Search Rutgers Law Library N.J. Court Opinions

1 Richard Shelcusky v. Al Garjulio et als. -- rank: 1000

... also be found at 172 N.J. 185, 797 A.2d 138.      SYLLABUS (This syllabus is not part of the opinion ... that there were explosive and flammable materials on R&C’s premises, he did not know that he was loading rejected ... warning, he would have followed it.     According to R&C’s Human Resources Manager, there were three types of forklifts used ... that the rejected, damaged, and leaking cans were flammable.     Shelcusky’s expert prepared a report stating that the Type-E forklift ... fire hazard. In addition, the Occupational Safety and Health Administration’s investigative report citing R&C with several violations, concluded that ... genuine issue of material fact in dispute demonstrating that Crown’s failure to warn was the proximate cause of Shelcusky’ ...

docket:	a-52-01
court:	njsupreme
decided:	2002-05-22
status:
citation:	172 N.J. 185
Document Size:	76501

2 DOE V. PORITZ -- rank: 988

... 1994, a group of bills generally referred to as "Megan's Law" became law. The constitutionality of two of those bills ... law provides for notification to elements of the community.     Doe's complaint was heard by the Superior Court, Law Division, which ... valid and effective immediately. 1. The essence of the Court's decision is that the Constitution does not prevent society from ... offenders' loss of anonymity is no constitutional bar to society's attempt at self-defense. The Legislature chose to risk unfairness ... who might suffer because of their ignorance of the offender's presence in the community, but attempted to restrict the damage ... the likelihood of reoffense.(pp. 3-5) 2. The Legislature's decision to make previously-convicted offenders subject to the ...

docket:	a-170-94
court:	njsupreme
decided:	1995-07-25
status:
citation:	142 N.J. 1
Document Size:	387194

3 Helen M.Devaney v. Francis A. L'Esperance , Jr. -- rank: 969

... also be found at 195 N.J. 247, 949 A.2d 743. SYLLABUS (This syllabus is not part of the opinion ... a child with her. Devaney, not happy with L’Esperance’s failure to follow through, moved to Connecticut and then to ... her undergraduate and graduate education (Devaney ultimately received a Master’s degree); purchasing a car for her use; and money for various other expenses. However, L’Esperance’s promise to divorce his wife and marry Devaney never materialized ... judge issued an oral opinion in which she denied Devaney’s complaint for palimony. The judge found that L’Esperance had ... also found that although L’Esperance did visit with Devaney’s family, the parties did not hold themselves out to ...

docket:	a-20-07
court:
decided:	2008-06-17
status:
citation:	195 N.J. 247
Document Size:	118579

4 Vonnie Cornett v. Johnson & Johnson -- rank: 965

... of Kentucky governed, and held the complaint barred by Kentucky’s one-year statute of limitations. The panel held the following ... the panel held the Product Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, subsumed the breach of ... possible cause of action? (pp. 9-14) 2. N.J.S.A. 2A:14-2 provides that a cause of action ... use not described in the approved labeling . . . .” 21 U.S.C.A. §§ 360aaa, 360aaa-1. Congress chose to ... failure to warn through adequate warnings or instructions. N.J.S.A. 2A:58C-2. The standard for liability is that ... RODRIGUEZ, and FUENTES (all temporarily assigned) join in JUDGE CUFF’s opinion. CHIEF JUSTICE RABNER and JUSTICES ALBIN, HOENS, and ...

docket:	A-88-10
court:	NJ Supreme Court
decided:	2012-08-09
status:
citation:
Document Size:	103167

5 State v. Golotta -- rank: 904

... also be found at 178 N.J. 205, 837 A.2d 359.     SYLLABUS (This syllabus is not part of the opinion ... was charged with driving while intoxicated (DWI) under N.J.S.A. 39:4-50. Defendant moved to suppress the breathalyzer ... having observed any erratic driving. The municipal court denied defendant’s motion. Defendant then entered a guilty plea to the DWI ... the breathalyzer results must be suppressed. After granting the State’s motion for leave to appeal, the Appellate Division affirmed in ... 354 N.J. Super. 477 (2002). We granted the State’s motion for leave to appeal and also granted amicus curiae ... or serious injury to the public and to the vehicle’s driver, and in view of the information imparted by ...

docket:	a-78-02
court:	njsupreme
decided:	2003-12-16
status:
citation:	178 N.J. 205
Document Size:	69769

6 RENDINE V. PANTZER -- rank: 858

... damages, prejudgment interest, counsel fees and costs.     Under the LAD's fee-shifting provision, the losing party must pay reasonable attorney's fees to the attorney for the prevailing party. In February ... percent of plaintiffs' recovery; or 2) the amount of attorney's fees awarded by court pursuant to the fee-shifting provision ... provided estimates of the hours required to litigate a plaintiff's employment-discrimination case. Those estimates either exceeded or approximated the ... hours expended by plaintiffs' counsel.     The trial court found counsel's lodestar fee reasonable. In addition, the trial court determined that ... entitlement to enhancement of the lodestar fee, based on Lorestani's affidavit concerning plaintiffs' difficulty in finding counsel, the affidavits ...

docket:	a-105-94
court:	njsupreme
decided:	1995-07-24
status:
citation:	141 N.J. 292
Document Size:	159698

7 DONALD E. FISCOR V. ATLANTIC CO. BD OF CHOSEN FREEHOLDERS ET AL -- rank: 801

... County not responsible either as an insurer under N.J.S.A. 40A:10-3 or as a self-insured local unit under N.J.S.A. 40A:10-4. For reasons that we will explain ... that vehicle was not excluded under the terms of plaintiff's own insurance policy.     While we disagree with the motion judge's reasoning on this point, we reverse for another reason. As ... Barnewall, Inc. , 56 N.J. 567 (1970). There, the insured's wife became involved in an accident while, for personal purposes, she was driving a vehicle owned by the insured's employer. Id. at 570. The Court found the facts ...

docket:	a5402-94
court:	njappellate
decided:	1996-07-19
status:	published
citation:	293 N.J.Super. 19
Document Size:	37308

8 ROBERT ROWE v. HOFFMANN-LA ROCHE INC., et al. -- rank: 786

... Jeffrey         J. Brookner and Mr. Molloy on the brief).         Paul W. Schmidt (Covington & Burling) of the         Washington, D.C. bar, admitted ... law question: whether New Jersey or Michigan law governs plaintiff's failure-to-warn claim. The appeal does not concern the ... judge held that Michigan products liability law applied to plaintiff's claims, and that because defendants' warning for the drug had ... warning was adequate as a matter of law under Michigan's products liability statute, specifically, M.C.L. § 600.2946(5). Plaintiff contends that a contrary provision of New Jersey's Products Liability Act, N.J.S.A. 2A:58C-4. We conclude that New Jersey ...

docket:	a4522-03
court:	njappellate
decided:	2006-02-28
status:	published
citation:	*CITE_PENDING*
Document Size:	67577

9 STATE OF NEW JERSEY v. TIMOTHY R. MENDEZ, -- rank: 675

... found at 345 N.J. Super. 498 or 785 A.2d 945. (NOTE: The status of this decision is Published .) Version ... that we were on were all dark roads, and there's no -- there's really no room to pull a car over and you still be off the road, and there's no lights anywhere on none of those roads, and it ... degree eluding a police officer, in violation of N.J.S.A. 2C:33-22. The jury found Timothy guilty of tampering with physical evidence, in violation of N.J.S.A. 2C:29-2a. The jury acquitted both defendants ...

docket:	A3895-99
court:	NJ Superior Court Appellate Division
decided:	2001-12-17
status:	published
citation:	345 N.J. Super. 498 785 A.2d 945
Document Size:	37298

10 STATE OF NEW JERSEY v. TIMOTHY R. MENDEZ, -- rank: 664

... that we were on were all dark roads, and there's no -- there's really no room to pull a car over and you still be off the road, and there's no lights anywhere on none of those roads, and it ... degree eluding a police officer, in violation of N.J.S.A. 2C:33-22. The jury found Timothy guilty of tampering with physical evidence, in violation of N.J.S.A. 2C:29-2a. The jury acquitted both defendants of ... in both appeals, and affirm defendants' convictions. I     Jose Mendez's primary argument is that the trial court did not ...

docket:	a4801-99
court:	njappellate
decided:	2001-12-17
status:	published
citation:	*CITE_PENDING*
Document Size:	33299

11 STATE OF NEW JERSEY v. MIKE WEBB, a/k/a THOMAS NATHANIEL ANDRE WEBB, GREGORY E WEBB, LAMONT WILSON, and NATE WORKMAN -- rank: 648

... a CDS (cocaine) with the intent to distribute, N.J.S.A. 2C:35-10(a)(1). He pled guilty to the offense following the Law Division's order denying his motion to suppress evidence. For the reasons ... an Atlantic City motel 3 based upon a confidential informant's report that illegal drug sales and possible prostitution activity were ... but to execute the arrest warrant on Cherry. However, Ruzzo's explanation as to why they went to the room was ... you want to put more on Cherry, I mean, that's our reason for going there, but I also saw what ... in it; it was right there on the floor. Leonard's testimony was different as to where Cherry was when ...

docket:	a1026-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-12-12
status:	Published
citation:
Document Size:	43837

12 COMMERCE BANK, N.A. V. DIMARIA CONSTRUCTION INC. -- rank: 610

... cross-respondent (Frey, Petrakis, Deeb & Blum, attorneys; Mr. Blum, Norman W. Briggs and William B. Jameson, on the brief).         Ellis I ... 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 ...

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

13 COMMERCE BANK, N.A. V. DIMARIA CONSTRUCTION INC. -- rank: 610

... cross-respondent (Frey, Petrakis, Deeb & Blum, attorneys; Mr. Blum, Norman W. Briggs and William B. Jameson, on the brief).         Ellis I ... 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 ...

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

14 IN THE MATTER OF THE ESTATE OF HOWARD C. HOPE, SR., DECEASED -- rank: 484

... the brief). David A. Haworth argued the cause for respondent S. David Brandt (Ballard Spahr Andrews & Ingersoll, L.L.P., attorneys ... 2009, order denying their post-judgment application to remove respondent S. David Brandt as the Administrator Cum Testamento Annexo 1 (Administrator ... Hope, Sr., who died testate on May 7, 2001. Decedent's other chil­dren are Carol Hope Pepe and Deborah Hope ... estate due to a dispute among the siblings over Hope's fail­ure to distribute two pieces of real estate, including ... 1 Residential for single-family dwellings. To assess the property's value, Brandt retained the Ragan Design Group. According to Ragan's report, "[t]he site is largely wooded with a ...

docket:	a2988-08
court:	NJ Superior Court Appellate Division
decided:	2010-02-22
status:	unpublished
citation:
Document Size:	41639