Search Rutgers Law Library N.J. Court Opinions

1771 Joseph Howard v. University of Medicine and Dentistry of New Jersey, et. Als. -- rank: 449

... of New Jersey, et. Als. (A-100-00) Argued January 2, 2002 -- Decided June 18, 2002 LaVECCHIA, J., writing for a ... doctor: 1) deviation from the standard of care (medical malpractice); 2) lack of informed consent; and 3) battery. The Howards= motion ... a separate and distinct claim based on fraud. (Pp. 7) 2.. A plaintiff seeking to recover under a theory of lack ... of causation: 1) that the undisclosed risk actually materialized; and 2) that it was medically caused by the treatment. (Pp. 8 ... DR. ROBERT HEARY and KAREN ROMANO, Defendants-Appellants. ______________________________ Argued January 2, 2002 -- Decided June 18, 2002 On appeal from the Superior ... doctor: (1) deviation from the standard of care (medical malpractice); (2) lack of informed consent; and (3) battery. Colucci v. ...

docket:	a-100-00
court:	njsupreme
decided:	2002-06-18
status:
citation:	172 N.J. 537
Document Size:	60407

1772 STATE OF NEW JERSEY v. RUSSELL BREITWEISER -- rank: 449

... either (1) the underage child actually observed the act; or (2) there was an unreasonable risk that the underage child might ... improper comments during summation. Defendant also asserted that he was: 2) denied a fair trial by the cumulative effect of the ... not be granted." State v. Marshall , 148 N.J. 89 , 158 (internal citations omitted), cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Claims of ineffective assistance of counsel are ... U.S. at 694; 104 S. Ct. at 2068, 80 L. Ed. 2d at 698); see also State v. Allegro , ...

docket:	a5180-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-05
status:	unpublished
citation:
Document Size:	48814

1773 STATE OF NEW JERSEY v. HARRY G. ZAMOR -- rank: 449

... Kaflowitz, Assistant Prosecutor, of counsel and on the brief, Patricia L. Cronin, Assistant Prosecutor, on the brief). PER CURIAM Defendant, Harry ... possession of a firearm, N.J.S.A. 2C:18-2 (count three); fourth-degree aggravated assault, N.J.S.A ... found by the jury. On September 9, 2001, at approximately 2:00 a.m., two men knocked on the door of ... and three children were staying for the night. At approximately 2:30 a.m. that same night, Officer Paul McRea of ... he was in the area of 430 Jefferson Avenue around 2:00 a.m. on September 9, 2001. Defendant stated he ... at trial, we review under the plain error standard. R. 2:10-2. Where plain error is alleged in a ...

docket:	a5061-04
court:	njappellate
decided:	2007-05-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	97404

1774 IN THE MATTER OF THE CIVIL COMMITMENT OF T.H -- rank: 449

... Are Not Sufficient To Establish the Need For Involuntary Commitment. 2.) The Psychiatrists' "Net Opinions" Are Insufficient To Support an Order ... any period of illegal commitment." In re Commitment of B.L. , 346 N.J. Super. 285, 292 (App. Div. 2002). Although ... short-term care facility." N.J.A.C. 10:31-2.3(i)(1)(i) (implementing N.J.S.A. 30 ... or she now seeks to include in the record, and (2) if the evidence were included, whether it is likely to ... by reason of mental illness." In re Commitment of S.L. , 94 N.J. 128 , 138 (1983). "[A] State cannot constitutionally ... S. 563 , [575-76,] 95 S. Ct. 2486 , 2494, 45 L. Ed.2d 396 , 407 (1975). Because the patient's ...

docket:	a4191-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-30
status:	unpublished
citation:
Document Size:	57576

1775 Estate of Myroslava Kotsovska v. Saul Liebman -- rank: 449

... was an employee or an independent contractor. (pp. 13-18) 2. The Division has exclusive original jurisdiction of all claims for ... is grounded in the common law master-servant relationship; and (2) the relative nature of the work test, which is used ... independent contractor, the trial court should consider: (1) employer control; (2) the worker’s economic dependence on the work relationship; and ... of the jury is REINSTATED. CHIEF JUSTICE RABNER and JUSTICES L a Vecchia , ALBIN, PATTERSON and FERNANDEZ-VINA join in JUSTICE ... here suffered from a number of deficiencies that required reversal. 2 III. Although not the basis for the Appellate Division’s ... analysis. A. The legislature enacted the Compensation Act in 1911, L. 1911, c. 95, to address the variety of difficulties ...

docket:	A-89-13
court:	NJ Supreme Court
decided:	2015-06-11
status:
citation:	221 N.J. 568 116 A.3d 1
Document Size:	108692

1776 JOHN GUSLAVAGE v. THE CITY OF ELIZABETH -- rank: 449

... Court of New Jersey, Law Division, Union County, Docket Nos. L-857-02 and L-1870-01. Robert F. Varady argued the cause for appellant ... and 2000 constituted retaliatory acts under CEPA. Thereafter, on February 2, 2006, plaintiff voluntarily dismissed with prejudice his claim against defendant ... time that plaintiff had gone to the USAO on September 2, 1994. Shannon insisted that he never heard that Mirabella had ... not to go to the USAO or share investigation files, (2) to complete the reports needed to bring charges against the ... hearsay and are generally inadmissible at trial. State v. White , 158 N.J. 230 , 238 (1999). However, "[w]hen a ...

docket:	a2408-06
court:	superior court appellate division
decided:	2009-12-30
status:	unpublished
citation:
Document Size:	138597

1777 Lyle Real v. Radir Wheels, Inc. and Richard Conklin -- rank: 449

... or real estate.” N.J.S.A. 56:8-2. “Advertisement” includes the attempt to induce a person to ... in which the statute has been applied. (pp. 11-13) 2. Although intentionally broad, the reach of the CFA is not ... is clear, unambiguous, and susceptible to only one interpretation. Section 2 of the CFA prohibits certain acts performed by “any person,” N.J.S.A. 56:8-2, and the statutory definition of “person,” N.J ... or real estate[.]” N.J.S.A. 56:8-2. In this context, giving full expression to the plain words ... “not even close” to the car delivered to him. 2 Plaintiff e-mailed digital photographs of the Corvette to ...

docket:	a-26-08
court:
decided:	2009-04-08
status:
citation:	198 N.J. 511
Document Size:	73657

1778 STATE OF NEW JERSEY v. KEITH STEWART -- rank: 449

... intent to distribute, N.J.S.A. 2C:35-5b(2), third-degree possession of cocaine with the intent to distribute ... the intent to distribute, N.J.S.A. 2C:5-2. (Indictment No. 95-05-1725). While on bail for those ... the intent to distribute, N.J.S.A. 2C:5-2. Defendant, and not Smith, was also charged in the same ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2. (Indictment No. 95-06-2357). Pursuant to a negotiated agreement ... 2010), cert. denied , ___ U.S. ___, 131 S. Ct. 1467, 179 L. Ed.2d 311 (2011). In 2011, fifteen years after his ...

docket:	a0805-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-14
status:	unpublished
citation:
Document Size:	31376

1779 ARTHUR WILKINSON v. S.B. KING & SON INC. -- rank: 449

... HOME CONSTRUCTION, INC., Defendant-Appellant, and LINDA O. KING and ED KING, Defendants/Third-Party Plaintiffs, v. SELECTIVE INSURANCE COMPANY, Third ... ROBERT FRIZELL, INC., Defendant-Respondent, and LINDA O. KING and ED KING, Defendants/Third-Party Plaintiffs, v. SELECTIVE INSURANCE COMPANY, Third ... Court of New Jersey, Law Division, Ocean County, Docket Number L-3195-05. Bruce E. Helies argued the cause for appellant ... presented to the judges on the various motions under review. 2 Robert Frizell (Bob) 3 was the president of Frizell, Inc ... Frizell, Inc. entered into a contract with Linda King and Ed King (King) for the restoration of the Williamson-Sickels barn ... into a beam on the barn's roof with an "L" bracket to hold the poles erect and to keep ...

docket:	a3884-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-21
status:	unpublished
citation:
Document Size:	114380

1780 IN THE MATTER OF THE CIVIL COMMITMENT OF T.H -- rank: 449

... Are Not Sufficient To Establish the Need For Involuntary Commitment. 2.) The Psychiatrists' "Net Opinions" Are Insufficient To Support an Order ... any period of illegal commitment." In re Commitment of B.L. , 346 N.J. Super. 285, 292 (App. Div. 2002). Although ... short-term care facility." N.J.A.C. 10:31-2.3(i)(1)(i) (implementing N.J.S.A. 30 ... or she now seeks to include in the record, and (2) if the evidence were included, whether it is likely to ... by reason of mental illness." In re Commitment of S.L. , 94 N.J. 128 , 138 (1983). "[A] State cannot constitutionally ... S. 563 , [575-76,] 95 S. Ct. 2486 , 2494, 45 L. Ed.2d 396 , 407 (1975). Because the patient's ...

docket:	a3027-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-30
status:	unpublished
citation:
Document Size:	59190

1781 STATE OF NEW JERSEY v. CHRISTIAN VASILE a/k/a CRISTIAN VASILE, CHRIS VASILE -- rank: 449

... brief. PER CURIAM Defendant Christian Vasile (Vasile) appeals a March 2, 2006, judgment of conviction sentencing him to an aggregate custodial ... to the detective that she left her home at approximately 2:30 p.m. and, upon her return, discovered that her ... VanDuysen (VanDuysen) in front of Rahner's house at approximately 2:50 p.m. Lupino worked as a taxi dispatcher and ... degree conspiracy, contrary to N.J.S.A. 2C:5-2 (count one); third-degree burglary, contrary to N.J.S.A. 2C:18-2 (counts two, four, and six); third-degree theft, contrary to N.J.S.A. 2C:18-2 (count eight); second-degree possession of a weapon by ...

docket:	A3877-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-28
status:	unpublished
citation:
Document Size:	60560

1782 AHS HOSPITAL CORPORATION v. MAINARDI MANAGEMENT COMPANY, LP -- rank: 449

... Court of New Jersey, Law Division, Morris County, Docket No. L-1407-14. Katelyn E. Cutinello argued the cause for appellant ... against them in Essex County, Rodriguez v. Mainardi Management, Co., L.P., et al. , No. ESX-L-3914-11, 1 AHS and Union asserted cross-claims against ... 20,000, not including $6,123.44 for medical expenses, (2) Rodriguez was found fifty percent (50%) at fault; (3) Mainardi ... merits of its claims and was not made with prejudice; (2) there was no identity of issues or cause of action ... estoppel and the entire controversy doctrine, is de novo. Int’l Union of Operating Eng'rs Local No. 68 Welfare ...

docket:	a4443-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-14
status:	unpublished
citation:
Document Size:	42326

1783 ALFRED P. CAMPBELL v. SHREWSBURY SURGICENTER -- rank: 449

... Court of New Jersey, Law Division, Monmouth County, Docket Nos. L-4932-04 and L-2764-04. James P. Lisovicz argued the cause for appellant ... tenant, Lexington Insurance Company ("Lexington"), and the landlord, Shrewsbury Partners, L.L.C., ("Shrewsbury Partners"). The latter is named as an additional ... thus occurred while he was en route to work. Campbell 2 filed suit against several defendants, including Shrewsbury Partners and the ... one hundred ten (110) parking spaces." The lease specifies that "[l]essor shall make all necessary repairs and maintenance to ...

docket:	a6619-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-18
status:	Published
citation:
Document Size:	55843

1784 STATE OF NEW JERSEY v. AGNES M. SAGRATI -- rank: 449

... at trial, defendant responded to questions posed. She had "surf[ed]" the Internet and found "some guy who said that he ... 307 , 318-19, 99 S. Ct. 2781 , 2788-89, 61 L. Ed.2d 560 , 573 (1979); State v. Wilder , 193 N.J ... or fraud of Armahizer. See N.J.S.A. 2C:2-2b(2) (defining knowingly with respect to conduct and material circumstances). Under ... defendant cannot escape by claiming ignorance of those circumstances. See 2 Final Report of N.J. Criminal Law Revision Commission , ...

docket:	a0426-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-24
status:	unpublished
citation:
Document Size:	37260

1785 /usr/local/share/www/libweb/collections/courts/supreme/a0705-14.opn.html -- rank: 449

... Noriega, argued the cause for appellant (Bramnick, Rodriguez, Grabas & Woodruff, L.L.C., attorneys; Mr. Noriega of counsel and on the brief ... second-degree sexual assault, N.J.S.A. 2C:14-2(c)(3)(b), defendant pled guilty to the amended charge ... S. 52 , 58-59, 106 S. Ct. 366 , 370, 88 L. Ed 2 d 203, 209-10 (1985); Strickland v. Washington , 466 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23910