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91 Alexander, et al. v. Seton Hall University, et al. -- rank: 704
... timeliness of a wage discrimination complaint, brought under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, which the courts below ... analysis would be controlled by the United States Supreme Court’s 2007 opinion in Ledbetter v. Goodyear Tire & Rubber Company , which ... within the two-year period immediately prior to the complaint’s filing, were the result of allegedly intentional discriminatory pay decisions ... unsuccessfully seeking reconsideration, plaintiffs moved to amend the motion court’s order into a final order dismissing the entire complaint. They ... alleged during the statute of limitations period; therefore the court’s order effectively dismissed the entire complaint. The order was ...
docket: a-87-09
court: New Jersey Supreme Court
decided: 2010-11-23
status:
citation:
Document Size: 80652
92 STATE OF NEW JERSEY v. HAKEEM MALONEY -- rank: 704
... cause for appellant Naim Jones in A-5706-18 (Joseph E. Krakora, Public Defender, attorney; Stephen W. Kirsch, on the brief). Joseph E. Krakora, Public Defender, attorney for appellant Rashan M. Jackson in ... the trial judge imposed on Maloney and Jackson. In Jones's case, however, we remand for resentencing. I. An Essex County ... commit murder, contrary A-2313-18 3 to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1)(2) (count one); first-degree murder, contrary to N.J.S.A. 2C:11-3(a)(1)(2) (count two); ...
docket: a2313-18
court: NJ Superior Court Appellate Division
decided: 2022-10-26
status: Unpublished
citation:
Document Size: 140231
93 M. DAVID CAREY v. NMC GLOBAL CORPORATION -- rank: 704
... complaint against his former employer, NMC Global Corporation ("NMC"). NMC's motion was predicated upon a release plaintiff signed on the ... material facts, and then we decide "whether the motion judge's application of the law was correct." Atl. Mut. Ins. Co ... 1995). We accord no special deference to the motion judge's conclusions on issues of law. Zabilowicz v. Kelsey , 200 N ... following acknowledgment, which plaintiff read in its entirety: 16. EMPLOYEE'S ACKNOWLEDGEMENT . EMPLOYEE ACKNOWLEDGES AND WARRANTS THAT HE IS SIGNING THIS ... On that same date, Plaintiff sent a letter to NMC's Parlin office, in which he wrote: Please do not deposit ... offered to me Monday. On February 14, 2010, despite plaintiff's explicit instruction, NMC deposited the money directly into his ...
docket: a6042-11
court: NJ Superior Court Appellate Division
decided: 2013-08-26
status: unpublished
citation:
Document Size: 54439
94 PETRIC ASSOCIATES, INC v. CCA CIVIL, INC -- rank: 704
... Law Division, Hudson County, Docket No. L-1596- 16. Lawrence S. Lustberg argued the cause for appellant (Gibbons PC, and Peckar & Abramson, PC, attorneys; Lawrence S. Lustberg, Jennifer Ann Hradil, Jason R. Halpin, Gerard J. Onorata ... for violation of the Prompt Payment Act (PPA), N.J.S.A. 2A:30A-1 to -2; and 4) $500,000 ... and a separate award of $260,911.36 in attorney's fees. The jury considered a wealth of evidence that defendant ... PSE&G) wiring that not only would have altered plaintiff's decision to enter into the contract on the agreed terms, but also placed plaintiff's employees at significant risk of harm. The trial proofs ...
docket: a3571-17
court: NJ Superior Court Appellate Division
decided: 2020-06-08
status: Unpublished
citation:
Document Size: 102296
95 State v. John Widmaier -- rank: 704
... federal and state constitutions bars the State from appealing Widmaier's acquittal of the refusal charge.     John Widmaier was arrested for ... the taking of breath samples. Widmaier responded to the officer's request by saying that he wanted to call his lawyer ... be present "for calibration purposes." The officer determined that Widmaier's response constituted a refusal to take the breathalyzer test. Widmaier ... was not barred by double jeopardy principles from appealing Widmaier's acquittal on the refusal charge because that charge is civil ... Both parties appealed to the Appellate Division, which affirmed Widmaier's DWI conviction and upheld the dismissal of the refusal charge ... federal and state constitutions bars the State from appealing Widmaier's acquittal of the refusal charge. 1. To facilitate the ...
docket: a-169-97
court: njsupreme
decided: 1999-03-03
status:
citation: 157 N.J. 475
Document Size: 62149
96 IN THE MATTER OF P.L. 2001, CHAPTER 362. v. THE STATE OF NEW JERSEY -- rank: 701
... 3389-03T3 (Fox and Fox, attorneys; Mr. Fox and Dena E. Epstein, of counsel and on the brief). Cynthia M. Jacob ... Chapter 362 (the "Act"), codified in part as N.J.S.A. 2B:10A-1 to -3 and amending N.J.S.A. 2C:39-6, establishes within the Administrative Office of ... authorized to carry a firearm in accordance with N.J.S.A. 2A:168-5, ET SEQ., ESTABLISHING THE PROBATION DEPARTMENT, WAS A VALID EXERCISE OF THE LEGISLATURE'S CONSTITUTIONAL GRANT OF POWER. POINT III P.L. 2001, CHAPTER ... 362 IS SUBSTANTIVE LAW, VALIDLY ENACTED PURSUANT TO THE LEGISLATURE'S CONSTITUTIONALLY GRANTED POLICE POWER. POINT IV THE DOCTRINE OF ...
docket: a3389-03
court: njappellate
decided: 2005-02-18
status: published
citation: *CITE_PENDING*
Document Size: 103391
97 DEG, LLC v. TOWNSHIP OF FAIRFIELD, et al. -- rank: 701
... be found at 398 N.J.Super. 59, 939 A.2d 261. (NOTE: The status of this decision is unpublished .) NOT ... appellants (Stern, Lavinthal, Frankenberg & Norgaard, attorneys; Mr. Stern and Mark S. Winter, on the brief). Dennis J. Oury argued the cause ... reasonably concludes there is a substantial question concerning the statute's constitutionality and the costs of the statute's defense are not justifiable. However, the governmental body may seek ... the law or facts since its entry. I N.J.S.A. 2C:34-7 prohibits any person from operating a ... of this prohibition constitutes a fourth-degree crime. N.J.S.A. 2C:34-7d. In Township of Saddle Brook ...
docket: a5181-06
court: njappellate
decided: 2008-01-31
status: published
citation: 398 N.J.Super. 59
Document Size: 74403
98 IN RE PELVIC MESH GYNECARE LITIGATION -- rank: 701
... Law Division, Atlantic County, Docket No. L-6341-10. Kelly S. Crawford argued the cause for appellants Ethicon, Inc. and Johnson ... we granted defendants leave to appeal from the Law Division's May 26, 2011 pretrial order barring defendants from consulting with ... with Dr. Zyczynski. At the time of the Supreme Court's September 13, 2010 order assigning the cases for joint case ... the parties in many of the cases. The Supreme Court's order allows one judge in the State to become closely ... be used as an expert witness in the patient-plaintiff's own case. 3 In support of their motion for a ... identified in plaintiffs' list. At the time of the court's order, the number of plaintiffs had risen to more ...
docket: a5685-10
court: NJ Superior Court Appellate Division
decided: 2012-06-01
status: published
citation: 426 N.J. Super. 167 43 A.3d 1211
Document Size: 108099
99 JOSEPH H. VERNA, and WENDY L. VERNA, husband et al. v. THE LINKS AT VALLEYBROOK NEIGHBORHOOD ASSOCIATION, INC. -- rank: 698
... be found at 371 N.J. Super. 77, 852 A.2d 202. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE ... Decided July 6, 2004 Before Judges Skillman, Coburn and C.S. Fisher. On appeal from Superior Court of New Jersey, Law ... enforce its own parking regulations, (b) whether such an association's board of directors exceeds its authority to conduct elections when ... a defamation claim, a candidate for election to an association's board of directors should be considered a "public figure." For ... as a not-for-profit corporation pursuant to N.J.S.A. 15A:1-1 to 16-2.     By way of ... regulation concerning the parking of his vehicle on the association's streets and in his driveway, (2) the association's ...
docket: a5438-01
court: njappellate
decided: 2004-07-06
status: published
citation: 371 N.J. Super. 77
Document Size: 56721
100 STATE OF NEW JERSEY v. GREGORY A. MARTINEZ, -- rank: 698
... Law Division, Middlesex County, Indictment No. 17-05- 0586. Jeffrey S. Farmer argued the cause for appellant (Mazraani & Liguori LLP, attorneys; Jeffrey S. Farmer and Joseph M. Mazraani, on the briefs). Joie D ... State of New Jersey Office of the Attorney General (Gurbir S. Grewal, Attorney General, attorney; Valeria Dominguez, of counsel and on ... State of New Jersey Office of the Public Defender (Joseph E. Krakora, Public Defender, attorney; Joseph J. Russo, of counsel and ... P.J.A.D. This novel case concerns a prosecutor's office's use of body wires on a paid informant, an ...
docket: a3479-18
court: NJ Superior Court Appellate Division
decided: 2019-10-29
status: Published
citation:
Document Size: 126724
101 GROW COMPANY, INC v. DILIP CHOKSHI -- rank: 698
... be found at 403 N.J.Super. 443, 959 A.2d 252. (NOTE: The status of this decision is published .) NOT ... attorneys; Mr. Ravin, of counsel and on the brief; Richard E. Kummer, on the brief). The opinion of the court was ... Grow claims that, during his employment, Chokshi learned of Grow's alleged trade secrets and proprietary processes. In 1982, Chokshi executed ... of product disparagement, trade libel, and the conversion of Grow's trade secrets. The parties to that suit eventually resolved their ... of the world to and including the date of Grow's execution of this Agreement." The settlement agreement was executed on ... his alleged course of unfair competition through use of Grow's alleged trade secrets and proprietary information. Grow alleged it ...
docket: a4282-06
court: njappellate
decided: 2008-11-12
status: published
citation: 403 N.J.Super. 443
Document Size: 125289
102 VRG CORPORATION V. GKN REALTY CORPORATION -- rank: 698
... to a new owner who, although aware of the broker's claim, had not agreed to be responsible for the commissions ... the commission due at the time of the shopping center's opening but Stuart Perlman, the principal of Golden Reef, refused. Paragraph four of the agreement sets VRG's commission at six percent of each monthly rental payment received ... when she learned of the impending sale, she advised GKN's real-estate attorney that VRG had an ongoing commission contract ... Reef was to be responsible for payment of any broker's commissions. According to Backos, Perlman told her that he would ... then filed a Chapter 11 bankruptcy petition, effectively foreclosing VRG's claim for commissions against it.     The trial court determined ...
docket: a-31-93
court:
decided: 1994-05-18
status:
citation: 135 N.J. 539
Document Size: 87753
103 Quincy Mutual Fire Insurance v. The Borough of Bellmawr -- rank: 695
... also be found at 172 N.J. 409, 799 A.2d 499.      SYLLABUS (This syllabus is not part of the opinion ... In 1981, the Environmental Protection Agency (EPA) revoked the Landfill’s registration and a New Jersey court ordered its closure. An ... the Superfund national Priorities List, a list of the nation’s most threatening hazardous waste sites. In September of 1985, the ... agreement stating that Century and Quincy would pay the Borough’s defense costs but that the carriers later could pursue the ... insurance policies issued by Quincy and other insurance carriers. Quincy’s claims against all but Century were dismissed. During the non ... that Quincy was not entitled to contribution for the Borough’s environmental liability. The court found that the property damage ...
docket: a-4-01
court: njsupreme
decided: 2002-06-25
status:
citation: 172 N.J. 409
Document Size: 96213
104 STATE OF NEW JERSEY v. T.C., -- rank: 695
... be found at 347 N.J. Super. 219, 789 A.2d 173. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE ... by the indictment, but also before that, when T.C.'s pattern of abuse included food deprivation which stopped only when Billy's grandmother assumed his custody and cared for him for approximately ... daily occurrence until Billy was finally removed from T.C.'s custody in November 1996.     The evidence against defendant was overwhelming. It included testimony from Billy's grandmother, his sister, his father, a friend and neighbor to ... defendant described her abuse of Billy, two of the boy's teachers, and a surreptitiously made tape on which defendant ...
docket: a3343-99
court: njappellate
decided: 2002-02-04
status: published
citation: 347 N.J. Super. 219
Document Size: 61670
105 STATE OF NEW JERSEY v. ALTURIK FRANCIS -- rank: 695
... Law Division, Union County, Indictment No. 05-06-0707. Joseph E. Krakora, Public Defender, attorney for appellant (Michael Confusione, Designated Counsel ... PER CURIAM Defendant was convicted of breaking into Majoly Collins's apartment, robbing her, raping her at knife point, stabbing her ... a fourth victim. That victim survived to testify at defendant's trial, where she identified him as the attacker. 1 The ... the sentence, raising the following appellate issues: POINT I: DEFENDANT'S MOTION TO SUPPRESS HIS STATEMENTS TO POLICE SHOULD HAVE BEEN ... OF HEARSAY STATEMENTS VIOLATED THE RULES OF EVIDENCE AND DEFENDANT'S CONSTITUTIONAL RIGHT TO CONFRONT THE WITNESSES AGAINST HIM. POINT IV ... IDENTIFICATION TESTIMONY PERMITTED AGAINST DEFENDANT WAS IMPROPER AND VIOLATED DEFENDANT'S DUE PROCESS RIGHTS. POINT V: THE PROSECUTOR EXCEEDED FAIR ...
docket: a1741-09
court: NJ Superior Court Appellate Division
decided: 2012-08-07
status: unpublished
citation:
Document Size: 69986
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