Search Rutgers Law Library N.J. Court Opinions

3376 Kathryn Casey and Sheila Gagliano v. George G. Brennan -- rank: 335

... rights in accordance with N.J.S.A. 14A:11-2 because she received stock rather than cash under the merger ... and erroneous, and that the fair value per share was $90. The shareholders that had “cashed-out” were estopped from recovery ... the subclass of non-recovering shareholders,     Plaintiffs-Respondents,         and STUART L. PACHMAN, as interim representative of the subclass of recovering shareholders ... respondents Carol De Sanctis, John Everitt, Thomas Morrissey and Stuart L. Pachman ( Rodriguez & Richards , attorneys). PER CURIAM The judgment is affirmed ... the subclass of non-recovering shareholders,     Plaintiffs-Respondents,         and STUART L. PACHMAN, as interim representative of the subclass of recovering shareholders ... found that the fair value for the Amboy shares was $90 per share . Ibid. Judgment was entered for all plaintiffs ...

docket:	a-49-01
court:	njsupreme
decided:	2002-07-16
status:
citation:	173 N.J. 177
Document Size:	47097

3377 State v. Andrew Dennis -- rank: 335

... harmless. 1. In Coleman v. Alabama , 399 U.S. 1 , 90 S. Ct. 1999 , 26 L. Ed.2d 387 (1970), the United States Supreme Court held that ... cases, therefore, counsel must be appointed to represent defendants. (Pp. 2—3). 2. Under the harmless error standard, the question is whether there ... to represent defendants at such hearings. 399 U.S. 1 , 90 S. Ct. 1999 , 26 L. Ed.2d 387 (1970). ...

docket:	a-78-04
court:	njsupreme
decided:	2005-10-27
status:
citation:	185 N.J. 300
Document Size:	16656

3378 State v. Moises Afanador -- rank: 335

... to this case, which was tried before Alexander was decided; 2) whether Afanador's petition seeking post-conviction relief from his ... Afanador's direct appeal had been exhausted. (pp. 6-9) 2. Rule 3:22-5 precludes PCR on an issue previously ... should apply retroactively to a case tried before that decision, (2) whether defendant's petition seeking post-conviction relief from his ... in the first transaction during which defendant spoke of having $2,300 "on the street" owed to him as a result ... appeal. Id. at 482-83.     Pursuant to Rule 3:22-2, a defendant may seek PCR on four grounds:         (a) substantial ... any exception. Id. at 589; see also R. 1:1-2 (allowing relaxation of Rules in specifically alleged circumstances of ...

docket:	a-146-96
court:	njsupreme
decided:	1997-07-23
status:
citation:	134 N.J. 162
Document Size:	51685

3379 IN THE MATTER OF THE COMMITMENT OF M.J. -- rank: 335

... to kill, N.J.S.A. 2C:12-3(b); (2) second-degree aggravated arson, N.J.S.A. 2C:17 ... to M.J. or others if she was released; and (2) but for her financial condition and immigration status, she would ... erroneous." J.M.B. , supra , 395 N.J. Super. at 90. In so doing, "[w]e must give the 'utmost deference ... balancing of societal interest and individual liberty." Id. at 89-90 (quoting In re Commitment of J.P. , 339 N.J ... In re Commitment of W.K. , 159 N.J. 1 , 2 (1999)), aff'd , 186 N.J. 430 (2006). The State ... general rule requiring prompt release. Rule 4:74-7(h)(2) authorizes CEPP, and it applies only when a patient ...

docket:	a4525-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-17
status:	unpublished
citation:
Document Size:	24498

3380 DOUGLAS Q. LUONG v. KIEU H. NGUYEN -- rank: 332

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-2209-08. Heng Wang argued the cause for appellant (Law ... food on the floor, and, on one occasion, even "dump[ed]" her dinner on the sofa. She refused to engage in ... for a year, he was unable to fall asleep until 2:00 a.m. because of the depression and anxiety that ... 7, 2006, e) Wife abandoned the marital home on December 2, 2006, f) Husband and Wife are unable to come to ... of the above. The PSA required Kieu to pay plaintiff $2,000 by certified check made payable to him "in consideration ... the fraud and conspiracy claims, plaintiff demanded $50,000 restitution, 2 punitive damages in the amount of $2,000,000, ...

docket:	a1450-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-13
status:	unpublished
citation:
Document Size:	45446

3381 STATE OF NEW JERSEY v. JOSEPH CLARK, EMMA JACKSON -- rank: 332

... regulations. N.J.S.A. 30:4-8.1, -8.2; N.J.A.C. 10A:18-7.1 to -7 ... the ACJC of its authority to investigate this incident. R. 2:15-23. Defendants' trial was scheduled to commence during the ... quash this subpoena, contending the materials were confidential under R. 2:15-20. Defendants did not join in the motion to ... may not hold a public office of any sort. R. 2:15-2. The ACJC is charged with the responsibility of investigating allegations ... Tax or Municipal Court is guilty of improper conduct. R. 2:15-8. As our Supreme Court has recognized, it ...

docket:	A0789-05
court:	NJ Superior Court Appellate Division
decided:	2005-10-21
status:	published
citation:	381 N.J. Super. 41 884 A.2d 808
Document Size:	64761

3382 STATE OF NEW JERSEY v. RICHARD HARTOBEY -- rank: 332

... prohibited from having any form of contact or communication with L.W. Defendant appealed that FRO, and we reversed. On June ... while defendant's appeal from the FRO was pending. Specifically, L.W. described an incident that occurred on April 18, 2009 ... was like I know who this is. And he said [L.W.], I hung up. Over defendant's objection, L.W. was permitted to testify that defendant had contacted her ... the testimony to eliminate any claim of "mistake in dialing." L.W. testified that defendant previously contacted her by telephone twice ... against defendant on those two prior occasions. On cross-examination, L.W. stated that defendant left a voicemail on her ...

docket:	a6370-08
court:	superior court appellate division
decided:	2010-08-17
status:	Unpublished
citation:
Document Size:	34529

3383 STATE OF NEW JERSEY v. ROBERT LEE EDWARDS -- rank: 332

... Submitted: October 21, 2009 - Decided: Before Judges Cuff and C.L. Miniman. On appeal from the Superior Court of New Jersey ... 89-02-0257. Robert Lee Edwards, appellant pro se. Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... to a fifteen-year parole disqualifier on the kidnapping conviction; (2) a ten-year term subject to a five-year parole ... sentence, which we affirmed. State v. Edwards , No. A-1046-90 (App. Div. May 16, 1991), certif. denied , 126 N.J ... 3765-00 (App. Div. Feb. 19, 2002) (slip op. at 2-3). We affirmed both orders because the issues had been ... Jersey , 537 U.S. 1090 , 123 S. Ct. 691 , 154 L. Ed.2d 635 (2002). While these appeals were pending, ...

docket:	a5117-07
court:	superior court appellate division
decided:	2009-12-16
status:	unpublished
citation:
Document Size:	35618

3384 DON CORSON CONSTRUCTION COMPANY, INC. v. ROBERT J. HREBEK -- rank: 332

... of New Jersey, Law Division, Monmouth County, Docket No. MON-L-1725-01. Mary O'Keefe Massey argued the cause for ... The expenses to date and the expected future expenses totaled $2,282,012.13. Plaintiff acknowledged that at the time of ... 2000, plaintiff issued a final bill for the project totaling $2,834,933, including the management fee. By that time, defendant had already paid $2,157,000. In addition, defendant paid two items directly: $100 ... for his manual labor, however. Defendant still owed $25,478.90 for sub-contractors and $78,050 for labor. John Cohen ... value of the project as constructed was in excess of $2.9 million. He determined the reasonableness of the actual ...

docket:	a3463-05
court:	njappellate
decided:	2007-06-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	78833

3385 TADEUSZ KLUCZYK v. TROPICANA PRODUCTS, INC., PAT FREDA and STEVE MONTALTO -- rank: 332

... Court of New         Jersey, Law Division, Hudson County,         Docket No. L-9698-98.         Carmine A. Iannaccone argued the cause for         appellants ... in defendants' favor on all other claims). The jury awarded $90,911.00 for lost past wages, $118,404.00 for ... for their misconduct or sexual harassment of plaintiff. See footnote 2 However, at a meeting with plaintiff's daughter, Montalto, without ... was engaged in a protected activity known to the defendant; 2) he was thereafter subjected to an adverse employment decision by ... the wrongful conduct on the part of upper management' and (2) 'proof that the offending conduct [is] especially egregious'." Cavuoti v ... is not always an outright defense to wrongful actions"); A.L. Laboratories, Inc., v. Philips Roxane , 803 F.2d 378 , ...

docket:	a4899-01
court:	njappellate
decided:	2004-04-28
status:	published
citation:	368 N.J. Super. 479
Document Size:	49233

3386 JAMES LOBIONDO, JR., et al. v. GRACE SCHWARTZ, et al. -- rank: 332

... Decided August 1, 2007 Before Judges Lintner, Seltzer and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, L-7699-91. Ira Karasick and Joan Pransky argued the cause ... s ., Inc. , 160 N.J. 352 , 372 (1999); Manalapan Realty , L.P. v. Twp. Comm . of Manalapan , 140 N.J. 366 ... proof that: "(1) the suit was brought without probable cause, (2) it was actuated by malice, (3) it has been terminated ... of all the facts." Weinstein v. Klitch , 106 N.J.L. 408 , 409 (E. & A. 1929). The defense necessarily requires a ... of the advice of counsel defense. See Helstowski v. Greenberg , 2 N.J. Misc. 1094, 1096 (Sup. Ct. 1924) (untrue ...

docket:	a4325-04
court:	njappellate
decided:	2007-08-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61653

3387 LAURIE CAHILL v. PARKWAY INSURANCE COMPANY, et al. -- rank: 332

... Court of New Jersey, Law Division, Somerset County, Docket No. L-1556-03. David G. Evans argued the cause for appellant ... for failure to state a claim under R. 4:6-2(e). After reviewing plaintiff's complaint indulgently and with liberality ... she intended to return to work on or around October 2, 2002. However, Cahill's recuperation time after surgery was longer ... amend if necessary.'" Ibid. (quoting DiCristofaro v. Lauren Grove Mem 'l Park , 43 N.J. Super. 244 , 252 (App. Div. 1957 ... Food Corp. , 136 N.J. 401 , 413-14 (1994); Wool l ey v. Hoffman-LaRoche, Inc. , 99 N.J. 284 , 298 ... v. Hackensack Univ. Med. Ctr. , 345 N.J. Super. 78 , 90 (App. Div. 2001); and see Catalane v. Gilian Instrument ...

docket:	a5579-03
court:	njappellate
decided:	2005-10-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	67077

3388 MICHAEL MECCA v. ANTHONY SUAREZ -- rank: 332

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7384-07. Law Offices of Ronald J. Wronko, LLC, attorneys ... the brief). Methfessel & Werbel, attorneys for respondent/ cross-appellant (Eric L. Harrison, of counsel and on the brief; Jennifer M. Herrmann ... action Suarez filed against a political opponent (the Trifari suit); 2) admission of hearsay statements at trial; 3) admission of testimony ... s exercise of his "broad discretion" "will not [be] disturb[ed], absent a manifest denial of justice." Lancos v. Silverman , 400 ... Current N.J. Court Rules , comment 4.6 on R. 2:10-2 (2011). We also must consider whether the judge's " ...

docket:	a4472-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	39408

3389 WILLIAM WALTERS v. BREATHLESS 2000 AND CHRISTOFIS KONTOS -- rank: 332

... Court of New Jersey, Law Division, Union County, Docket No. L-313007, Robbins & Robbins, LLP, attorneys for appellants (Spencer B. Robbins ... to compulsory arbitration, pursuant to Rule 4:21A-1(a)(2), on March 19, 2009, and the arbitrator awarded $500,000 ... the more stringent "extraordinary circumstance" standard. Pressler, supra , comment 7.2.1 on R. 4:21A-9; Jones v. First Nat'l Supermarkets, Inc. , 329 N.J. Super 125 , 127 (App. Div ... the statute of limitation, N.J.S.A. 2A:14-2, does not "relate back," and is futile. We disagree. Rule ... been placed upon the trial calendar, at any time within 90 days after it is served. Thereafter a party may ...

docket:	a5235-08
court:	superior court appellate division
decided:	2010-07-23
status:	Unpublished
citation:
Document Size:	75440

3390 YOHANNES KASSA v. LESLIE D. JOHNSON -- rank: 332

... Court of New Jersey, Law Division, Bergen County, Docket No. L-8886-05. Yohannes Kassa, appellant pro se. Wahrenberger & Pietro, LLP, attorneys for respondents (Joann Pietro, of counsel; Cyndee L. Allert, on the brief). PER CURIAM Plaintiffs, Yohannes Kassa and ... provide discovery pursuant to R ule 4:23-5(a)(2). Plaintiffs are natives of Ethiopia. Kassa has obtained United States ... as follows: Count 1 - breach of duty of disclosure; Count 2 - breach of informed consent; Count 3 - breach of beneficiaries' rights ... or to throw it in the garbage? Who decides if "90% probability" (the verdict of this single page) is beneficial or ... of limitations found in N.J.S.A. 2A:14-2 was applicable to them, that plaintiffs' causes of action ...

docket:	a3345-07
court:
decided:	2009-06-16
status:	Unpublished
citation:
Document Size:	47580