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2971 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

2972 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

2973 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

2974 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

2975 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

2976 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

2977 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

2978 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

2979 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

2980 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

2981 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

2982 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

2983 /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

2984 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

2985 ANTHONY RUSSO - v. HOBOKEN BOARD OF EDUCATION - -- rank: 370

... and Hoboken High School (Hoboken High), from 1986 to 1993. 2 Russo identified possible exposure to asbestos at all three schools ... pertinent case law, the WCJ concluded that "[p]etitioner admitt[ed] knowledge of potential harmful effects of asbestos during the r ... administrative determinations are given "substantial deference." Earl v. Johnson & Johnson , 158 N.J. 155, 161 (1999) (quoting R&R Mktg., L.L.C. v. Brown-Forman Corp ., 158 N.J. 170 , 175 (1999)). "In workers' compensation cases, ...

docket:	a1861-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-29
status:	unpublished
citation:
Document Size:	23974