Search Rutgers Law Library N.J. Court Opinions

2401 DAVID RIVARD, et al. v. AMERICAN HOME PRODUCTS, INC., et al. -- rank: 407

... Court of New Jersey, Law Division, Bergen County, Docket No. L-08470-01. Roger W. Yoerges, of the District of Columbia ... cert. denied , 541 U.S. 990 , 124 S. Ct. 2040 , 158 L. Ed.2d 495 (2004). In 1963, however, the federal government granted ... 42 U.S.C.A. §§ 300aa-11(a)(2)(A)(i), -12(c). If such a claim is nonetheless ... action." 42 U.S.C.A. § 300aa-11(a)(2)(B). After the Vaccine Court renders its decision and ...

docket:	a4931-05
court:	njappellate
decided:	2007-03-08
status:	published
citation:	391 N.J. Super. 129
Document Size:	90478

2402 STATE OF NEW JERSEY v. CARLOS M. LOPEZ -- rank: 407

... aggravated assault, N.J.S.A. 2C:12-1(b)(2). In a separate indictment, the grand jury charged defendant with ... Early Release Act, N.J.S.A. 2C:43-7.2, on the first-degree armed robbery count. The court merged ... was recorded on video. After informing defendant of his Miranda 2 rights, the detectives confronted him about the Lukoil robbery. Detective ... the police officer must be lawfully in the viewing area"; (2) "the officer has to discover the evidence 'inadvertently,' meaning that ... denied , 465 U.S. 1030 , 104 S. Ct. 1295 , 79 L. Ed.2d 695 (1984)), certif. denied , 216 N.J. 367 ( ...

docket:	a4552-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-11
status:	unpublished
citation:
Document Size:	70815

2403 STATE OF NEW JERSEY v. SHAWN REEVES -- rank: 407

... if he knowingly exceeded the scope of his carry permit; (2) the trial court should not have instructed the jury on ... the prosecutor committed numerous instances of misconduct. A-0921-20 2 The Supreme Court's interpretation of the Second Amendment in ... in this State. 142 S. Ct. at 2124, 2156; see L. 2022, c. 131, § 3. That decision does not, however ... waiver pursuant to N.J.S.A. 2C:43-6.2. On October 7, 2020, defendant was sentenced to two years ... because it was 'similar to . . . one wanted by another agency.'2 When the detectives approached the vehicle, defendant waived a gold ... to at least a forty-two-month term of imprisonment. 2 The trial court clarified that defendant's vehicle 'matched ...

docket:	a0921-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Unpublished
citation:
Document Size:	47633

2404 DAVID A. FORMAN v. AMY LEVENSON -- rank: 407

... May 2018, plaintiff filed a motion for (1) child support; (2) permission to issue subpoenas relating to settlement monies paid to ... defendant argues the judge (1) deprived her of due process; (2) 1 On today's date, we released our opinion in ... fraud. We disagreed and upheld the award. A-0238-18T3 2 erred by denying reconsideration; (3) lacked jurisdiction; (4) erroneously awarded ... pay plaintiff (1) $344,972.58 from the Barclays settlement; (2) $15,000 towards plaintiff's attorneys' fees, ordered by the Arbitrator on February 2, 2018; and (3) $2665 to pay directly to plaintiff's ... favor of the [p]laintiff' if defendant failed to comply. 2 This order further required defendant to make additional payments, ...

docket:	a0238-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	57464

2405 TODD KELLY v. J. CHRISTIAN BOLLWAGE -- rank: 407

... TORNER, Defendants-Respondents. _____________________________ Argued May 26, 2021 – Decided August 2, 2021 Before Judges Geiger and Mitterhoff. On appeal from the ... Court of New Jersey, Law Division, Union County, Docket Nos. L-2647-16 and L-3562-16. Joshua F. McMahon argued the cause for appellants ... Cosgrove, the City of Elizabeth (Elizabeth), the A-2083-19 2 Elizabeth Police Department (EPD), and Patrick Shannon. They also appeal ... from the prior eligible list set to expire on February 2, 2014. The certification request indicated there were three vacancies for ... b), the vacancy did not extend or toll the February 2, 2014 expiration of the eligible list. Plaintiffs claimed that ...

docket:	a2083-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Unpublished
citation:
Document Size:	63808

2406 STATE OF NEW JERSEY v. JOHN TRICOCHE -- rank: 407

... J.S.A. 2C:5-1 and 2C:15-1; (2) second-degree possession of a handgun for an unlawful purpose ... did not fingerprint the gun or move to suppress it, (2) did not call a witness to testify, (3) did not ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and United States v. Cronic , 466 U.S. 648 , 104 S. Ct. 2039 , 80 L. Ed.2d 657 (1984). See also State v. Fritz , 105 ...

docket:	a0001-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-16
status:	unpublished
citation:
Document Size:	25556

2407 STATE OF NJ V. MOREY MARCUS -- rank: 407

... Inc. , 509 U.S. 579 , 113 S. Ct. 2786 , 125 L. Ed.2d 469 , 482-83 (1993).     There are three ways a ... within the scientific community: "(1) the testimony of knowledgeable experts; (2) authoritative scientific literature; and (3) persuasive judicial decisions which acknowledge ... method of DNA analysis used in this case. See footnote 2     Every human cell with a nucleus contains a copy of ... DNA analysis involves (1) creating DNA profiles of evidence samples; (2) determining whether profiles match; and (3) if samples match, determining ... are: (1) extraction of the DNA molecule from the sample; (2) digestion of the DNA with an enzyme which cuts ...

docket:	a4962-92
court:	njappellate
decided:	1996-10-17
status:	published
citation:	294 N.J.Super. 267
Document Size:	56446

2408 STATE OF NEW JERSEY v. CARLOS PEREZ-INGA -- rank: 407

... degree aggravated assault, N.J.S.A. 2C:43-7.2. The State originally extended an offer of ten years subject ... unlawful purpose, 184 N.J. 458 (2005), after a Rule 2:10-3 excessive sentence review. A resentencing hearing was accordingly ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 N.J ... U.S. at 689, 104 S. Ct. at 2065, 80 L. Ed. 2d at 694. In order to show that counsel' ...

docket:	a6529-06
court:	njappellate
decided:	2009-01-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38502

2409 DIVISION OF ALCOHOLIC BEVERAGE CONTROL v. DAVEJOE, L.L.C. -- rank: 407

... 0 DIVISION OF ALCOHOLIC BEVERAGE CONTROL, Petitioner-Respondent, v. DAVEJOE, L.L.C., t/a KASHMIR GENTLEMEN'S CLUB, Respondent-Appellant. _______________________________________________________ June ... Deputy Attorney General, on the briefs). PER CURIAM Defendant DaveJoe, L.L.C., the owner and operator of the Kashmir Gentlemen's ... alcoholic drinks each. The three friends left Kashmir at about 2:00 a.m. At 2:13 a.m., Rothschild and Drebes died in a ...

docket:	a0172-13
court:	NJ Superior Court Appellate Division
decided:	2014-06-27
status:	unpublished
citation:
Document Size:	39525

2410 HamilGraham v. Roselle Borough -- rank: 407

... and data. Biunno, Current N.J. Rules of Evidence , comment 2 on N.J.R.E. 702 (2002). As construed by ... Elrabie v. Borough of Franklin Lakes , 24 N.J. Tax 158 , 163 (Tax 2008). In Elrabie , the taxpayers objected to admission ... defendant moved to dismiss the matter under R. 4:37-2(b), arguing that plaintiff failed to overcome the presumption of ... Appraisal Institute, The Appraisal of Real Estate 81 (11 th ed. 1996), certif. denied , 168 N.J. 291 (2001)). “[T ... Appraisal Institute, The Appraisal of Real Estate 377 (14 th ed. 2013). The sales comparison approach involves a “comparative analysis ... Appraisal Institute, The Appraisal of Real Estate 300 (13 th ed. 2008)). Here the court concludes, as did plaintiff’s ...

docket:	15573-13
court:	New Jersey Tax Court
decided:	2015-05-05
status:
citation:
Document Size:	60628

2411 STATE OF NEW JERSEY v. DANIEL J. BIBAUD -- rank: 407

... was continuously observed for twenty minutes before submitting breath samples; (2) the State failed to provide discovery of complete Alcotest data ... courts, State v. Stas , 212 N.J. 37 , 49 n.2 (2012), and "[u]nder the two-court rule, [we] ordinarily ... 66, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), the Court considered whether the Alcotest 7100 ... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963), because such evidence was neither ...

docket:	a0753-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	21493

2412 STATE OF NEW JERSEY v. CLIFTON FOSTER, JR -- rank: 407

... aggravated assault, N.J.S.A. 2C:12-1b(1). 2 The jury acquitted defendant of both counts, but found him ... police or we're going to get your brother[,]" and (2) approximately seven months after the assault, defendant said to a ... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... from cross-examining Williams regarding (1) Williams being homeless, and (2) Williams' prior drug use, the trial court infringed upon the ... Jersey , 532 U.S. 932 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001). D. On the second day of ...

docket:	a0310-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	65569

2413 STATE OF NEW JERSEY v. WALTER H. WILLIAMS -- rank: 407

... degree resisting arrest, N.J.S.A. 2C:29-2a(2). After appropriate merger, defendant was sentenced to a discretionary extended ... as to why he decided to familiarize himself with defendant. 2 And the three instances in which the State elicited testimony ... 249 (3d Cir.), cert. denied , 131 S. Ct. 363 , 178 L. Ed.2d 234 (2010)). Moreover, its relevance far outweighed any potential ... 365 , 409 (2012), cert. denied , 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013); see also State v. Loftin , 146 ...

docket:	a4517-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-26
status:	unpublished
citation:
Document Size:	59703

2414 STATE OF NEW JERSEY v. EZEQUIEL MONTANO -- rank: 407

... specifically cocaine, contrary to N.J.S.A. 2C:5-2, N.J.S.A. 2C:5-2, Fourth Amendment. The judge additionally determined that there was probable ... denied , 465 U.S. 1030 , 104 S. Ct. 1295 , 79 L. Ed.2d 695 (1984). A warrantless search is presumed to be ... 443 , 465-68, 91 S. Ct. 2022 , 2037-39, 29 L. Ed.2d 564 , 582-84 (1971)). Second, the officer must ...

docket:	a5826-05
court:	njappellate
decided:	2008-06-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	46439

2415 MARQUIS A. WALKER v. ILMIA CHOUDHARY -- rank: 407

... Court of New Jersey, Law Division, Cumberland County, Docket No. L-1212-07. Patricia M. Giordano (Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock ... 3, and medical malpractice, N.J.S.A. 2A:14-2. On February 20, 2008, Diorio moved to dismiss the complaint ... of the motion judge on matters of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... be prejudiced in maintaining a defense on the merits, and (2) knew or should have known that, but for a mistake ... 2A:31-3 and N.J.S.A. 2A:14-2 . Although Diorio was listed as decedent's admitting and attending ... parties believed to be the correct parties"); R. 1:1-2. See also Viviano v. CBS, Inc. , 101 N.J. ...

docket:	a1425-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	published
citation:	425 N.J. Super. 135 40 A.3d 63
Document Size:	55642