Search Rutgers Law Library N.J. Court Opinions

61 BERNETICH, HATZELL & PASCU, LLC v. MEDICAL RECORDS ONLINE INC -- rank: 658

... A.D. In this appeal, we conclude that a hospital's medical records processor may not enforce a mandatory arbitration clause that it included in its invoice to a patient's attorney in response to a request for records. The hospital ... existing legal duty under State law to provide the patient's records. Consequently, the records requester's alleged bargain to arbitrate any dispute related to the invoice ... consideration, and thus unenforceable. We therefore affirm the trial court's order denying the records processor's motion to compel arbitration of a dispute over its ...

docket:	a0657-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-22
status:	published
citation:	445 N.J.Super. 173 136 A.3d 955
Document Size:	52670

62 JOYCE QUINLAN v. CURTISS-WRIGHT CORPORATION -- rank: 658

... anew, including the parties' further submissions following the Supreme Court's opinion, and with the benefit of additional oral argument, we ... damages awarded. In particular, we conclude that the trial court's jury instructions on front pay erroneously imposed a burden upon ... and that issue tried again, with updated proofs on plaintiff's efforts since 2007 to mitigate her damages and with proper ... Corporation in 1980 as a benefits analyst in the company's Human Resources ("HR") department. By 1999, she had been promoted ... department. In that capacity, plaintiff reported directly to the company's president and chief executive officer, Martin Benante. In January 2003 ... Human Resources and Management Development. As a result of Lewis's promotion, he became plaintiff's immediate supervisor, even though ...

docket:	a5728-06
court:	NJ Superior Court Appellate Division
decided:	2009-08-11
status:	published
citation:	409 N.J. Super. 193 976 A.2d 429
Document Size:	119758

63 TD BANK, ETC. VS. FARRENDALE INVESTMENTS, LLC, ET AL. -- rank: 651

... dealing, and violations of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -229, and the deficiency statutes, N.J.S.A. 2A:50-2 to 2A:50-10 and 2A ... 22 to 2A:50-28. We affirm the trial court's rulings that the case comes within one of the exceptions to the deficiency statute and that plaintiff's post-sale costs to be added to the amount due ... their home, Cragwood, a Georgian Revival mansion built in the 1920's and now a 112-acre estate in Somerset County, ...

docket:	a0896-22
court:	appellate
decided:	2024-07-31
status:	Unpublished
citation:
Document Size:	84521

64 O'Connell v. Montclair State University -- rank: 651

... to immunity under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11.     In October 1995, O ... defenses the New Jersey Torts Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3, and immunity ... Montclair was not entitled to charitable immunity because the university's judgments are paid from public funds pursuant to the TCA ... to charitable immunity. The Court expressly adopts the Graber court's determination that application of the statute turns on satisfaction of ... of only one interpretation, a court must infer the Legislature's intent from the statute's plain meaning. (Pp. 4-5). 2.    Charitable immunity was ...

docket:	a-93-00
court:	njsupreme
decided:	2002-05-06
status:
citation:	171 N.J. 484
Document Size:	49372

65 MARJAM SUPPLY CO INC v. COLUMBIA FOREST PRODUCTS CORPORATION -- rank: 651

... Deutsch, Mulvaney & Carpenter, LLP, attorneys; Mr. Zielinski, of counsel; Lawrence S. Cutalo, on the brief). Lawrence J. Sharon argued the cause ... denying its motion to dismiss plaintiff Marjam Supply Co., Inc.'s (Marjam) complaint and to compel arbitration. While acknowledging "the national ... declared by the Federal Arbitration Act (the FAA), 9 U.S.C.A. §§1 to 3, see Nitro-Lift Technologies, LLC v. Howard , 568 U.S. ___, ___, ___ S. Ct. ___, ___, ___ L. Ed 2d ___, ___ (Nov. 26, 2012) (slip op. at ...

docket:	a2520-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-13
status:	unpublished
citation:
Document Size:	35879

66 SSI MEDICAL SERVICES V. STATE OF NEW JERSEY DEPT OF HUMAN SERVICES -- rank: 648

... New Jersey Division of Medical Assistance and Health Services.         William S. Greenberg argued the cause for appellant (McCarter & English, attorneys; Mr ... The opinion of the court was delivered by HUMPHREYS, J.S.C. (temporarily assigned).     The New Jersey Division of Medical Assistance ... claims of plaintiff be rejected. Plaintiff appeals the Acting Director's decision.     After a thorough review of the record and the ... 24, 1994. We specifically do not agree with the DMAHS's policy of requiring a higher standard of proof. We add ... Attachment-B claims because he disagrees with the Chief ALJ's findings and conclusions for two reasons.                  The first reason is ... with the State legislative mandate set-forth in N.J.S.A. 30:4D-7, that the Commissioner maximize federal ...

docket:	a5489-93
court:	njappellate
decided:	1995-09-14
status:	published
citation:	284 N.J.Super. 184
Document Size:	50433

67 /usr/local/share/www/libweb/collections/courts/supreme/a3397-14.opn.html -- rank: 648

... fifty marijuana plants) with the intent to distribute, N.J.S.A. 2C:35-5(a)(1), -5(b)(10), after ... the so-called "grow facility" in the basement of defendant's Camden home. In doing so, defendant argues the court both ... arrest a parole absconder named Joel Hernandez, who was defendant's cousin. Bruno's investigation into Hernandez's whereabouts led him and a team of officers to defendant's house. Bruno, lacking a search warrant, requested defendant's ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	32112

68 COMMERCE BANK, N.A. V. DIMARIA CONSTRUCTION INC. -- rank: 648

... the installation of heating and air conditioning units in Commerce's commercial office building in Mount Laurel Township. Each contract included ... cross-motion for counsel fees. The trial court denied Commerce's application to enjoin the arbitration and dismissed the counts of ... contracts the arbitrators had the responsibility to pass upon Commerce's contention that DiMaria failed to satisfy the conditions precedent to arbitration. The court also denied DiMaria's application for counsel fees.     The arbitrators conducted hearings on twenty ... filed a counterclaim seeking confirmation. The trial court rejected Commerce's challenge and confirmed the arbitration award. The court also denied DiMaria's application for counsel fees.     Commerce filed separate appeals from ...

docket:	a2981-95
court:	njappellate
decided:	1997-04-17
status:	published
citation:	300 N.J.Super. 9
Document Size:	32925

69 COMMERCE BANK, N.A. V. DIMARIA CONSTRUCTION INC. -- rank: 648

... the installation of heating and air conditioning units in Commerce's commercial office building in Mount Laurel Township. Each contract included ... cross-motion for counsel fees. The trial court denied Commerce's application to enjoin the arbitration and dismissed the counts of ... contracts the arbitrators had the responsibility to pass upon Commerce's contention that DiMaria failed to satisfy the conditions precedent to arbitration. The court also denied DiMaria's application for counsel fees.     The arbitrators conducted hearings on twenty ... filed a counterclaim seeking confirmation. The trial court rejected Commerce's challenge and confirmed the arbitration award. The court also denied DiMaria's application for counsel fees.     Commerce filed separate appeals from ...

docket:	a3576-95
court:	njappellate
decided:	1997-04-17
status:	published
citation:	300 N.J.Super. 9
Document Size:	30463

70 ERNESTO V. KHO v. CAMBRIDGE MANAGEMENT GROUP, LLC. -- rank: 644

... motion to compel arbitration and dismiss plaintiff Ernesto V. Kho's complaint without prejudice. We granted leave to appeal and now ... pressure 'to accept a settlement offer not in the client's best interests simply in order to survive financially.'" In contrast ... through counsel, but CMG refused to make the advance. Plaintiff's lawsuit settled for $75,000. The parties agree that CMG ... 20 to "adjust[] for [a] miscalculation of the interest . . . ." Plaintiff's counsel received $24,717.33, together with costs and expenses ... of the New Jersey Licensed Lenders Act (LLA), N.J.S.A. 17:11C-1 to -50; Criminal Usury Law (CUL), N.J.S.A. 2C:21-19 ; Consumer Fraud Act (CFA), N. ...

docket:	a4338-08
court:	superior court appellate division
decided:	2010-08-04
status:	unpublished
citation:
Document Size:	54326

71 John D. Miller, II v. Margaret C. Miller -- rank: 637

... is whether income should be imputed from a supporting spouse's investments for the purpose of determining his or her ability ... 100,000. In addition to his salary and bonus, John's compensation package included an expectancy in an unspecified amount of ... modify the Final Judgment of Divorce, and to discover John's income. Following limited discovery, the trial court conducted a hearing to determine whether John's circumstances had changed in such a way that would warrant ... conclusion of the hearing, the trial court determined that John's termination from Merrill Lynch was involuntary, constituting changed circumstances. The ... and throughout the present matter. On the issue of John's ability to pay alimony to Margaret, the trial court ...

docket:	a-37-98
court:	njsupreme
decided:	1999-07-15
status:
citation:	160 N.J. 408
Document Size:	47064

72 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.M. -- rank: 637

... Defendant T.M. (Tara), 1 appeals from the Family Part's January 2, 2013, fact-finding order, finding that she abused ... for days without eating. The Law Guardian supported the Division's complaint, seeking a finding of abuse or neglect. On appeal ... relying on embedded hearsay in the documentary evidence; (2) Christopher's statements were not corroborated and therefore the court should not ... insufficient credible evidence in the record to support the court's finding. 2 We are unpersuaded by Tara's first two arguments, but reverse on the basis of the third. I. Before addressing Tara's points on appeal, we must define the record. At ...

docket:	a0331-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:
Document Size:	55921

73 STATE OF NEW JERSEY JEROME SHAW, JR. -- rank: 637

... guilty to third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and disorderly persons possession of burglary tools, N.J.S.A. 2C:5- 5(a). After a grand jury refused ... not materially different; and a grand jury witness disclosed defendant's admission that he had 'some prior criminal history.' Defendant also ... period of parole ineligibility than it promised. While the prosecutor's power to resubmit cases to a grand jury is not ... 2 A-2058-15T3 indictment. The evidence supporting the State's case was strong. There is no proof of prosecutorial ...

docket:	a2058-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	65012

74 HARD GROVE CAFÉ v. DOMESTIC LINEN SUPPLY CO., INC -- rank: 634

... Hard Grove") and Alexandra Bonilla ("Bonilla"), appeal the trial court's order of January 21, 2011 dismissing their lawsuit without prejudice ... dispute to commercial arbitration. Plaintiffs also appeal the trial court's order dated March 18, 2011, denying their motion for reconsideration ... day, Then went to Hard Grove and solicited the café's uniform rental business during a conversation with Bonilla. As a ... Further, "[t]he signatory for the Customer warrant[ed] that [s]he is authorized on behalf of the Customer to execute ... court proceeding shall be in the county of the company's branch office servicing the Customer. The judge or arbitrator shall ... parties has breached the agreement. [Emphasis added.] Apparently, despite Bonilla's execution of what is styled as a requirements contract ...

docket:	a4112-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	37088

75 HENRY E. RAAB et al. v. BOROUGH OF AVALON -- rank: 634

... property by the Borough, together with damages under 42 U.S.C.A. § 1983. Plaintiffs' complaint concerned vacant oceanfront property ... of development, because it is situated directly between the Borough's dune line established in 1968, and the ocean high-water ... failing to apply the doctrine of waiver to the Borough's statute of limitations defense; (2) granting summary judgment while discovery ... alternate theory of liability, plaintiffs also argued that the Borough's actions should be viewed as a continuous trespass, subject to ... an exercise of its police power, where the public entity's actions fail to comply with any of the statutory provisions ... inverse condemnation is governed by the provisions of N.J.S.A. 2A:14-1 -2, and must be filed ...

docket:	a6028-04
court:	njappellate
decided:	2007-04-30
status:	published
citation:	392 N.J. Super. 499
Document Size:	76611