Search Rutgers Law Library N.J. Court Opinions

2971 DeHanes v. Rothman -- rank: 370

... 5.1 Version This case can also be found at 158 N.J. 90. SYLLABUS (This syllabus is not part of ... of the decedent's lost earnings and benefits to be $2,042,246. Following summation, the trial court instructed the jury ... undue intrusion upon the jury's function. (pp. 9-10) 2. Unlike damages for future pain, suffering, disability, and the like ... jury that the family had suffered a loss of approximately $2 million, of which $1.5 million represented income anticipated to ... that jury awards inflate their own costs for products (73.2"), medical care (89.3") and insurance (91.0"). Jurors: A Biased, Independent Lot , 154 N.J.L.J. 365, 367 (Nov. 2, 1998). Almost half of ...

docket:	a-167-97
court:	njsupreme
decided:	1999-04-19
status:
citation:	158 N.J. 90
Document Size:	45702

2972 Yurick v. State of New Jersey -- rank: 370

... whistle-blowing activity and the adverse action. (pp. 8-10) 2. In New Jersey, county prosecutors are vested with broad discretionary ... assignment judge of the vicinage. N.J.S.A. 2A:158-7. The statute commits to the assignment judge the authority ... the New Jersey State Senate. Pursuant to Article 7, Section 2, Paragraph 1 of the New Jersey Constitution and N.J.S.A. 2A:158-1, plaintiff was appointed to serve a term of five ... Defendants appealed as of right on the CEPA claims. R. 2:2-1. II.     The Conscientious Employee Protection Act (CEPA), N. ...

docket:	a-34-04
court:	njsupreme
decided:	2005-06-22
status:
citation:	*CITE_PENDING*
Document Size:	45974

2973 State v. Barry Berry -- rank: 370

... properly denied Berry’s motion for a judgment of acquittal. 2 1. The Court reviews in detail the legislative history of ... with the statute and interpretive case law. (pp. 15-23) 2. A trial judge is obliged to answer jury questions posed ... with” the jury that elements three and four “sound[ed] similar” could easily have been interpreted to mean that the ... the brief). JUSTICE FASCIALE delivered the opinion of the Court. 2 In this appeal, we focus primarily on the trial judgeâ ... would be helpful for them.” The judge responded, “[l]et’s stick to what I just 11 gave them ... as part of the Comprehensive Drug Reform Act of 1987, L. 1987, c. 106. The Act contains several “[d] ...

docket:	a-8-22
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:
citation:
Document Size:	70597

2974 STATE OF NEW JERSEY v. CURTIS R. BROWN, a/k/a CURTIS SMITH May 11 2015 -- rank: 370

... Geoffrey D. Soriano, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). PER ... of second-degree eluding, N.J.S.A. 2C:29-2(b), and he was sentenced to eight and one-half ... driver for a few seconds. Livingston testified that it was "[l]ong enough for him to see us and us to ... to a full stop . . . ." N.J.S.A. 2C:29-2(b). "[A] person is guilty of a crime of the ... identify the purchaser, defense objected on the grounds of hearsay. 2 The objection was sustained. During cross-examination, Livingston acknowledged that ... denied , 528 U.S. 1085 , 120 S. Ct. 811 , 145 L. Ed.2d 683 (2000). "Jury verdicts should be set ...

docket:	a2476-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-21
status:	unpublished
citation:
Document Size:	26464

2975 STATE OF NEW JERSEY v. HAKIEM D. BUTLER -- rank: 370

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a direct appeal, and we affirmed his convictions ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by our Supreme Court in ... by the Sixth Amendment to the United States Constitution, and (2) the defect in performance prejudiced defendant's  rights to a ... at 687, 694, 104 S. Ct. at 2064, 2068, 80 L. Ed. 2d at 693, 698. A court should grant an ...

docket:	a5192-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-31
status:	unpublished
citation:
Document Size:	18936

2976 CINDY BOLGER v. CITY OF BAYONNE -- rank: 370

... Court of New Jersey, Law Division, Hudson County, Docket No. L-345-07. Mitchell D. Perlmutter argued the cause for appellant ... discretionary activity immunity pursuant to N.J.S.A. 59:2-3c and -3d, which provide: c. A public entity is ... its property pursuant to N.J.S.A. 59:4-2 because the conditions precedent to the imposition of such liability ... City of Bayonne is immune from suit under NJSA 59:2-3 having exercised judgment and/or discretion in whether to ... discretionary activity immunity pursuant to N.J.S.A. 59:2-3c or -3d. To establish the foundation for such immunity ... for discretionary activity immunity under N.J.S.A. 59:2-3. Plaintiff argues that "to gain the benefit of ...

docket:	a2215-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-23
status:	unpublished
citation:
Document Size:	66873

2977 DAVID ROUNDTREE v. AUTO INJURY SOLUTIONS -- rank: 370

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-3175-08. Jeffrey B. Randolph, attorney for appellant. Cooper Levenson ... a duty to defend Bean because Roundtree's complaint "contain[ed] allegations of injuries as defined by the policy." Allied's ... s conclusions of law is de novo. M analapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... same standard governing the trial court under Rule 4:46-2(c). Brill v. Guardian Life Ins. Co. of Am. , 142 ... decide independently of a trial court's conclusions." Polarome Int'l, Inc. v. Greenwich Ins. Co. , 404 N.J. Super. 241 ... will not be read expansively.'" Ibid. (quoting Red Bank Reg'l Educ. Ass'n v. Red Bank Reg'l High ...

docket:	a6061-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	unpublished
citation:
Document Size:	35574

2978 STATE OF NEW JERSEY v. LIANA D. HOWARD -- rank: 370

... Monmouth County, Indictment No. 11-04-00610. Charles M. Moriarty, L.L.C., attorneys for appellant (Charles M. Moriarty, of counsel and ... of third-degree conspiracy, N.J.S.A. 2C:5-2; fourth-degree forgery, N.J.S.A. 2C:21-1 ... degree falsifying records, N.J.S.A. 2C:21-4a. 2 The court sentenced defendant to four concurrent terms of eighteen ... as a police officer, N.J.S.A. 2C:51-2. Defendant appeals from her conviction, identifying various alleged trial errors ... fourth message had a "modified" time of July 17 at 2:10:38 p.m. The "created" date of the ...

docket:	a2295-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-10
status:	unpublished
citation:
Document Size:	39415

2979 JOHN PAFF v. BERGEN COUNTY -- rank: 370

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7739-14. Christopher E. Martin argued the cause for appellants ... OPRA are legal conclusions subject to de novo review." K.L. v. Evesham Twp. Bd. of Educ. , 423 N.J. Super ... set forth in N.J.S.A. 40A:14-181, 2 which states: Every law enforcement agency . . . shall adopt and implement ... 2014), http://www.state.nj.us/lps/dcj/ agguide/internalaffairs2000v1_2.pdf . Updates to the policy were promulgated in 1992, 2000 ... sheriff's office."); N.J.S.A. 52:17B-212 ("'[L]aw enforcement agency' means a department, division, bureau, commission, board ... Biunno, Weissbard & Zegas, Current N.J. Rules of Evidence , cmt. 2 on N.J.R.E. 516 (2014) ("[C]oncern ...

docket:	a1839-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-13
status:	unpublished
citation:
Document Size:	52932

2980 State v. Stacey Froland a/k/a Stacey Kindt -- rank: 370

... consent kidnapping under N.J.S.A. 2C:13-1. 2 In 1985 , John Kindt married Anne O’Connor. The couple ... of returning them to O’Connor at the required hours. 2 In December 2000 , O’Connor obtained a court order prohibiting ... parents acknowledging they were going to take the children away. 2 On December 29 , Kindt, Froland, Aronson, and the children traveled ... judicial custody orders that affect parental issues. (pp. 9-13) 2. The Court agrees with Froland that the term “parentâ ... and O’Connor agreed on a shared physical custody scheme. 2 The children stayed with Kindt until seven o’clock in ... or interference with custody ( N.J.S.A. 2C:5-2). Kindt and Froland were separately charged with fourth-degree ...

docket:	a-8-06
court:
decided:	2007-12-12
status:
citation:	*CITE_PENDING*
Document Size:	75287

2981 LAURA BRICK et al. v. JOSEPH F. JOHN, JR., M.D., et al. -- rank: 370

... the Superior Court of New Jersey, Law Division, Middlesex County, L-5346-02. Galex Wolf, attorneys for appellants (Richard Galex, on ... worsening side effects, plaintiff withdrew from the study on June 2, 2000. Thereafter, according to plaintiff's interrogatories, she consulted a ... symptoms: 1) substantial impairment in short term memory or concentration; 2) sore throat; 3) tender lymph nodes; 4) muscle pain; 5 ... when necessary to "secure a just determination." R. 1:1-2. [ Tucci v. Tropicana Casino & Resort, Inc. , 364 N.J. Super ... corrected some of the flaws in the 1988 version," and (2) "Hemispherx demonstrated negligence because . . . Dr. Strayer[] stated his belief that ... doubt as to the material facts.'" O'Loughlin v. Nat ' l Cm ty . Bank , 338 N.J. Super . 592, 606- ...

docket:	A0749-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-15
status:	unpublished
citation:
Document Size:	61948

2982 STATE OF NEW JERSEY v. SAMUEL N. HAZELTON JR -- rank: 370

... dangerous substance (CDS), cocaine, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5 (count one ... 1) ASKED DEFENDANT WHETHER "EVERYBODY" WHO IDENTIFIED HIM WAS "LYING"; 2) ASSURED THE JURY THAT THE POLICE ARE "OBLIGATED TO TELL ... were involved in a "gangs, guns and drugs" task force; 2) vouched for the credibility of Detective Santiago during the closing ... denied , 516 U.S. 1129 , 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996). Considerable leeway is afforded to prosecutors in ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76 , 82 (1999). Accordingly, the prosecutor's ...

docket:	a0023-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-08
status:	unpublished
citation:
Document Size:	40415

2983 B.H.M. v. L.E.P.-M. -- rank: 370

... NO. A-1751-16T2 B.H.M., Plaintiff-Respondent, v. L.E.P.-M., Defendant-Appellant. ___________________________ Argued January 16, 2019 â ... attorneys; John F. DeBartolo, on the brief). PER CURIAM Defendant L.E.P-M.1 appeals from a November 18, 2016 ... confidentiality of the parties and their children. A-1751-16T2 2 valued at one cent per share. In 2012, post-complaint ... cause seven days later, which was denied. Dr. Mark Singer, Ed.D. performed a psychological evaluation of defendant on behalf of ... children's medical needs, and her emails to plaintiff 'reveal[ed] a troubling pattern of paranoid and delusional thinking.' The evaluator ... 1751-16T2 14 Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007)). [Gnall v. Gnall, ...

docket:	a1751-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	61565

2984 /usr/local/share/www/libweb/collections/courts/supreme/a2965-15.opn.html -- rank: 370

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-4484-06. Gregory S. Baxter argued for appellants (Caruso & Baxter ... 0787-10 (App. Div. October 25, 2011), (slip op. at 2), certif. denied , 209 N.J. 429 (2012). Following our decision ... February 27, 2012. [ Ciaglia , supra ,] 209 N.J. 429 . Rule 2:11-4 requires a motion for [appellate] attorneys' fees to ... 418,089.50 in legal fees and disbursements, including approximately $158,000 for the services rendered on appeal that had been ... discretionary under N.J.S.A. 20:3-26(c), 2 and should be denied here. Plaintiff argued the twenty-day timeframe in Rule 4:49-2 was not applicable because the order anticipated that the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25647

2985 BRETT G. MOONEN v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND -- rank: 370

... performed, that the disability was not the A-5277-17T1 2 result of his willful negligence[,] and that the member should ... to prove: 1. that he is permanently and totally disabled; 2. as a direct result of a traumatic event that is ... to -13. During the ensuing OAL hearing, conducted on August 2 and 23, 2017, Moonen, and two experts testified, David Ellis ... and his preexisting medical conditions. According to Moonen, at approximately 2:00 p.m. on November 13, 2015, while his students ... Moonen to Dr. Ellis for treatment, which began on March 2, 2016. During the course of treatment, Ellis conducted a comprehensive ... brain function,' including executive functioning, 1 'sensory functioning, motor functioning[,][2] and emotional [issues].' The tests consisted of both 'objective' ...

docket:	a5277-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-06
status:	Unpublished
citation:
Document Size:	40684