minor injuries she sustained in the October 2, 1992 accident.             I find the reports of [defendant's orthopedic ... N.J.S.A. 39:6A-1 et seq. See L. 1983 c. 362, § 8, amending N.J.S.A. 39 ... of the courts' traditional role as parens patria . Id. at 111, 477 A.2d 1257 .         [135 N.J. at 364.] PIP ... sought (1) TMJ treatment after the PIP cut-off and (2) total knee replacement rather than arthroscopic surgery. Indeed, at the ... 1183 (quoting Restatement (Second) of Judgments § 88 (Tentative Draft No. 2, 1975)). The American Law Institute adopted that standard without ...

docket:	a2795-97
court:	njappellate
decided:	1999-03-31
status:	published
citation:	<a href=
Document Size:	59378

1773 STATE OF NEW JERSEY v. WILLIAM R. BILLINGHAM -- rank: 401

... contrary to N.J.S.A. 2C:12-1(c)(2). We reverse. I. We discern the following facts and procedural history from the record on appeal. At about 2:20 a.m. on March 22, 2009, Billingham rear-ended ... Superintendent of State Police issued an administrative subpoena duces tecum 2 to the hospital, seeking records from Billingham's hospitalization following ... itself and what it had entailed." Asked if he "recall[ed] why they were angry," Lutz replied "that they were angry ... contrary to N.J.S.A. 2C:12-1(c)(2). In September, Billingham filed a motion to suppress the results ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005); State v. Goodman , 415 N. ...

docket:	a5083-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-31
status:	unpublished
citation:
Document Size:	49832

1774 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.B. -- rank: 401

... Division's psychological and intellectual consultation expert, Roger T. Barr, Ed.D., confirmed this dependence, noting defendant required guidance and supervision ... S. 745 , 753, 102 S. Ct. 1388 , 1394-95, 71 L. Ed.2d 599 , 606 (1982) (stating parents have a fundamental liberty ... S. 645 , 651, 92 S. Ct. 1208 , 1212-13, 31 L. Ed.2d 551 , 558-59 (1972); N.J. Div. of Youth ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a1117-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-23
status:	unpublished
citation:
Document Size:	43759

1775 State of New Jersey v. John R. Cummings -- rank: 401

... sustain a conviction under the Refusal Statute. (pp. 6-7) 2. The landscape that informs our consideration of the standard of ... Annmarie Cozzi , Assistant Prosecutor, argued the cause for respondent ( John L. Molinelli , Bergen County Prosecutor, attorney).     JUSTICE RIVERA-SOTO delivered the ... conditional guilty plea to violating the Refusal Statute. See footnote 2 On the charge of violating the Refusal Statute, the municipal ... be imposed administratively, through the then Director of Motor Vehicles. L. 1966, c. 142, § 4 (originally codified at 107 N.J ... of the evidence standard of proof for breathalyzer refusal convictions. L. 1981, c. 512, § 2.” State v. Wright , supra , 107 N.J. at 503 ...

docket:	a-65-04
court:	njsupreme
decided:	2005-06-23
status:
citation:	184 N.J. 84
Document Size:	50692

1776 Michael McDonnell v. State of Illinois, et al. -- rank: 401

... in the Appellate Division.) Argued January 19, 2000 -- Decided March 2, 2000 PER CURIAM     The issue before the Court is whether ... 1) alleged violations of the IDOR Employee Handbook Grievance Procedure; 2) intentional infliction of emotional distress; 3) negligence; and 4) violations ... dismissed McDonnell's complaint finding that: 1) Illinois law applied; 2) New Jersey did not have jurisdiction; 3) the LAD did ... significant public policy of the forum state. (pp. 1-4) 2. Certain provisions of the HRA suggest that McDonnell could have ... BRIAN MCGRAIL,     Defendants-Appellants. Argued January 19, 2000-- Decided March 2, 2000 On certification to the Superior Court, Appellate Division, whose ... for appellants ( Klausner, Hunter & Rosenberg , attorneys; Mr. Klausner and David L. Rosenberg , of counsel and on the brief). Michael J. ...

docket:	a-118-98
court:	njsupreme
decided:	2000-03-02
status:
citation:	163 N.J. 298
Document Size:	30514

1777 Antonio Gonzalez v. Safe and Sound Security Corp., et al. -- rank: 401

... Urban Renewal Associates (ACHURA), the owner of the Schoolhouse Apartments; (2) Safe and Sound Security Corporation (Safe and Sound); (3) the ... and that Gonzalez was not comparatively negligent. The jury awarded $2.36 million in damages. Because the verdict exceeded 120% of ... Third Party-Plaintiff, and ATLANTIC CITY HOUSING & URBAN RENEWAL ASSOCIATIES, L.P. d/b/a THE SCHOOLHOUSE APARTMENTS,     Defendant-Appellant, and ... named as defendants (1) Atlantic City Housing & Urban Renewal Associates, L.P. (ACHURA), the owner of the Schoolhouse Apartments; (2) Safe and Sound Security Corporation (Safe and Sound), the company ... adverse inference from plaintiff’s failure to testify. See footnote 2 The court also charged the jury on ACHURA’s ...

docket:	a-9-04
court:	njsupreme
decided:	2005-09-19
status:
citation:	185 N.J. 100
Document Size:	71496

1778 SHI International Corp. v. Township of Franklin -- rank: 401

... subject property on July 12, 2010 for $11,340,001. 2 At the time of the purchase, SHI was conducting its ... Tax 1981)); see also Byram Twp. v. Western World, Inc. , 111 N.J. 222 (1988). The presumption remains “in place ... ” Transcontinental Gas Pipe Line Corp. v. Township of Bernards , 111 N.J. 507 , 517 (1988). “The presumption of correctness ... 2006). “In the absence of a R. 4:37-2(b) motion . . . the presumption of validity remains in the case ... Appraisal Institute, The Appraisal of Real Estate 81 (11 th ed. 2006)), certif. denied , 168 N.J. 291 (2001). “There ... Appraisal Institute, The Appraisal of Real Estate 445 (13 th ed. 2008). The court finds that the income capitalization approach ...

docket:	07629-09
court:	NJ Tax Court
decided:	2017-04-28
status:	unpublished
citation:
Document Size:	61971

1779 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.F. -- rank: 401

... argues that the Division of Youth and Family Services (Division) 2 failed to present clear and convincing evidence to satisfy its ... children." N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007) (citation and internal quotation ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... currently medicating. We find unpersuasive defendant's reliance on G.L. , supra , and F.M. , supra . In our view, these cases are distinguishable. In G.L. , there was no proof that the mother had harmed her ... was the father who had allegedly shaken the baby. G.L. , supra , 191 N.J. at 607. The mother complied ...

docket:	a5894-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-12
status:	unpublished
citation:
Document Size:	45590

1780 STATE OF NEW JERSEY v. VANDANA RUPANI -- rank: 401

... chemical test (refusal), N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96; leaving ... driveway with its engine running. The car A-2881-19 2 had a flat tire and the front end was damaged ... exit the car. Defendant did not respond and instead 'shuffl[ed] her body around' inside the car. She also did not ... not forcing [her] to enter a plea,' and simply 'want[ed] her to understand the consequences' if she did not. Defendant ... have her case adjourned so she could hire new counsel; (2) whether the municipal court judge should have recused himself, and ... DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS—IGNITION INTERLOCK DEVICES (L. 2019, c. 248). A-2881-19 10 after December ...

docket:	a2881-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
citation:
Document Size:	68352

1781 CAROLINE MCDONALD v. THE AMACORE GROUP INC -- rank: 401

... Court of New Jersey, Law Division, Union County, Docket No. L-0790-09. Angelina Whittington (South Law Group, P.A.) of ... her home, for which she received a "home office adjustment." 2 The terms of the Agreement, in pertinent part, required Amacore ... We review questions of law de novo, see Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... Lines, Inc. v. Shute , 499 U.S. 585 , 593-94, 111 S. Ct. 1522 , 1527, 113 L. Ed.2d 622 , 632 (1991)). A forum selection clause in ...

docket:	a1293-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-20
status:	unpublished
citation:
Document Size:	32027

1782 STATE OF NEW JERSEY V. CHARLES BRENT -- rank: 401

... charged and guilty of the included crime. (pp. 6-9) 2.    The trial court's ability to instruct a jury on ... Assistant Deputy Public Defender, argued the cause for respondent ( Susan L. Reisner , Acting Public Defender, attorney; Mr. Jones and Toni M ... third-degree criminal restraint, N.J.S.A. 2C:13-2, as a lesser-included offense of the first-degree-kidnapping ... court may instruct the jury on an uncharged offense. See 2 Final Report of the New Jersey Criminal Law Revision Commission ... and convicting him of the included offense."); State v. Sloane , 111 N.J. 293 , 299 (1988) ("[W]hen a lesser-included ... required to establish the commission of the offense charged; or         (2) It consists of an attempt or conspiracy to commit ...

docket:	a-119-93
court:	njsupreme
decided:	1994-07-27
status:
citation:	137 N.J. 107
Document Size:	41812

1783 STATE OF NEW JERSEY v. JOHN E. HENNESSY -- rank: 401

... P. Kearns, III, Hunterdon County Prosecutor, attorney for respondent (Jeffrey L. Weinstein, Assistant Prosecutor, of counsel and on the brief). PER ... our review of purely legal issues is plenary. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... 1 , 19-21, 88 S. Ct. 1868 , 1879-80, 20 L. Ed.2d 889 , 905-06 (1968) (seizure of a person); State ... 1994) (quoting Florida v. Bostick , 501 U.S. 429 , 439, 111 S. Ct. 2382 , 2389, 115 L. Ed.2d 389 , 402 (1991)). In applying that test, ...

docket:	a2341-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-22
status:	unpublished
citation:
Document Size:	32671

1784 SUN COAST MERCHANDISE CORPORATION, et al. v. MYRON CORPORATION, et al. -- rank: 401

... of New Jersey, Law Division, Bergen County, Docket No. BER-L-8865-02. Michael S. Stein argued the cause for appellants ... day jury trial, judgment was entered in the amount of $2,792,603.32, which included $700,000 in punitive damages ... commerce. As cogently explained by Professors White and Summers, Article 2 of the UCC "radically altered sales law" and "expand[ed] our conception of a contract." White and Summers, Uniform Commercial Code (5th ed.) § 1-2 at page 51. The heart of this revolutionary change ...

docket:	A2965-04
court:	NJ Superior Court Appellate Division
decided:	2007-05-15
status:	published
citation:
Document Size:	57000

1785 IN THE MATTER OF ROBERT RUFFIN -- rank: 401

... access to Ancora's facilities during the suspension. On December 2, 2010, PERC issued an order permitting Ruffin access to Ancora ... dismiss Ruffin's appeal for lack of jurisdiction. On March 2, 2012, the ALJ heard arguments on DHS's motion. DHS ... would be addressed by a Joint Union Management Panel (JUMP). 2 Ruffin argued that his reduced suspension was inappropriate because the ... to the Commission pursuant to N.J.A.C. 4A:2-3.7. Finally, the ALJ found that although the CBA ... service employees' major disciplinary violations. N.J.A.C. 4A:2-2.8. As described above, major discipline includes suspensions or ...

docket:	a5066-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-28
status:	unpublished
citation:
Document Size:	27408