Search Rutgers Law Library N.J. Court Opinions

91 CSX TRANSPORTATION INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 779

... The tax is based on a calculation of each railroad's New Jersey-derived net operating income as a percentage of ... net income the railroad derives operating world-wide. N.J.S.A. 54:29A-13 to -15. On cross-motions for ... 421 (Tax 2005). To compute the percentage of each railroad's net income attributable to its operations in New Jersey, the Director multiplied a fraction against each railroad's nationwide net income. Id. at 405. As the numerator of ... applied the statutory ten percent tax rate, see N.J.S.A. 54:29A-13, to the railroad's income attributed to its New Jersey operations to arrive ...

docket:	a6102
court:	NJ Superior Court Appellate Division
decided:	2007-05-24
status:	published
citation:
Document Size:	68676

92 STATE OF NEW JERSEY VS WILLIAM DAVID JONES -- rank: 776

... in this capital murder prosecution under Bergen County Indictment No. S-1452-95. The orders (1) denied the State's application to permit it to use for impeachment purposes certain of defendant's statements to Officer Ziegler; (2) suppressed certain writings seized at defendant's home pursuant to a search warrant; and (3) ordered the ... that, in the event "the Appellate Division [reverses] this court's ruling . . . concerning the opinions set forth in [the medical examiner's] supplemental report, there shall be separate guilt and penalty ...

docket:	a0061-97
court:	njappellate
decided:	1998-01-27
status:	published
citation:	308 N.J.Super. 15
Document Size:	89892

93 STATE OF NEW JERSEY v. SHILOH SMITH -- rank: 776

... 08-09-01543: third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5 ... to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7; and second-degree possession of cocaine within 500 feet of a public building, N.J.S.A. 2C:35-7.1. 1 After the verdict, defendant ... of third-degree attempted theft of over $500, N.J.S.A. 2C:5-1 and 2C:20-3; and third-degree issuing a bad check, N.J.S.A. 2C:21-5. 2 Pursuant to the plea ...

docket:	a0574-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	52861

94 IN THE MATTER OF M.M ANCORA PSYCHIATRIC HOSPITAL, NEW JERSEY DEPARTMENT OF HEALTH -- rank: 773

... the cause for respondent New Jersey Department of Health (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... counsel; Caroline Gargione, Deputy Attorney General, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent New Jersey Civil Service ... of the Department of Human Services (DHS) determined M.M.'s claims of sexual harassment and discrimination by a male clinical ... the Birch D ward, on the same team with F.S., the team's psychiatrist. J.U. was the administrator of psychological services at Ancora. According ...

docket:	a4189-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-16
status:	Unpublished
citation:
Document Size:	52651

95 State v. Richard Feaster -- rank: 773

... a foreign jury be impanelled from Salem County.     At Feaster's trial, the State presented the testimony of a circle of ... that he had "killed the guy" and "blew the dude's head off." Also, Feaster insisted on watching the 11:00 ... a robbery. Slightly less than $200 was taken from Donaghy's pocket after he was shot. Feaster presented ten mitigating factors ... a death sentence. HELD : Any error in the trial court's sequential presentation of own-conduct murder and accomplice-liability murder ... the circumstances presented here, however, any error in the court's sequential presentation of own-conduct murder and accomplice-liability murder ... harmless. Because only one individual pulled the trigger, the jury's finding that Feaster was the shooter necessarily reflected its ...

docket:	a-1-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	156 N.J. 1
Document Size:	239105

96 CARGILL MEAT SOLUTIONS CORP v. DIRECTOR -- rank: 773

... involves the Clean Communities Program Act (the Act), N.J.S.A. 13:1E-213 to -223, which imposes a tax ... and distributes meat products through its Swedesboro facility. N.J.S.A. 13:1E-216 exempts from the tax 'sale[s] by a wholesaler or distributor to another wholesaler or distributor ... exemption. Defendant Director of Division of Taxation (Division) audited Cargill's tax returns for the years at issue and issued a ... Tax 506 (Tax 2020), Judge Mark Cimino granted the Division's motion and found the Legislature could rely on N.J.S.A. 13:1E-217 ('General Provision 2'), as referenced ...

docket:	a1537-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-12
status:	Published
citation:
Document Size:	71058

97 BAILEY v. WYETH -- rank: 773

... Berezofsky and Kevin Haverty (Williams, Cuker & Berezofsky, attorneys) and Richard S. Lewis (Cohen, Milstein, Hausfeld & Toll, PLLC) of the Washington, D ... vice, for defendant Pfizer and Pharmacia & Upjohn Co. HAPPAS, J.S.C. I. Introduction This opinion addresses the motions for summary ... Co. (“Upjohn”), as to plaintiffs Dora and Carol Bailey’s claims for (1) violations of the New Jersey Products Liability Act (“PLA”), N.J.S.A. 2A:58C-1 to -11, including (a) failure to ... the New Jersey Consumer Fraud Act (“CFA”), N.J.S.A. 56:8-1 to -156. Plaintiffs’ claims arise out ... by the FDA and on the market today. c) Dora’s Use of Provera, Premarin, and Prempro Dora first complained ...

docket:	L-0999-06_1
court:	NJ Superior Court Law/Chancery Division
decided:	2008-07-11
status:
citation:
Document Size:	139312

98 NORFOLK SOUTHERN CORPORATION v. DIRECTOR, DIVISION OF TAXATION -- rank: 773

... The tax is based on a calculation of each railroad's New Jersey-derived net operating income as a percentage of ... net income the railroad derives operating world-wide. N.J.S.A. 54:29A-13 to -15. On cross-motions for ... 421 (Tax 2005). To compute the percentage of each railroad's net income attributable to its operations in New Jersey, the Director multiplied a fraction against each railroad's nationwide net income. Id. at 405. As the numerator of ... applied the statutory ten percent tax rate, see N.J.S.A. 54:29A-13, to the railroad's income attributed to its New Jersey operations to arrive ...

docket:	a6104-04
court:	njappellate
decided:	2007-05-24
status:	published
citation:	393 N.J. Super. 235
Document Size:	138014

99 State v. Steven J. Carty -- rank: 770

... hearing revealed that Coley was unable to produce his driver's license or vehicle registration. Coley and Carty advised the trooper ... A computer search disclosed that Coley had a valid driver's license and that the vehicle was not stolen. The evidence ... him if he could pat him down for the trooper's safety. Coley agreed, and the pat-down revealed no incriminating ... found that the search was conducted pursuant to the driver's voluntary and knowing consent. It also found that the pat ... justified as the least intrusive method of securing the trooper's safety while conducting the consent search of the vehicle. The trial court, therefore, denied Carty's suppression motion. Thereafter, a jury found Carty guilty as ...

docket:	a-28-00
court:	njsupreme
decided:	2002-03-04
status:
citation:	170 N.J. 632
Document Size:	90265

100 State v. Roosevelt Grey -- rank: 770

... the three felony murder counts.     The Appellate Division affirmed Grey's conviction and sentence, reasoning that consistent verdicts are not required ... to compromise, mistake or leniency.     The Supreme Court granted Grey's petition for certification limited to the issue of inconsistent verdicts ... not necessarily indicate that the jury was unconvinced of Grey's guilt, but might be the result of leniency or nullification ... cannot substitute its interpretation of the verdict for the jury's. The jury simply did not convict Grey of arson. The ... is not the case here. He concurs with the majority's holding that in the future, trial courts should instruct juries ... and JUSTICES HANDLER and STEIN join in JUSTICE O'HERN'S opinion. JUSTICE COLEMAN has filed an opinion concurring in ...

docket:	a-1-96
court:	njsupreme
decided:	1996-12-11
status:
citation:	147 N.J. 4
Document Size:	101068

101 State v. Clarence M. Moore -- rank: 770

... pre-trial hearings, the trial court ruled that M.A.’s hypnosis complied with Hurd , and permitted M.A.’s testimony as refreshed recollection. The court further ruled that M.A.’s out-of-court and in-court identifications of Moore were ... State played a portion of the tape of Dr. Babcock’s hypnosis session with M.A. The State offered no corroborating evidence of M.A.’s identification of Moore. On the witness stand, M.A. made ... her hypnotic experience. She explained that hypnosis made her assailant’s face much clearer with the features more detailed.     The ...

docket:	a-38-03
court:	njsupreme
decided:	2006-08-10
status:
citation:	180 N.J. 459
Document Size:	108504

102 Roy M. Victor v. State of New Jersey -- rank: 767

... adverse employment consequence is an essential element of a plaintiff’s claim that his employer discriminated against him by failing to ... to the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Plaintiff began his career ... a functional capacity test, was cleared medically by a worker’s compensation doctor and a division physician, and was returned to ... Commander and the only officer authorized to alter a trooper’s duty status, told plaintiff that he could not remain at ... a back injury on the disputed day in December. Plaintiff’s failure to accommodate claim relates only to the four-hour ... reference to adverse employment consequence as an element of plaintiff’s proofs. The jury returned a split verdict. The jury ...

docket:	a-2-09
court:	New Jersey Supreme Court
decided:	2010-09-13
status:
citation:	203 N.J. 383 4 A.3d 126
Document Size:	138451

103 STATE OF NEW JERSEY v. ANTWAN J. HORTON -- rank: 767

... defendant Antwan Horton of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and third-degree attempted aggravated assault, N.J.S.A. 2C:12-1(b)(1). The trial court sentenced ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a consecutive four years ... sentences. For the reasons that follow, we affirm. I. Defendant's convictions arose from his participation in a shooting that occurred ... serious bodily injury to David Rivera. At trial, the State's evidence of the circumstances surrounding the shooting was introduced primarily through Rivera's testimony. According to Rivera, he and Cunningham were shot ...

docket:	a1722-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	90029

104 STATE OF NEW JERSEY v. JULIO J. PINA-CATENA -- rank: 767

... found defendant guilty of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), second-degree burglary, N.J.S.A. 2C:18-2, third-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1), third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), third-degree computer theft, N.J.S.A. 2C:20-25(a), fourth-degree computer theft, N.J.S.A. 2C:20- 25(f), and third-degree hindering ...

docket:	a1191-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-30
status:	Unpublished
citation:
Document Size:	36054

105 STATE OF NEW JERSEY v. JOHN FIORE -- rank: 767

... respondent State of New Jersey in A-1078-09 (Jeffrey S. Chiesa, Attorney General, attorney; Lisa Sarnoff Gochman, Deputy Attorney General ... in exchange for Nemes constructing a new deck on defendant's home using EWPAL's funds. A grand jury indicted defendant for the following crimes ... or facilitate bribery in official and political matters, N.J.S.A. 2C:27-2d; misapplication of entrusted property, N.J.S.A. 2C:21-15; and official misconduct, N.J.S.A. 2C:30-2 (count one); 2. second-degree ...

docket:	a0960-09
court:	NJ Superior Court Appellate Division
decided:	2013-09-05
status:	unpublished
citation:
Document Size:	83024