Search Rutgers Law Library N.J. Court Opinions

226 COSTELLO V. OCEAN CITY OBSERVER -- rank: 650

... of the judicial or other official proceedings. (pp. 9-12) 2.    The fair-report privilege will not protect a story if ... search of Fesl after she was arrested. The complaint states:     111.    On May 17, 1988, Plaintiff was unlawfully arrested in the ... his telephone conversations with Andrews.     The first conversation occurred at l:00 p.m. At that time, Hoffman could recall only ... of a fight between Fesl and her sister at about 2:30 a.m. May 17, 1990 [sic].             The claim following ... actual malice by clear and convincing evidence. We granted certification, l 34 N.J. 559 (1993). II     "[T]he fear of ... or order as a matter of law." R. 4:46-2. In our review of the defendants' summary-judgment motion, " ...

docket:	a-107-93
court:	njsupreme
decided:	1994-07-20
status:
citation:	136 N.J. 594
Document Size:	77981

227 In the Matter of D.C. and D.C., Minors -- rank: 650

... grades and his behavior greatly improved in Nellie’s care. 2 In June 2008 , the trial court held that the twins ... Grandparent and Sibling Visitation Statute, N.J.S.A. 9:2-7.1 (Visitation Statute) was enacted in 1972. By 1993 ... necessary to the emotional health of children. (pp. 13-20) 2. The Child Placement Bill of Rights Act, N.J.S ... now reverse and remand. I. In June 2005, Nina Carson 2 gave birth to the twin daughters, Dana and Donna, who ... at the foster mother’s discretion. The judge “suggest[ed]” that CASA be involved in the visitation arrangements. The ... denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004); Mimkon v. Ford , 66 N. ...

docket:	a-71-09
court:	New Jersey Supreme Court
decided:	2010-09-29
status:
citation:	203 N.J. 545 4 A.3d 1004
Document Size:	113659

228 SOUTH JERSEY CATHOLIC SCHOOL TEACHERS ASSOC. VS ST. TERESA OF THE INFANT JESUS CHURCH ELEMENTARY SCHOOL -- rank: 650

... appellant (Spear, Wilderman, Borish, Endy, Spear and Runckel, attorneys; Katherine L. Schreiber, of counsel and on the brief).         Martin F. McKernan ... Frank W. Hunger, Assistant Attorney General, Michael Jay Singer, John L. Jacobus and Ms. Millett, on the brief).         Marc D. Stern ... regulation is attacked as violative of the federal Supremacy Clause; (2) claim or choice-of-law preemption, where federal law must ... Chicago , 440 U.S. 490 , 99 S.Ct. 1313 , 59 L. Ed.2d 533 (1979), the Supreme Court addressed the question whether ... U.S. at 504-07, 99 S.Ct. 1313 , 59 L. Ed. 2d at 543-545. Catholic Bishop was decided ...

docket:	a2593-94
court:	njappellate
decided:	1996-05-16
status:	published published
citation:	290 N.J.Super. 359
Document Size:	103030

229 State v.Josephine Castagna, et al. -- rank: 650

... the Court is the issue of ineffective assistance of counsel. 2 Sometime after 1 :00 a.m. on October 24, 1999 ... caused Arias to change her statement. (Pp. 17 – 21) 2. Although defendants were not permitted to refer to the polygraph ... below an objective standard of reasonableness,” and if so, (2) whether there exists a “reasonable probability that, but for ... the cause for respondent Josephine Castagna ( Ruhnke & Barrett , attorneys). Alan L. Zegas argued the cause for respondent Thomas D'Amico ( Mr ... second-degree official misconduct, N.J.S.A. 2C:30-2 (a) and (b), and fourth-degree obstruction of justice, N ... degree reckless manslaughter, N.J.S.A. 2C:43-7.2. Arias, Gentile, and Perrotti each received a seven-year ...

docket:	a-13-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	104274

230 Kubis & Perszyk Associates, Inc. v. Sun Microsystems, Inc. -- rank: 648

... a franchise subject to the Franchise Act. (pp. 7-11) 2. The Franchise Act was enacted in an attempt to remedy ... cause for respondents ( McCarter & English , attorneys; Mr. Berry and Teresa L. Moore , on the brief).     The opinion of the Court was ... at 342 (quoting Restatement (Second) of Conflict of Laws § 187(2)(b) (1969)).     The franchise agreement involved in this appeal also ... denied , 415 U.S. 920 , 94 S. Ct. 1421 , 39 L. Ed.2d 475 (1974).     At the legislative hearing preceding enactment of ... s fees. Ibid.     In 1989, the Legislature amended the Act, L. 1989, c. 24, specifically to enhance the protection afforded ...

docket:	a-104-95
court:	njsupreme
decided:	1996-07-23
status:
citation:	146 N.J. 176
Document Size:	89737

231 State of New Jersey v. Mylee Cottle -- rank: 648

... been summarized). State of New Jersey v. Mylee Cottle (A-111-06) Argued October 22, 2007 -- Decided May 6, 2008 ALBIN ... defendant being prosecuted by the Essex County Prosecutor’s Office. 2 In May 1995 , defendant Mylee Cottle, then seventeen years old ... Cottle or his family knew about Olitsky’s PTI status. 2 On December 9 , 1996, the first day of Cottle’s ... conviction, and this Court denied Cottle’s petition for certification. 2 In December 2001 , Cottle filed a petition for post-conviction ... global plea deal with the Essex County Prosecutor’s Office. 2 In April 2005 , the PCR judge denied the application and ... in writing, after full disclosure and consultation. (Pp. 19—20). 2. When Olitsky was retained, he did not mention that ...

docket:	a-111-06
court:
decided:	2008-05-06
status:
citation:	194 N.J. 449
Document Size:	111793

232 Muhammad v. County Bank of Rehoboth Beach, Delaware -- rank: 648

... 2006 LaVECCHIA, J., writing for a majority of the Court. 2 On May 23 , 2003, plaintiff Jaliyah Muhammad received a short ... complete and sign three pages of standard form contracts. The 2-page LOAN APPLICATION form contained the arbitration agreement, which included ... NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS.” 2 In February 2004 , Muhammad filed a putative class-action suit ... and thus invalid, under New Jersey law. (pp. 11-15) 2. The essential nature of a contract of adhesion is that ... sensitive examination into (1) the subject matter of the contract, (2) the parties’ relative bargaining positions, (3) the degree of economic ... denied , 506 U.S. 871 , 113 S. Ct. 203 , 121 L. Ed.2d 145 (1992), we hold that the class- ...

docket:	a-39-05
court:
decided:	2006-08-09
status:
citation:	*CITE_PENDING*
Document Size:	103136

233 State of New Jersey v. Askia Nash -- rank: 648

... twelve-year-old special education students, J.B. and K.L., accused Nash of sexually assaulting them. K.L. claimed that on one occasion while he was helping Nash ... endangering the welfare of a child with regard to K.L. Nash was sentenced to twenty-two years in State prison ... by sufficient credible evidence in the record. (pp. 22-30) 2. With regard to Nash’s claims of newly discovered evidence ... the issue and not merely cumulative or impeaching or contradictory; (2) discovered since the trial and not discoverable by reasonable diligence ... and his ability to defend against the claim by K.L. also was compromised. Therefore, the Court reverses on all ...

docket:	a-36-11
court:	NJ Supreme Court
decided:	2013-01-22
status:
citation:	212 N.J. 518 58 A.3d 705
Document Size:	113255

234 STATE V. JOSEPH HARRIS -- rank: 648

... when defendant chose not to plead guilty. (pp. 7-10) 2.    The trial court did not err in refusing to dismiss ... Assistant Deputy Public Defenders, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Joseph Connor, Jr. , Assistant Prosecutor, argued ... defendant rejected a plea offer with a non-capital sentence; (2) the trial judge incorrectly charged the jury on the form ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989), we noted that Gregg v. Georgia , 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976), holds that "the federal Constitution ...

docket:	a-3-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 525
Document Size:	152093

235 EDMUND T. & BARBARA KARAM VS STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL -- rank: 648

... of the coastal area." N.J.S.A. 13:19-2. The DEP was empowered to adopt and amend rules and ... the DEP adopted N.J.A.C. 7:7E-3.2(d), which prohibits the construction of docks in certain classified ... human consumption. See N.J.A.C. 7:12-1.2 and N.J.A.C. 7:12-3.2. In 1993, the DEP's Bureau of Shellfisheries again surveyed ... U.S. 164 , 175, 100 S.Ct. 383 , 390, 62 L.Ed.2d 332 , 343 (1979); see also Gardner v. New ...

docket:	a1982-96
court:	njappellate
decided:	1998-02-13
status:	published
citation:	308 N.J.Super. 225
Document Size:	51769

236 ALAN BEEGAL, et al. v. PARK WEST GALLERY, PARK WEST AT SEA -- rank: 648

... the Superior Court of New Jersey, Law Division, Burlington County, L-3304-01. Douglas S. Eakeley argued the cause for appellants ... is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the ... S. 682 , 700-01, 99 S. Ct. 2545 , 2558, 61 L. Ed.2d 176 , 193 (1979)), and is an "'invention of equity ... U.S. 32 , 41, 61 S. Ct. 115 , 118, 85 L. Ed.2d 22 , 27 (1940)). It "level[s] the playing ...

docket:	A1428-06
court:	NJ Superior Court Appellate Division
decided:	2007-06-22
status:	published
citation:	394 N.J. Super. 98 925 A.2d 684
Document Size:	102595

237 DONALD TRUMP v. TIMOTHY L. O'BRIEN -- rank: 648

... 2011 APPELLATE DIVISION ONALD J. TRUMP, Plaintiff-Appellant, v. TIMOTHY L. O'BRIEN, TIME WARNER BOOK GROUP, INC., and WARNER BOOKS ... Court of New Jersey, Law Division, Camden County, Docket No. L- 545-06. Karen A. Confoy argued the cause for appellant ... S. Helms on the brief). Andrew J. Ceresney (Debevoise & Plimpton L.L.P.) of the New York bar, admitted pro hac vice, argued the cause for respondents (Reed Smith L.L.P. and Mr. Ceresney, attorneys; Mr. Ceresney, Mary Jo ...

docket:	a6141-08
court:	NJ Superior Court Appellate Division
decided:	2011-09-07
status:	published
citation:	422 N.J. Super. 540 29 A.3d 1090
Document Size:	65395

238 STATE OF NEW JERSEY v. M.C -- rank: 648

... aggravated sexual assault under N.J.S.A. 2C:14-2(a)(7) and remand for resentencing on those charges. I ... E.W. was charged in an indictment with first-degree 2 A-1137-15T1 kidnapping, N.J.S.A. 2C:13 ... physical force or coercion, N.J.S.A. 2C:14-2(a)(5), first-degree sexual assault upon a victim E ... known, was mentally defective, N.J.S.A. 2C:14-2(a)(7), second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and third-degree witness tampering, N.J.S ... physical force or coercion, N.J.S.A. 2C:14-2(a)(5), first-degree sexual assault upon a victim ...

docket:	a1137-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-03
status:
citation:
Document Size:	100665

239 Cornblatt v. Barow -- rank: 648

... opinion may not have been summarized). Cornblatt v. Barow (A-111-97) Argued November 3, 1997 -- Decided March 19, 1998 Handler ... of Merit Bill. 303 N.J. Super. 81 (1997).         Hilton L. Stein argued the cause for appellant ( Mr. Stein and Wilbert ... for respondent ( Greenbaum, Rowe, Smith, Ravin, Davis & Himmel , attorneys; Richard L. Hertzberg , on the brief).         Abbott S. Brown argued the cause ... of New Jersey ( Brown & Gold , attorneys; Mr. Brown and William L. Gold on the brief).         Christopher J. Carey submitted a brief ... imposed requirements for initiating and maintaining certain professional malpractice actions. L. 1995, c. 139 (codified at N.J.S.A. 2A ... 1995). The package included the Joint And-Several Liability Bill, L. 1995, c. 140 (amending N.J.S.A. 2A: ...

docket:	a-111-97
court:	njsupreme
decided:	1998-03-19
status:
citation:	153 N.J. 218
Document Size:	77802

240 Martha Mogull v. CB Commercial Real Estate Group, Inc., et als. -- rank: 648

... employer was merely a pretext for discrimination. (pp. 16-18) 2. Because CB made no objection to the jury instructions or ... is reported at 319 N.J. Super. 53 (1999).          Bruce L. Atkins argued the cause for appellant ( Contant, Scherby & Atkins , attorneys ... 800. She claimed that CB therefore owed her $100,000.     2.      CBS     In 1990, Mogull learned that in 1987 Appel had ... and that the lease involved space in the same development.     2.      Allstate     During the 1980s, Allstate was a substantial client for ... awarded plaintiff $5,000,000 in punitive damages.     On December 2, 1996, an order was entered in favor of plaintiff and ... was entered March 27, 1997. Defendants appealed from the December 2, 1996, and March 27, 1997 orders, and Mogull cross- ...

docket:	a-107-98
court:	njsupreme
decided:	2000-02-16
status:
citation:	162 N.J. 449
Document Size:	72016