Search Rutgers Law Library N.J. Court Opinions

256 Iliadis v. Wal-Mart Stores, Inc. -- rank: 659

... experts to substantiate their positions. Plaintiffs offered the report of L. Scott Baggett, Ph.D., a consulting statistician, who analyzed shifts ... restrictive reading of the class-action rule. (pp. 12-18) 2. A party seeking class certification first must establish that the ... is reported at 387 N.J. Super. 405 (2006). Judith L. Spanier , a member of the New York bar, argued the ... implied-in-fact contract regarding missed rest and meal breaks; (2) breach of implied-in-fact contract regarding off-the-clock ... 7) violation of N.J.A.C. 12:56.5.2 (mandating compensation for all hours worked); (8) entitlement to restitution ... and nine Sam’s Clubs in New Jersey. Wal-Mart, 2 007 Annual Report 63 available at http://walmartstores.com/ ...

docket:	a-69-06
court:	njsupreme
decided:	2007-05-31
status:
citation:	191 N.J. 88
Document Size:	101969

257 STATE OF NEW JERSEY v. DAVID COOPER -- rank: 659

... the brief; Ms. Van Wyk, Lawrence S. Lustberg and Jonathan L. Hafetz, Designated Counsel, on the briefs). Elaine A. Leschot, Assistant ... denied , 528 U.S. 1084 , 120 S. Ct. 809 , 145 L. Ed.2d 681 (2000). On May 17, 1995, defendant was sentenced ... Defendant appealed as of right to the Supreme Court. R. 2:2-1(a)(3). By order dated April 20, 2005, the ... that the victim's death was accidental and not intentional; (2) Whether trial counsel were ineffective because they failed to ...

docket:	a2810-07
court:	NJ Superior Court Appellate Division
decided:	2008-02-07
status:	unpublished
citation:	410 N.J. Super. 43 979 A.2d 792
Document Size:	188772

258 RAJNIKANT PATEL v. KARNAVATI AMERICA, LLC -- rank: 657

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-8317-10. Daniel C. Fleming argued the cause for appellant ... Karnavati), a corporation located in India. 1 Plaintiff Rajnikant Patel 2 alleged the defective design of a RIMEK UNIK-1 tablet ... plaintiff's complaint for lack of jurisdiction. R. 4:6-2(b). Karnavati argues the motion judge's finding of minimum ... Limited v. Nicastro , __ U.S. __, 131 S. Ct. 2780 , 180 L. Ed.2d 765 (2011), reasoning jurisdiction here was not based on ... judge filed an amplification of his determination, pursuant to Rule 2:5-1(b), once leave to appeal was granted. " ...

docket:	a2737-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-09
status:	published
citation:	437 N.J.Super. 415 99 A.3d 836
Document Size:	51229

259 McKelvey v. Pierce -- rank: 657

... Clause requires that it must 1) have a secular purpose; 2) have a primary effect that neither advances nor inhibits religion ... the test that is at issue here. (Pp. 10-19). 2. The cognate church autonomy doctrine, which is rooted in both ... by defendants for judgment on the pleadings, R. 4:6-2(d), effectively became a motion for summary judgment. R. 4:46-2; Pressler, Current N.J. Court Rules , cmt. 4.1 on R. 4:6-2(3)(2001). The facts before the trial court, with the ... 696 , 708-11, 96 S. Ct. 2372 , 2380-88, 49 L. Ed.2d 151 , 162-64 (1976)). However, [a]pplication ...

docket:	a-48-01
court:	njsupreme
decided:	2002-07-10
status:
citation:	173 N.J. 26
Document Size:	97217

260 State v. Harry Kittrell -- rank: 657

... N.J.S.A. 2C:35-4. (pp. 9-13) 2. The legislative history of N.J.S.A. 2C:35 ... 1) the evidence is insufficient to support a conviction; and 2) the trial court's failure to instruct the jury on ... 1996         On certification to the Superior Court, Appellate Division.          Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney).          Catherine A. Foddai , Deputy Attorney General ... but ordered that the possessory offenses set forth in counts 2-5 of the indictment should merge with count one, maintaining ... for his         own use. . . [ N.J.S.A. 2C:35-2 (emphasis added).]     The definitional provision of N.J.S. ...

docket:	a-107-95
court:	njsupreme
decided:	1996-07-03
status:
citation:	145 N.J. 112
Document Size:	81568

261 CSX TRANSPORTATION INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 657

... for appellant, Norfolk Southern Corporation (McDermott Will & Emery, and Peter L. Faber (McDermott Will & Emery) of the New York bar, admitted ... Apportionment Tax Assessed 2000 3.76% $1,655,666.00 2.44% $883,230.10 2001 N/A N/A 2.46% $864,607.53 2002 3.78% $3,173,700.18 2.46% $1,120,745.21 2003 3.78% $3,444,889.75 2.49% $1,316,301.58 NORFOLK SOUTHERN APPORTIONMENT AND TAX ... 2000 0.517% $ 227,704 2002 0.469% $ 394,429.90 2003 0.449% $ 409,169.88 In addition to ...

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

262 CHARLES C. WARD AND MARY B. WARD V. JOHANAN ZELIKOVSKY -- rank: 654

... give the challenged statement its literal meaning. (pp. 8-14) 2.    Most courts have concluded that allegations of racism, ethnic hatred ... Perskie, April, Niedelman, Wagenheim & Levenson , attorneys; Mr. Quinn and Russell L. Lichtenstein , on the briefs).          Arthur L. Shanker argued the cause for respondents ( Weiner & Shanker , attorneys).     The ... he was pointing and going on and on and start[ed] flailing his arms again. At that point the chairman or ... recognized categories of slander per se , namely, statements that impute (l) commission of a crime, (2) contraction of a loathsome disease, (3) occupational incompetence or ...

docket:	a-48-93
court:	njsupreme
decided:	1994-06-20
status:
citation:	136 N.J. 516
Document Size:	74639

263 State v. Johnnie A. Davenport -- rank: 654

... U.S. 806 , 819, 95 S. Ct. 2525 , 2533, 45 L. Ed. 2 d 562, 572 (1975). An accused has the constitutional right ... counsel. Id. at 807, 95 S. Ct. at 2527, 45 L. Ed. 2d at 566. The Court also held, however, that a ... n.46, 95 S. Ct. at 2541 n.46, 45 L. Ed. 2d at 581 n.46 (stating that “[o] ...

docket:	a-148-01
court:	njsupreme
decided:	2003-07-30
status:
citation:	177 N.J. 288
Document Size:	68554

264 RICHMOND LAPOLLA v. COUNTY OF UNION -- rank: 654

... Court of New Jersey, Law Division, Union County, Docket No. L-3547-11. Susan B. Fellman argued the cause for appellant ... NJCRA), N.J.S.A. 1 0:6-1 to -2, and retaliation. We hold that they do not. Plaintiff Richmond ... in the light most favorable to plaintiff, R. 4:46-2(c), can be summarized as follows. Plaintiff began his employment ... described the other faction as including his brother, Michael Lapolla, 2 and "anybody who didn't walk in lockstep with Charlotte ... s requests to meet with Faella were denied. On November 2, 2011, plaintiff was told "the County Manager sees no reason ... or other appropriate relief. [ N.J.S.A. 10:6-2(c).] A plaintiff who alleges retaliation for political affiliation ...

docket:	a2411-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-28
status:	published
citation:	449 N.J.Super. 288 157 A.3d 458
Document Size:	64891

265 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 654

... APPELLATE DIVISION Appellant, v. NEW JERSEY STATE PAROLE BOARD, Respondent. __________________________________ L.A., Appellant, v. NEW JERSEY STATE PAROLE BOARD, Respondent. __________________________________ B ... M., Appellant, v. NEW JERSEY STATE PAROLE BOARD, Respondent. _____________________________________ R.L. 1 , Appellant, v. NEW JERSEY STATE PAROLE BOARD, Respondent. _____________________________________ January ... 29, 2013 - Referred to the Law Division pursuant to Rule 2:5-5(b) November 26, 2013 Reargued September 16, 2015 ... Parole Board. Michael C. Woyce argued the cause for appellants L.A., W.M. and R.L. 2 (Murphy & Woyce, attorneys; Joseph S. Murphy, Jesse D. Stovin, ...

docket:	a5435-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	146189

266 STATE OF NEW JERSEY v. J.M., JR -- rank: 654

... Law Division, Gloucester County, Indictment No. 13-01-0072. Jennifer L. Gottschalk argued the cause for appellant (Law Offices of Richard ... second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and one count of fourth-degree criminal sexual ... II Cofield requires that the proponent of other crimes evidence 2 demonstrate: 1. The evidence of the other crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... is not probative of defendant's alleged (1) "motive," or (2) "intent," suggestive of (3) a "plan" to commit the offense ... Slough & J.W. Knightly, Other Vices, Other Crimes , 41 Iowa L. Rev. 325, 328 (1956) (stating that "motive supplies the ...

docket:	a2562-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-21
status:	published
citation:	438 N.J.Super. 215 102 A.3d 1233
Document Size:	74856

267 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 654

... way of a videotape deposition pursuant to Rule 3:13-2. Following a trial using this procedure, both defendants were convicted ... a "mental incapacity" within the meaning of Rule 3:13-2. Essentially, they argue that the judge erroneously relied upon the ... War's "mental incapacity" as required by Rule 3:13-2.     The State contends that the judge made a case specific ... satisfied the requirements of the Confrontation Clause. Rule 3:13-2 is the controlling court rule with regard to the taking ... N.J. Court Rules , comment 1 on R. 3:13-2 (2003) ( Report of the Supreme Court Comm. on Criminal Practice , 118 N.J.L.J. Index Page 139 (1983)). Furthermore, the procedure employed ...

docket:	a5636-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	*CITE_PENDING*
Document Size:	69961

268 STATE OF NEW JERSEY v. FRANK BENITEZ -- rank: 654

... way of a videotape deposition pursuant to Rule 3:13-2. Following a trial using this procedure, both defendants were convicted ... a "mental incapacity" within the meaning of Rule 3:13-2. Essentially, they argue that the judge erroneously relied upon the ... War's "mental incapacity" as required by Rule 3:13-2.     The State contends that the judge made a case specific ... satisfied the requirements of the Confrontation Clause. Rule 3:13-2 is the controlling court rule with regard to the taking ... N.J. Court Rules , comment 1 on R. 3:13-2 (2003) ( Report of the Supreme Court Comm. on Criminal Practice , 118 N.J.L.J. Index Page 139 (1983)). Furthermore, the procedure employed ...

docket:	a5680-00
court:	njappellate
decided:	2003-05-07
status:	published
citation:	360 N.J. Super. 101
Document Size:	69985

269 STATE V. JOSEPH HARRIS -- rank: 652

... when defendant chose not to plead guilty. (pp. 7-10) 2.    The trial court did not err in refusing to dismiss ... Assistant Deputy Public Defenders, argued the cause for appellant ( Susan L. Reisner , Public Defender, attorney). Joseph Connor, Jr. , Assistant Prosecutor, argued ... defendant rejected a plea offer with a non-capital sentence; (2) the trial judge incorrectly charged the jury on the form ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989), we noted that Gregg v. Georgia , 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976), holds that "the federal Constitution ...

docket:	a-3-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 525
Document Size:	152093

270 MANUFACTURERS AND TRADERS TRUST COMPANY as Indenture Trustee v. MARINA BAY TOWERS URBAN RENEWAL II, LP -- rank: 652

... BARBARA WATERMAN, ALICE WALSH, FRANCES DAVIS, LOUISE JARAMILLO, CAROLYN NARCISO, 2 1 Beach Creek Marina, Inc. is incorrectly identified as Beach ... Creek Marina, LLC in the caption of the foreclosure complaint. 2 This defendant was identified as 'Carolyn Narciso' in the foreclosure ... BOYLE, MALCOLM FERENTZ, JAMES & LINDA MCGRATH, JACQUELINE A-5879-17T2 2 HUGES, SANDRA WHITENER, NADALINE PEACOCK, LILLIAN CAPONE, MARGARET MULDREW, ELIZABETH ... and US BANK-CUST FOR TOWER DBW, Defendants. __________________________________________ Argued October 2, 2019 - Decided October 22, 2019 Before Judges Sabatino, Sumners and ... Division, Cape May County, Docket Nos. F-049229-14 and L-0365-14. Susan Marie Scott, Deputy Attorney General, argued the ... Creek Marina, Inc. (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Flavio L. Komuves, on the brief). Michael D. Mezzacca argued the ...

docket:	a5879-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-22
status:	Unpublished
citation:
Document Size:	150454