Search Rutgers Law Library N.J. Court Opinions

646 GRACE AYBAR VS NEW JERSEY TRANSIT BUS OPERATIONS, INC. ET AL -- rank: 538

... Employee Retirement Income and Social Security Act (ERISA). See footnote 2 In a well-reasoned oral decision, the trial judge concluded ... you or your dependent caused by a third party and (2) which you or your dependent later recover from the third ... issued thereunder, [1] which relates to health insurance or plans [2] to the extent that such law or regulation is inconsistent ... obtain in light of N.J.S.A. 59:9-2(e)'s anti-subrogation clause. Id. at 455. See footnote ... that the "anti-subrogation" provision of 498 U.S. 52, 111 S. Ct. 403 , 112 L. Ed.2d 356 (1990); NALC Health Benefit Plan v. ...

docket:	a7575-95
court:	njappellate
decided:	1997-10-14
status:	published
citation:	305 N.J.Super. 32
Document Size:	32674

647 Rosenthal & Rosenthal, Inc., v. Vanessa Benun, et al. -- rank: 538

... nonetheless proceeds to make optional advances to a commercial entity. 2 In March 2005 , another of the Jazz Entities, Ribi Tech ... the Monmouth County Clerk’s Office on April 12, 2005. 2 In March 2007 , Riker, Danzig, Scherer, Hyland & Perretti, L.L.P. (Riker), a law firm providing legal services to Jack ... first mortgagee’s subsequent advances were optional or obligatory; and (2) whether the first mortgagee had notice, either actual or constructive ... actual notice -- of the second, intervening mortgage. (pp. 13-15) 2. For the most part, New Jersey law tracks the ...

docket:	A-6-15
court:	NJ Supreme Court
decided:	2016-07-21
status:
citation:	226 N.J. 41 140 A.3d 547
Document Size:	95176

648 STATE OF NEW JERSEY v. HOPETON B. BROWN, JR. -- rank: 538

... Andrew C. Carey, Middlesex County Prosecutor, attorney for respondent (Susan L. Berkow, Special Assistant Prosecutor, of counsel and on the briefs ... conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1(a), and fourth ... Early Release Act, N.J.S.A. 2C:43-7.2. In brief, the prosecution arose out of an incident shortly ... 621 (1994) (citing Pennsylvania v. Mimms , 434 U.S. 106 , 111-12, 98 S. Ct. 330 , 334, 54 L. Ed.2d 331 , 338 (1977)). Accordingly, the officer was "entitled ...

docket:	a2466-13
court:	NJ Superior Court Appellate Division
decided:	2017-08-01
status:	unpublished
citation:
Document Size:	61278

649 STATE OF NEW JERSEY v. WENDELL PITTMAN -- rank: 538

... to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count five ... Release Act (NERA), N.J.S.A. 2C:43-7.2; concurrent seven-year terms for the aggravated assault and conspiracy ... went to a restaurant on Throop Avenue in New Brunswick. 2 According to Gaines, who knew defendant as "Sheik," once outside ... Washington , 466 U.S. 668, 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984)] test - - that I have to take into ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 683 (1984); State v. Fritz , 105 ...

docket:	a5030-08
court:	superior court appellate division
decided:	2011-02-03
status:	unpublished
citation:
Document Size:	62017

650 IN THE MATTER COMMITMENT OF R.S., Petitioner-Appellant. -- rank: 535

... J.S.A. 30:4-27.24 to -27.37; L. 1998, c. 71, effective date August 12, 1999; see In ... Treatment of Sexual Offenders in New Jersey , 24 Seton Hall L. Rev. 1 (1999).     Appellant R.S. was committed to the ... J.S.A. 2C:47-1 to -10. On August 2, 1989 R.S. was sentenced to a five-year probationary ... be (1) published and made available for others to review, (2) proven to be reliable, (3) validated and cross- validated, (4 ... s correlation coefficient, Berlin explained that it indicated that only 2% of what determined whether or not someone would recidivate was ... denied , 528 U.S. 1085 , 120 S. Ct. 811 , 145 L. Ed.2d 683 (2000) (DNA evidence). This review may ...

docket:	a6870-99
court:	njappellate
decided:	2001-04-20
status:	published
citation:	339 N.J. Super. 507
Document Size:	97435

651 CARE ONE, LLC, v. ADINA STRAUS -- rank: 535

... 20 and A-1221-20 (Cole Schotz PC and K&L Gates LLP, attorneys; Michael D. Sirota, Warren A. Usatine, Rosemary ... M. Sauer, on the briefs). Thomas P. Scrivo and Christopher L. Weiss argued the cause for respondents in A-1215-20 ... 2009 GST Trust; Thomas P. Scrivo, James DiGiulio and Christopher L. Weiss, of counsel and on the joint brief; Julia E ... their first names. We mean no disrespect. A-1215-20 2 majority and sole managing member of Care One, who controlled ... owned a 4.412 percent interest in Care One; and (2) amended the Care One operating agreement to establish a formula ... rather than the 'fair market value' of the membership interests,2 and, if fair market value was the appropriate amount, ...

docket:	a1215-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-18
status:	Unpublished
citation:
Document Size:	114486

652 STATE OF NEW JERSEY v. L.W. -- rank: 535

... 5496-03T45496-03T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. L.W., Defendant-Appellant. _______________________________ Submitted: February 26, 2007 - Decided March 28, 2007 Before Judges S.L. Reisner, Seltzer and King. On appeal from the Superior Court ... was returned by a Passaic County grand jury against defendant, L.W. He was charged with: Count one - aggravated sexual assault ... 497 U.S. 805 , 822, 110 S. Ct. 3139 , 3150, 111 L. Ed.2d 638 , 657 (1990). Among the factors to be ...

docket:	a5496-03
court:	njappellate
decided:	2007-03-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73634

653 STATE OF NEW JERSEY v. PETER THOMAS a.k.a. ISAAC THOMAS, -- rank: 535

... THOMAS a.k.a. ISAAC THOMAS,         Defendant-Appellant.         Submitted April 2, 2003 - Decided July 3, 2003         Before Judges Wefing, Lisa and ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We will address the motions referred to in Points II ... se written motions: (1) to suppress evidence and return property, (2) for waiver of counsel and self-representation, (3) for fingerprint ... California , 422 U.S. 806 , 95 S. Ct. 2525 , 45 L. Ed.2d 562 (1975). We have summarized the waiver procedure ...

docket:	a5967-00
court:	njappellate
decided:	2003-07-03
status:	published
citation:	362 N.J. Super. 229
Document Size:	41306

654 SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 535

... Hardyston Township, Sussex County. It is allowed to discharge between 2.5 and 3.0 million gallons per day (MGD) of ... affected portion of the Wallkill is classified as a Freshwater 2, Non-Trout river, pursuant to N.J.A.C. 7 ... exceed the instream water quality criteria of 0.1 mg/L [milligram/liter]." For a period of fifty-nine months, the ... interim monthly average phosphorus effluent limitation of 1.0 mg/L per 2.5 MGD discharge, and upon expiration of the fifty-nine ... period, final monthly average phosphorus effluent limitations of .22 mg/L per 2. 5 MGD discharge and 2 mg/L ...

docket:	a4723-05
court:	njappellate
decided:	2007-06-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98915

655 SPECIAL CARE OF NEW JERSEY, INC., Petitioner-Appellant v. BOARD OF REVIEW et al. -- rank: 535

... Jr., Attorney General of New Jersey, attorney for respondent (Joseph L. Yannotti, Assistant Attorney General, of counsel; Ellen A. Reichart, Deputy ... Under the Supremacy Clause, U.S. Const. , art. VI, cl. 2, "state laws that 'interfere with, or are contrary to the ... Wisconsin Pub. Intervenor v. Mortier , 501 U.S. 597 , 604, 111 S.Ct. 2476 , 2481, 115 L.Ed.2d 532 , 542 (1991) (quoting Gibbons v. Ogden , 22 U.S. (9 Wheat.) 1, 211, 6 L.Ed. 23 , 73 (1824))). When Congress has not expressly ...

docket:	a6870-97
court:	njappellate
decided:	2000-01-10
status:	published
citation:	327 N.J.Super. 197
Document Size:	28985

656 ESTATE OF MICHELLE STRUMPH, By et al. v. RICHARD VENTURA, et al. -- rank: 535

... of New Jersey, Law Division, Camden County, Docket No. CAM-L-5739-01. Jacobs & Barbone, attorneys for appellant (Louis M. Barbone ... Palm, attorneys for respondents (William A. Garrigle, of counsel; Cynthia L. Sozio, on the brief).     The opinion of the court is ... within 5 minutes of the onset, and the ambulance arrived 2 minutes later. The development of information from an eye witness ... U.S. 189 , 195, 109 S. Ct. 998 , 1003, 103 L. Ed.2d 249 , 258 (1989) ( DeShaney ).     In DeShaney , the plaintiff was ... individual." Id. at 196, 109 S. Ct. at 1003, 103 L. Ed. 2d at 259. Since states have no affirmative ...

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

657 IN THE MATTER OF THE ARBITRATION BETWEEN: TRETINA PRINTING, INC., V. FITZPATRICK AND ASSOCIATES, INC. -- rank: 535

... contract, the parties agreed to a "guaranteed maximum price" of $2,566,050, including any corrective work and a $200,000 ... award, the arbitrator's award is upheld. (pp. 6-13) 2.    The dissent's reliance on Section 9 of the Act ... The parties agreed to a "guaranteed maximum price" (GMP) of $2,566,050, which reflected a guarantee by Fitzpatrick that the ... of the construction. By that time, Tretina had paid Fitzpatrick $2,119,819. Thus, under the contract terms, at the time ... forth in Held [v. Comfort Bus Line , 136 N.J.L. 640 (Sup. Ct. 1948)]. That formulation requires that the arbitrators ... enable the court to correct simple arithmetical errors, such as 2 + 2 = 5, or obvious mistakes in identification, such as ...

docket:	a-30-93
court:	njsupreme
decided:	1994-05-04
status:
citation:	135 N.J. 349
Document Size:	69006

658 NEW JERSEY STATE ASSOCIATION OF NURSE ANESTHETISTS, INC. v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS -- rank: 535

... from Superior Court of New Jersey, Law Division, Middlesex County, L-26-03. S. Elaine McChesney (Bingham McCutchen) of the Massachusetts ... the arbitrators." See 9 U.S.C.A. §10 (a)(2); See footnote 1 The issue presented to us in this ... Piano's claims were dismissed in their entirety.     On January 2, 2003, Del Piano filed a complaint in the Superior Court ... S. 938 , 947-8, 115 S. Ct. 1920 , 1926, 131 L. Ed.2d 985 , 995-96 (1995) (review of arbitration award requires ... FAA) applied to it. See 9 U.S.C.A. §2 . If the issue within the arbitration concerned the right ...

docket:	a2729-02
court:	njappellate
decided:	2004-11-03
status:	published
citation:	372 N.J. Super. 503
Document Size:	38108

659 ROSS A. CROGHAN v. NEW JERSEY RACING COMMISSION -- rank: 535

... judge (ALJ) to deny Croghan's motion to compel discovery; (2) a December 1, 2009 decision of the Commission adopting the ... licensed race meeting. N.J.A.C. 13:71-23.2. Whether milkshaking has taken place is determined by measuring the total carbon dioxide (tCO 2 ) present in the horse's blood plasma following a minimum ... applies an ion selective electrode method (ISE) for measuring tCO 2 in blood." Ibid. If levels in excess of thirty-seven ... are found, and it is not determined that such tCO 2 levels are physiologically normal to the horse, enumerated penalties are ... shall be ordered suspended for a 180 day period, a $2,500 fine shall be ordered and the trainer shall ...

docket:	a1700-09
court:	superior court appellate division
decided:	2011-01-26
status:	unpublished
citation:
Document Size:	46414

660 STATE OF NEW JERSEY v. MATTHEW STREET -- rank: 535

... degree carjacking, contrary to N.J.S.A. 2C:15-2(a) (count one), and third-degree theft, contrary to N.J.S.A. 2C:20-3 (count two). 2 In February 2003, Smalfus pled guilty to first-degree carjacking ... State v. Reevey , 417 N.J. Super. 134 , 148 n.2 (App. Div. 2010) (quoting Farrell v. Votator Div. of Chemetron Corp. , 62 N.J. 111 , 120 (1973)), certif. denied , 206 N.J. 64 (2011); see ... be construed to secure a just determination." R. 1:1-2. We conclude, as a matter of fairness, that the timeliness ... 129 N.J. 451 , 459 (1992). Under Rule 3:22-2(a), a criminal defendant is entitled to post-conviction ...

docket:	a5249-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-17
status:	unpublished
citation:
Document Size:	45212