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151 STATE OF NEW JERSEY v. CALVIN PRESLEY -- rank: 643

... P. Reilly argued the cause for appellant Calvin Presley. Joseph E. Krakora, Public Defender, attorney for appellants Shilyre Collins and Darlene ... defendant raised the issue of disqualification prior to the prosecutor's disclosure. In October 2012, Presley moved for an order declaring ... and dismissing the charges against him. Collins later joined Presley's motion. In December 2012, while the motion was pending, the ... the time he issued the orders. To the contrary, Presley's counsel stated he had "no reason to believe that [the ... for an "ex post facto analysis" in which the judge's failure to recuse himself sua sponte should be evaluated "in ... Collins but against all the defendants in both indictments. Collins's attorney argued that the warrants were legally defective and ...

docket:	a4816-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:	436 N.J.Super. 440 94 A.3d 921
Document Size:	87463

152 JAZMIN C. FLORES-GALAN v. J.P. MORGAN CHASE & CO., N.A -- rank: 643

... Family and Medical Leave Act (FMLA or Act), 29 U.S.C.A. §§ 2601 to -16, initially resigned from ... violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. On September 29, 2010 ... agreement was governed by "the Federal Arbitration Act, 9 U.S.C.A. § 1 et seq.," and waived plaintiff’s right to a jury trial for all claims, based on ... employees. . . . . 17. Because of the interstate nature of Washington Mutual's business, this Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq ("FAA"). The provisions of ...

docket:	a1802-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	38683

153 JERSEY CITY v. INTERSTATE INDUSTRIAL CORP -- rank: 643

... Defendant-Respondent/ Cross-Appellant, and XL SPECIALTY INSURANCE COMPANY and S.M. ELECTRIC COMPANY, INC., Defendants, and TAK CONSTRUCTION, INC., SAFECO ... and on the brief; Mr. Cedrone, on the briefs). Robert S. Cosgrove argued the cause for respondent/cross-appellant Interstate Industrial ... brief; Mr. Ross, of counsel and on the brief; Michael S. Kerr, on the brief). PER CURIAM These consolidated appeals arise ... general construction. Safeco Insurance Company of America (Safeco) was TAK's surety, and XL Specialty Insurance Company (XL) was Interstate's surety. Zemsky was to supply "normal" structural, mechanical and electrical ... design and construction drawings and specifications. Imperial was the project's construction manager, with responsibility to monitor the quality of ...

docket:	a0778-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-17
status:	unpublished
citation:
Document Size:	69847

154 Carter-Wallace v. Admiral Insurance -- rank: 643

... to remove and dispose of waste generated at the company's Cranbury, New Jersey plant. The waste was transported to the ... from April 30, 1969 to April 30, 1972. ����Commercial Union's policy provided $1 million in coverage, which was part of ... not attach unless and until the insured, or the insured's underlying insurer, shall have paid the amount of the underlying ... tried before a jury on the issue of Commercial Union's liability. The court instructed the jury that Commercial Union bore ... N.J. 1 , 86-87 (1993), cert. denied , 512 U.S. 1245 , 114 S. Ct. 2764 (1994) for determining whether Carter-Wallace expected ...

docket:	a-129-97
court:	njsupreme
decided:	1998-07-08
status:
citation:	154 N.J. 312
Document Size:	72959

155 BAYSIDE CHRYSLER PLYMOUTH JEEP EAGLE, INC. v. ELIZABETH MA & DAVID MA -- rank: 639

... County, Special Civil Part, Docket No. DC-9699-02. Russell S. Massey argued the cause for appellant/ cross-respondent. Laurence H ... locks, cruise control, dual air conditioner and heat, power driver's seat, am/fm cassette, alloy wheels, and forest green exterior ... THE SELLER AND THE BUYER". In the line marked "BUYER'S SIGNATURE", "PHONE ORDER" was handwritten. It also states "IF THIS ... Villager Mercury 1998." She hand delivered this check to Bayside's accounting office. Although no one questioned the payment, Bayside's Chief Financial Officer, Michael Quick, indicated that on October 19 ... retail installment sales contract. When defendants failed to answer Bayside's complaint, Bayside obtained a default judgment and shortly thereafter ...

docket:	a3575-04
court:	njappellate
decided:	2006-05-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	91206

156 STATE OF NEW JERSEY VS KENNEDY SMITH -- rank: 636

... indictment charging defendant with first degree attempted murder ( 411 U.S. 258 , 267, 93 S.Ct. 1602 , 1608, 36 L.Ed.2d 235 , 243 (1973); State v. Truglia , 97 N.J. 513 ... entry of the guilty plea." Tollett v. Henderson , 411 U.S. at 267, 93 S.Ct. at 1608, 36 L.Ed. 2d at 243. See also State v. Peters , 129 N. ...

docket:	a1205-94
court:	njappellate
decided:	1997-12-29
status:	published
citation:	306 N.J.Super. 370
Document Size:	35124

157 MAGNET RESOURCES, INC. VS. SUMMIT MRI, INC. AND MAGDY ELAMIR, M.D., MOHAMED HANAFY, AND KENNEDY MRI, INC. -- rank: 633

... for respondent/cross-appellant (Robert J. ��� Stickles, of counsel; Marc E. Wolin, on ��� the brief). ��� The opinion of the Court was ... reasonably deems itself insecure because of the other contracting party's threatened material breach to demand concrete assurances of performance and ... to which a contracting party injured by the other party's material breach is entitled to include overhead and other fixed ... cross-appealed. ��� Summit did not object to the trial court's jury instructions. However, it argues to us that the instructions ... misleading because the jury was not told that one party's material breach relieves the other party of its duty to ... maintenance and emergency repair services for the MRIs at Summit's Paterson and Irvington installations. Magnet Resources also supplied cryogens ...

docket:	a6592-96
court:	njappellate
decided:	1998-12-16
status:	published
citation:	318 N.J. Super. 275
Document Size:	51303

158 STATE OF NEW JERSEY v. STATE OF NEW JERSEY -- rank: 630

... two counts of Medicaid fraud, in violation of N.J.S.A. 30:4D-17, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:20-4, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:5-2. Codefendants moved to suppress evidence obtained in a search incident to Babatunde's arrest. After an evidentiary hearing, the trial court denied ...

docket:	a4551-03
court:	njappellate
decided:	2006-08-03
status:	published
citation:	*CITE_PENDING*
Document Size:	37450

159 HARLEY DAVIDSON MOTOR CO., INC. V. ADVANCE DIE CASTING, INC ET AL -- rank: 630

... insurer, Northbrook Property and Casualty Insurance Company (Northbrook). The court's dismissal was based upon plaintiff's alleged failure to comply with the entire controversy doctrine. We ... Casting was defective and was the cause of the motorist's injuries. The letter also included a demand that Advance Die ... Casting referred the letter to Northbrook, which refused Harley Davidson's demand, indicating that Northbrook, on behalf of Advance Die Casting ... date and location, expenses incurred to date, and Harley Davidson's intent to seek indemnification and judgment for all expenses as ... July and August 1993, and the jury found the motorcycle's clutch chain cover was defectively manufactured but determined that ...

docket:	A1945-95
court:	NJ Superior Court Appellate Division
decided:	1996-06-18
status:	published
citation:	292 N.J. Super. 62
Document Size:	34753

160 BIS LP, Inc v. DIRECTOR -- rank: 630

... J.T.C. This opinion shall serve as the court’s determination of cross motions for summary judgment filed by the ... BIS’ motion for summary judgment is granted and the Director’s motion for summary judgment is denied. The facts in this ... taxed as an “Investment Company” pursuant to N.J.S.A. 54:10A-4(f). In 2003, BIS’ sole interest ... BIS was denied investment company status based on the Director’s claim that the 2006 amendment to N.J.A.C ... BIS for additional CBT in the amount of $889,244.74, which included penalties and interest through January 15, 2006. BIS ... conference on September 29, 2006. The conferee upheld the auditor’s determination and the Director issued a Final Determination dated ...

docket:	07847-07
court:
decided:	2009-07-30
status:
citation:
Document Size:	67967

161 AMERICAN FIRE AND CASUALTY COMPANY v. DIRECTOR, DIVISION OF TAXATION, -- rank: 630

... refunds of retaliatory tax assessed against them under N.J.S.A. 17:32-15. 1 They claim that defendant Director ... the Director took into account the provisions of N.J.S.A. 54:18A-6. This statute provides that, if a ... to twelve and one-half percentum (12½%) of such company’s total premiums collected during the same year on all policies ... judgment. For the reasons set forth below, I grant defendant’s motions and deny plaintiffs’ motions. For the tax years in ... based on the 12.5% cap provided in N.J.S.A. 54:18A-6. In its initial 1999 tax return ... on July 21, 2001, issued his final determination denying American’s claim for refund. This appeal ensued. The initial tax ...

docket:	04714-01
court:
decided:	2003-12-02
status:
citation:	21 N.J. Tax 155
Document Size:	65138

162 Prevratil v. Mohr -- rank: 627

... accident. Mohr drove his vehicle into the rear of Prevratil's truck which then struck Olsen's vehicle. ����Olsen filed a personal injury action on May 2, 1989, naming Prevratil, Mohr, Benjo and Rich Hill. Olsen's counsel served a summons and complaint on Prevratil at his ... his name on the certified-mail return-receipt card. ����Benjo's insurer retained the law firm of Crowley & Cross to represent ... filed an answer and cross-claim for contribution on Prevratil's behalf. The answer did not assert any cross-claims or ... of the pendency of the Olsen action or Crowley & Cross's appearance in that action on his behalf. ����The trial ...

docket:	a-52-95
court:	njsupreme
decided:	1996-07-10
status:
citation:	145 N.J. 180
Document Size:	99179

163 GREEN TOWNSHIP EDUCATION ASSOCIATION v. STEPHEN P. ROWE, et al. -- rank: 627

... At issue is whether the Green Township Board of Education's conflict of interest policy barring teachers from engaging in specified ... from enforcing its policy. The Chancery Division granted the Board's motion for summary judgment. The Association appeals. We affirm in ... reverse in part. We conclude that parts of the Board's conflict of interest protocol substantially restrict constitutionally protected conduct and ... we perceive no constitutional impediment to enforcement of the Board's prohibition against the display of political buttons in the context ... of this policy may result in disciplinary action. ����The Board's protocol apparently attracted little attention until the Association's collective bargaining agreement expired. At that juncture, teachers began ...

docket:	a2528-98
court:	njappellate
decided:	2000-02-28
status:	published
citation:	328 N.J.Super. 525
Document Size:	44844

164 LITTON INDUSTRIES, INC. et al. v. IMO INDUSTRIES, INC., VARO, INC., BAIRD CORPORATION, et al. -- rank: 627

... the cause for respondents/cross-appellants (Blank Rome LLP, Norman E. Greenspan (Blank Rome LLP) of the Pennsylvania bar, admitted pro ... between September 21 and November 15, 2004. Following the court's denial of defendants' motion for judgment at the close of ... of liability; and plaintiff brought its action beyond the Agreement's limitations period. Defendants also appealed from the court's counsel fee and prejudgment interest awards, contending that they were ... of the parties' arguments, because the court improperly precluded plaintiff's claims for lost profits and administrative expenses, we reverse the ... president, wrote a letter of intent to William Brown, IMO's chief financial officer, agreeing to purchase those parts of ...

docket:	A1444-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-28
status:	unpublished
citation:
Document Size:	146807

165 STATE OF NEW JERSEY v. DIRON CHARLES WRIGHT -- rank: 627

... three counts of third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1), three counts of second ... of cocaine with the intent to distribute it, N.J.S.A. 2C:35-5b(2), three counts of second-degree distribution of cocaine, N.J.S.A. 2C:35-5b(2), and one count of first-degree maintenance of a drug production facility, N.J.S.A. 2C:35-4. Defendant was convicted by a jury ... THE TRIAL COURT ABUSED ITS DISCRETION IN PERMITTING THE PROSECUTOR'S EXERCISE OF THE ONLY PEREMPTORY CHALLENGE THE STATE EXERCISED TO ... UNCONSTITUTIONALLY IMPERMISSIBLE GROUNDS OF PRESUMED RACE BIAS OVER DEFENSE COUNSEL'S TIMELY OBJECTIONS, THEREBY PREJUDICALLY AFFECTING APPELLANT'S STATE AND ...

docket:	a3978-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-08
status:	unpublished
citation:
Document Size:	50532