Search Rutgers Law Library N.J. Court Opinions

196 SUSAN M. BUTTITTA v. ALLIED SIGNAL, INC. -- rank: 747

... where he worked during several summers in the early 1970's, and indirectly, from contact with his father, who worked for GM from 1952 through the 1970's. After the pretrial disposition of the claims against most of ... settled during trial. The jury returned a verdict in plaintiff's favor finding that Borg-Warner and ACL had manufactured, sold ... Borg-Warner and ACL raise numerous issues. I. BORG-WARNER'S APPEAL Borg-Warner argues that the judge erred in his rulings on: (a) causation; (b) the admission of plaintiff's expert testimony; (c) Borg-Warner's claims against settling defendants; and (d) its motion for ...

docket:	a5268-07
court:	superior court appellate division
decided:	2010-04-05
status:	Unpublished
citation:
Document Size:	202785

197 E&J EQUITIES, LLC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN -- rank: 744

... the Ordinance), which prohibited such billboards. 1 After E&J's application for a variance to erect an electronic billboard was ... court affirmed the denial of the variance, finding the Township's decision to deny E&J's application was not arbitrary, capricious or unreasonable. The court also rejected E&J's equal protection argument. But, relying upon language in Bell v ... N.J. 384 (1988), the trial court found the Ordinance's ban violated the First Amendment . The sole issue presented by the Township's appeal is whether the Ordinance's ban on digital ...

docket:	a2432-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-17
status:	published
citation:	437 N.J.Super. 490 100 A.3d 539
Document Size:	85041

198 STATE OF NEW JERSEY IN THE INTEREST OF M.P. -- rank: 744

... State argued in the Family Part that the defense expert's testimony was inadmissible, filing a motion to exclude it from the suppression hearing. The State's position has since changed; the prosecutor acknowledged at oral argument before us that the defense expert's 1 Miranda v. Arizona, 384 U.S. 436 (1966). A-1229-22 2 testimony should have been ... relevant circumstances, the motion court correctly decided that M.P.'s waiver of his Miranda rights was valid. Aside from ...

docket:	a1229-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-12
status:	Published
citation:
Document Size:	123804

199 Muhammad v. County Bank of Rehoboth Beach, Delaware -- rank: 744

... Delta Funding Corp. v. Harris , also decided today.] Argued February 14, 2006 -- Decided August 9, 2006 LaVECCHIA, J., writing for a ... arbitration agreement. 1. Pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, arbitration agreements are on the ... relitigating similar claims. (pp. 18-20) 4. Applying Rudbart ’s four factors, the Court determines that the presence of the class-arbitration waiver in Muhammad’s consumer arbitration agreement, which is a contract of adhesion, renders ... as a matter of New Jersey contract law. Rudbart ’s fourth factor is the most important in the present ...

docket:	a-39-05
court:
decided:	2006-08-09
status:
citation:	*CITE_PENDING*
Document Size:	103136

200 Rodriguez v. Raymours Furniture Company, Inc. -- rank: 744

... summarized.) Sergio Rodriguez v. Raymours Furniture Company, Inc. (A-27-14) (074603) Argued December 1, 2015 -- Decided June 15, 2016 LaVECCHIA ... Court addresses whether the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, which was established to ... summary judgment based on the waiver provision, asserting that plaintiff’s complaint was filed beyond the agreed-upon six-month limitations ... and does not violate public policy. The Court granted plaintiff’s petition for certification. 220 N.J. 100 (2014). HELD: A private agreement that frustrates the LAD’s public-purpose imperative by shortening the two-year limitations period ... for private LAD claims cannot be enforced. 1. New Jersey’s decisional law respects that private interests are intertwined with ...

docket:	a-27-14
court:	New Jersey Supreme Court
decided:	2016-06-15
status:
citation:
Document Size:	98713

201 JOSEPH A. QUIGLEY v. KPMG PEAT MARWICK, LLP., -- rank: 744

... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. He now appeals from ... the LAD when he signed the agreements.     We reject plaintiff's argument that the trial court erred in "elevating the public ... he was a senior manager with defendant, serving as defendant's "personal and regional coordinator" for its telecommunications consulting practice. Plaintiff ... violation of the LAD, that as a result of defendant's actions, he lost wages, bonuses, pension benefits, and unused personal ... in July 1984. Keller explained that, in accordance with defendant's policy, as consideration for these promotions defendant required plaintiff to execute a Manager's Agreement and a Senior Manager's Agreement respectively. Paragraph ...

docket:	a2900-98
court:	njappellate
decided:	2000-04-25
status:	published
citation:	<a href=
Document Size:	59951

202 STATE OF NEW JERSEY v. LAMEL ELLIS -- rank: 744

... On leave granted, the State appeals from the trial court's order suppressing the fruits of a warrantless search — a .25 caliber handgun. Having considered the State's arguments in light of the record and applicable principles of ... was dark. The record does not reflect whether the Ford's engine was running, or its headlights or interior lights were ... car with the nose of his car facing the driver's side of the Ford, as if to form a "T ... car stopped in such a way as to prevent defendant's vehicle from leaving. Pepkowski illuminated his spotlight, but did not activate his patrol car's on-board video recorder. The patrol car's spotlight ...

docket:	a0235-14
court:	NJ Superior Court Appellate Division
decided:	2015-04-09
status:	unpublished
citation:
Document Size:	69426

203 STATE OF NEW JERSEY VS LLOYD BURGESS -- rank: 744

... mandated definitional jury instructions in a prosecution under N.J.S.A. 2C:35-3, the drug-kingpin statute, which became ... trafficking network" were essential in order to guide the jury's determination that "defendant's status and activities warranted the punishment which the Legislature has ... instructions was not raised, was also decided before this court's opinion in Alexander . Defendant's petition for certification was denied prior to the Supreme Court's Alexander opinion. State v. Burgess , 134 N.J. 566 ( ...

docket:	a7127-94
court:	njappellate
decided:	1997-02-18
status:	published
citation:	298 N.J.Super. 254
Document Size:	88633

204 STATE OF NEW JERSEY v. O.L. -- rank: 744

... conviction stemming from engaging in sexual conduct with his girlfriend's fourteen-year-old sister, C.H. He was charged in an indictment with second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4) (count one); 1 second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count two); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three). A jury ...

docket:	a1598-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-12
status:	unpublished
citation:
Document Size:	61072

205 State v. Jesse Timmendequas -- rank: 741

... for a majority of the Court.     This appeal addresses defendant's claim that his death sentence is disproportionate.     On 9/29 ... on the carpet, defendant placed a plastic bag over Megan's head. Defendant then sexually assaulted her.     Believing Megan to be ... Megan cough. Defendant drove to Mercer County Park, took Megan's body out of the box, and placed her in tall ... weeds. Before he left, he sexually assaulted her again.     Megan's family called police when she did not return home. Officers ... in the search. Defendant participated, handing out fliers with Megan's picture. Defendant gave conflicting statements to police and Megan's family, however, about when he had last seen Megan. ...

docket:	a-109-99
court:	njsupreme
decided:	2001-02-01
status:
citation:	168 N.J. 20
Document Size:	178956

206 /usr/local/share/www/libweb/collections/courts/appellate/a3751-19.opn.html -- rank: 741

... without conducting a Franks 1 hearing and granted the State's motion to introduce defendant's statements. He also appeals from a January 31, 2020 order ... leaving blood underneath the seat of the unisex faculty restroom's toilet for years. Defendant reported the issue to the school ... the camera and replaced it 1 Franks v. Delaware, 438 U.S. 154 (1978). 2 A-3751-19 approximately twelve times. Defendant ... stated that he placed the 2 Miranda v. Arizona, 384 U.S. 436 (1966). 4 A-3751-19 camera under ...

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court:
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Document Size:	61153

207 STATE OF NEW JERSEY v. J.D. -- rank: 741

... two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:24-4a (Counts Two, Five, Eight and Eleven); four counts of child abuse, N.J.S.A. 9:6-1 and -3 (Counts Three, Six, Nine ... and two counts of second-degree sexual assault, N.J.S.A. 2C:14-2c (Counts Seven and Ten). Defendant moved pre-trial to ... the court. On September 28, 2007, the court denied defendant's motion for a new trial and sentenced him to a ... imprisonment on Count Eleven. On appeal, defendant argues: THE DEFENDANT'S CONVICTION SHOULD BE REVERSED AS THE TRIAL COURT SIGNIFICANTLY ...

docket:	a0739-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
status:
citation:
Document Size:	81892

208 STATE OF NEW JERSEY v. AL-SHAREEF METZ -- rank: 741

... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He challenges his convictions by ... ADMITTED HIGHLY SUGGESTIVE PHOTO IDENTIFICATION OF THE DEFENDANT BY STATE'S WITNESS, [T.J.],1 WITHOUT FIRST CONDUCTING A WADE/HENDERSON ... THE TRIAL COURT FAILED TO PROPERLY RESPOND TO THE JURY'S REQUEST FOR A LIST OF EVIDENCE. POINT VI DEFENDANT WAS ... of witness testimony was incomplete and misleading; and the prosecutor's summation was improper. Because the cumulative impact of these errors ... but the first one 'was lost, somehow misplaced.' The State's motion was to admit the second identification, notwithstanding the loss ... Our argument is that you, obviously, have to take testimony[,] [u]nder Rule 3:11[.]' When the court pointed out ...

docket:	a4030-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-16
status:	unpublished
citation:
Document Size:	132557

209 /usr/local/share/www/libweb/collections/courts/appellate/a3651-09a3716-09resubmitted.opn.html -- rank: 741

... 09T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. K.P.S., Defendant-Appellant. _______________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. CARMINI ... Joseph E. Krakora, Public Defender, attorney for appellant K.P.S. (John Douard, Assistant Deputy Public Defender, of counsel and on ... and on the briefs). PER CURIAM Co-defendants K.P.S., 1 Carmini Laloo and Peter Lisa jointly moved to suppress ... evidence they claimed was seized in unconstitutional searches of Lisa's residence. Suppression was denied and the co-defendants separately entered negotiated plea agreements: both K.P.S. and Laloo pleaded guilty to first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), reserving the right ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34962

210 STATE OF NEW JERSEY v. DEMARCUS DREW -- rank: 741

... Deputy Public Defender, of counsel and on the briefs). Christopher S. Porrino, Attorney General, attorney for respondent (Arielle E. Katz, Deputy ... years, but titled themselves as husband and wife.1 Lisa's son Dennis Harris lived with them in a second-floor ... gun was ever recovered. Harris was taken to the prosecutor's office, where he identified a photograph of defendant as the ... went for a walk, Simpson had Ruiz knock at defendant's house, and yell upstairs for Simpson's female friend who lived there. Ruiz saw a man come ... for murder and other offenses. On December 7, 2011, deputy U.S. Marshals in Chicago arrested defendant, who was accompanied ...

docket:	a5494-14
court:	NJ Superior Court Appellate Division
decided:	2018-08-08
status:
citation:
Document Size:	69502