Search Rutgers Law Library N.J. Court Opinions

121 A.D.P. v. EXXONMOBIL RESEARCH AND ENGINEERING COMPANY -- rank: 697

... the basis for the testing and termination was the employee's voluntary disclosure that she was an alcoholic and not the ... would have occurred even if it had not considered plaintiff's disability, see McDevitt v. Bill Good Builders, Inc. , 175 N ... of law. We therefore conclude that summary judgment dismissing plaintiff's disability discrimination claim was inappropriate. Many of the facts here ... performance and testimony from a Human Resources Advisor that plaintiff's employment would have been terminated when she failed a breathalyzer ... enrolled in an inpatient rehabilitation program. This admission triggered ExxonMobil's Alcohol and Drug Use Policy (the Policy) which, although facially ... The motion judge agreed, granting summary judgment and dismissing plaintiff's complaint, which alleged that (1) defendant violated the New ...

docket:	a4806-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	published
citation:	428 N.J.Super. 518 54 A.3d 813
Document Size:	80734

122 /usr/local/share/www/libweb/collections/courts/supreme/a2453-12.opn.html -- rank: 697

... counsel; Mr. DeMichele of counsel and on the brief). Nicholas S. Jajko (Schwartz Culleton PC) argued the cause for respondent Michael ... and Seniors Management North (collectively, "Galloway"), challenge the trial court's denial of Galloway's motion to dismiss plaintiff's negligence and survivorship action and to refer the case to ... the authority to bind the decedent, his wife, to Galloway's standardized mandatory arbitration provisions when she was admitted to its nursing home. Because plaintiff's legal authority to bind the decedent to mandatory arbitration ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48731

123 State v. Edward Ronald Ates -- rank: 697

... Electronic Surveillance Control Act (Wiretap Act or Act), N.J.S.A. 2A:156A-1 to -37, is unconstitutional because it ... The jury found defendant guilty. The Appellate Division affirmed defendant’s conviction. State v. Ates , 426 N.J. Super . 521 (App. Div. 2012). The panel rejected defendant’s argument about the Act’s “extraterritorial” reach and noted that the statute “requires ... the same thing.” Ibid. The panel also rejected defendant’s other arguments: that the trial court imposed an inadequate remedy for the State’s unlawful interception of an attorney-client conversation; that the ...

docket:	A-52-12
court:	NJ Supreme Court
decided:	2014-03-18
status:
citation:	217 N.J. 253 86 A.3d 710
Document Size:	108440

124 State v. Robert A. Figueroa -- rank: 697

... given multiple conflicting statements to the police and to Figueroa�s investigator, variously stating that they did not recall anything or ... earlier, the basic instructions that I gave you yesterday.� Figueroa�s counsel objected to the supplemental instruction, arguing it was �too ... surrender their honest convictions� merely to return a verdict. Figueroa�s counsel also asked the court to explain to the jurors ... verdict. In an unpublished opinion, the Appellate Division reversed Figueroa�s conviction and remanded for a new trial. The panel concluded that the trial court�s comments in the supplemental charge relating to potential weekend deliberations ... and were �impermissibly coercive.� The Supreme Court granted the State�s petition for certification. 188 N.J. 358 (2006). HELD : ...

docket:	a-38-06
court:	njsupreme
decided:	2007-04-26
status:
citation:	*CITE_PENDING*
Document Size:	101690

125 RIC MALIK, et al. v. A. FRED RUTTENBERG, et al. -- rank: 694

... DOCKET NO. A-6615-06T36615-06T3 RIC MALIK and KAREN S. MALIK, h/w, Plaintiffs-Respondents, vs. A. FRED RUTTENBERG, ESQUIRE ... Mr. Shrimp and Joo Y. Park, on the brief). David S. Rochman argued the cause for respondents. The opinion of the ... A.D. In this appeal we address whether N.J.S.A. 2A:23B-14a immunizes defendants American Arbitration Association (AAA ... and Liloia knew of the dangerous propensities of the homeowner's attorney but failed to exercise reasonable care to control these ... filed an answer in which they asserted that N.J.S.A. 2A:23B-14 immunized them from liability. On June ... responsive pleading, to file a motion to dismiss an opponent's complaint, counterclaim, cross-claim, or third-party complaint for " ...

docket:	a6615-06
court:	njappellate
decided:	2008-03-03
status:	published
citation:	398 N.J.Super. 489
Document Size:	48869

126 EDUARDO CORTEZ v. JOSEPH G. GINDHART -- rank: 694

... on the brief). Goldberg Segalla, LLP, attorneys for respondents (Matthew S. Marrone and Gregory D. Hanscom, on the brief). The opinion ... affirm. I Cortez was the owner and operator of People's Multiple Services, a tax preparation business in Atlantic City. In ... Department of Justice states it is in response to Gindhart's November 27, 2006 letter "regarding the investigation of your client ... of income taxes for the years 1993 to 1995 (26 U.S.C. § 7201), two counts of making and subscribing a ... the false Offers in Compromise filed by Mr. Cortez (26 U.S.C. § 7206(1)), and 43 counts of ...

docket:	a0430-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:	435 N.J.Super. 589 90 A.3d 653
Document Size:	52664

127 CHARLES CEDENO VS MONTCLAIR STATE UNIVERSITY -- rank: 687

... violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, or the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. We hold that such ... County. After plaintiff was interviewed by Dr. Barry Cohen, MSU's Assistant Vice President of Administration and Finance, MSU hired him ... On November 7, 1989, Dr. Cohen, who was then plaintiff's supervisor, recommended that his employment contract not be renewed. Dr ... an opportunity to evaluate plaintiff. ����In March of 1996, plaintiff's new supervisor, defendant Raye Jean Mastrangelo, also recommended that plaintiff ... not be re-appointed. Mastrangelo cited numerous deficiencies in plaintiff's job performance, including his failure to maintain a cooperative ...

docket:	a4395-97
court:	njappellate
decided:	1999-03-09
status:	published
citation:	319 N.J.Super. 148
Document Size:	53572

128 STATE OF NEW JERSEY v. SHANE TIMMONS, -- rank: 687

... Defendant-Appellant. _________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. DANA S. KEARNEY, Defendant-Appellant. __________________________ Submitted December 16, 2019 – Decided January ... brief). Joseph E. Krakora, Public Defender, attorney for appellant Dana S. Kearney in A-4138-17 (Jay L. Wilensky, Assistant Deputy ... for purposes of this opinion, are pursued by defendants Dana S. Kearney, his cousin Joseph Kearney, A-2567-17T4 2 and ... homicide case, and found guilty of numerous crimes. The State's proofs showed that the victim, Christopher Sharp, was stabbed to ... 19 1. Boone ............................................................................................. 19 2. Evelyn ............................................................................................ 19 3. The State's Experts ......................................................................... 21 4. Character Witnesses for Defendants ............................................... 24 H. Motions ... B. Length of Deliberations ..................................................................... 60 VI. Non-Redaction of Evelyn's Assertions of Fear – Joseph and Dana .......... 64 VII. ...

docket:	a2567-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-07
status:	Unpublished
citation:
Document Size:	169163

129 Isaac Wright v. State of New Jersey et als. -- rank: 687

... vicariously liable for the actions of the Somerset County Prosecutor's Office (SCPO) employees and whether the State is required to ... privacy. ����In 1995, the Appellate Division affirmed all of Wright's convictions except the conviction for leading a narcotics trafficking network ... and trial. In December 1997, the trial court reversed Wright's remaining convictions, finding that high-ranking Somerset County law-enforcement ... an illegal search and seizure of cocaine used at Wright's trial; and that Somerset County Prosecutor Bissell knew about but ... terms of a favorable plea agreement with one of Wright's co- defendant's, a State witness at Wright's trial. The indictment ...

docket:	a-54-00
court:	njsupreme
decided:	2001-07-31
status:
citation:	169 N.J. 422
Document Size:	121292

130 STATE OF NEW JERSEY v. JAMES WANGER -- rank: 687

... body of Robert Solimine, Jr. was discovered in the driver's seat of his car on the property of a public ... school in Clifton, New Jersey. An autopsy confirmed that Solimine's death was due to "asphyxia by ligature strangulation." Solimine was ... time of his death. The investigation led to D.M.S., D.S. and F.C., three juveniles who were Solimine's acquaintances. The three juveniles informed the investigating officers that defendant ... them that, on the day of the murder, D.M.S. picked him up around 4:00 p.m. and ...

docket:	A1390-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-09
status:	unpublished
citation:
Document Size:	108209

131 CHARLES CEDENO VS MONTCLAIR STATE UNIVERSITY -- rank: 687

... violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, or the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. We hold that such ... County. After plaintiff was interviewed by Dr. Barry Cohen, MSU's Assistant Vice President of Administration and Finance, MSU hired him ... On November 7, 1989, Dr. Cohen, who was then plaintiff's supervisor, recommended that his employment contract not be renewed. Dr ... an opportunity to evaluate plaintiff. ����In March of 1996, plaintiff's new supervisor, defendant Raye Jean Mastrangelo, also recommended that plaintiff ... not be re-appointed. Mastrangelo cited numerous deficiencies in plaintiff's job performance, including his failure to maintain a cooperative ...

docket:	a4389-97
court:	njappellate
decided:	1999-03-09
status:	published
citation:	319 N.J.Super. 148
Document Size:	53571

132 JONATHAN K. LITTMAN v. MORGAN STANLEY DEAN WITTER, et al. -- rank: 684

... NASD"] in accordance with the terms of the executed Form U-4" and dismissing his complaint, and from an order of September 14, 1999, denying his motion for reconsideration. Plaintiff's complaint alleged violations of the Conscientious Employee Protection Act ("CEPA ... to arbitration." Hence, the principal issue before us, in plaintiff's words, "is whether a claim under [CEPA] is a 'statutory ... recruited [by MSDW] to give a speech . . . at the firm's next training class" for new broker dealers. ����Plaintiff claims that ... December 1988, he expressed concern to defendant Richard Less, MSDW's Fairfield branch manager, regarding "the legality of an employee bonus ... organization of securities brokers and dealers, as defined by 15 U.S.C.A. �78c (a)(26), subject to regulation ...

docket:	A0903-99
court:	NJ Superior Court Appellate Division
decided:	2001-02-14
status:	published
citation:	337 N.J. Super. 134
Document Size:	47437

133 NEW JERSEY STATE ASSOCIATION OF NURSE ANESTHETISTS, INC. v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS -- rank: 684

... of New Jersey, Law Division, Middlesex County, L-26-03. S. Elaine McChesney (Bingham McCutchen) of the Massachusetts bar, admitted pro ... provide, among the statutorily limited grounds upon which an arbitrator's award can be vacated, that such can occur "[w]here there was evident partiality . . . in the arbitrators." See 9 U.S.C.A. �10 (a)(2); See footnote 1 The issue ... Thomas Bishop, a broker. During the period of Del Piano's investments, the stock precipitously declined in value. Del Piano finally ... Association of Securities Dealers (NASD), asserting the unsuitability of Bishop's recommendations, broker negligence and fraud. A panel of three ...

docket:	a2729-02
court:	njappellate
decided:	2004-11-03
status:	published
citation:	372 N.J. Super. 503
Document Size:	38108

134 Taylor v. Metzger -- rank: 684

... an African American who has been a Burlington County sheriff's officer since 1972. On January 31, 1992, Taylor was at ... and said hello. Metzger turned to Isham and stated: "There's the jungle bunny." Isham laughed. Taylor believed the remark to ... with "post-traumatic stress disorder." The psychiatrist concluded that Taylor's disorder was directly related to and caused by the racial ... to have created a hostile work environment. In addition, Taylor's proffered evidence is sufficient to posit a claim based on ... severe emotional distress. The factfinder must also determine whether Taylor's reaction was atypical, or whether Metzger's conduct was capable of causing genuine and substantial emotional ...

docket:	a-9-97
court:	njsupreme
decided:	1998-02-18
status:
citation:	152 N.J. 490
Document Size:	115936

135 LEONIDES VELAZQUEZ v. CITY OF CAMDEN -- rank: 681

... J.A.D. Plaintiff Leonides Velazquez appeals from the jury's no cause verdict in his New Jersey Civil Rights Act ... co-defendant City of Camden, at the close of plaintiff's case pursuant to Rule 4:37-2, and the court's order denying his motion for new trial as to both ... in Camden with one of his sisters when his girlfriend's mother and sister drove up in a van shortly after ... girlfriend and breaking a window at her home. The girlfriend's mother was standing half in and half out of the driver's seat yelling at plaintiff, who stood about ten feet ...

docket:	a4627-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-14
status:	published
citation:	447 N.J.Super. 224 146 A.3d 681
Document Size:	75509