- STATE OF NEW JERSEY VS. TERRILL D. SPANN (18-03-0037, MIDDLESEX COUNTY AND STATEWIDE) A-3109-20 Appellate Oct. 25, 2022
- STATE OF NEW JERSEY VS. STEVEN M. CASTON (99-12-0692, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3161-20 Appellate Oct. 25, 2022
- JAMES MEYERS VS. STATE HEALTH BENEFITS COMMISSION (STATE HEALTH BENEFITS COMMISSION) A-0312-21 Appellate Oct. 25, 2022 Summary A-0312-21 Petitioner, James Meyers, a retired New Jersey State Police captain, appeals from a final decision of the State Health Benefits Commission (SHBC) which discontinued his fully paid health care insurance coverage under the State Health Benefits Plan, and imposed a premium deduction against his monthly retirement check. Petitioner administratively appealed the deduction, contending the SHBC was estopped from terminating his free health care insurance coverage. In an initial decision, an administrative law judge (ALJ) found that the SHBC was estopped from deducting monthly health insurance premiums from petitioner's retirement payments. In a final decision, the SHBC rejected the ALJ's findings and concluded that it had the right to deduct a premium contribution from petitioner's monthly retirement payments to pay for his family's health insurance coverage. Petitioner appealed the final decision, arguing that the SHBC was equitably estopped from discontinuing no-cost health insurance coverage. The court held that petitioner was not eligible to receive no-cost health care coverage in retirement under N.J.S.A. 52:14-17.28d(b)(3), because he did not have the requisite creditable service time as of the effective date of the statute. The court also held that principles of equitable estoppel could not be applied on these facts, where petitioner was statutorily ineligible for such coverage. Close
- SIEDAH LEMON VS. DONTE M. GRADY (FD-03-0257-20, BURLINGTON COUNTY AND STATEWIDE) A-0681-21 Appellate Oct. 25, 2022
- STATE OF NEW JERSEY VS. DAANDRE J. WADE (19-07-1173, MIDDLESEX COUNTY AND STATEWIDE) A-2855-21 Appellate Oct. 25, 2022
- NVL v. Volvo - Grant Summary Judgment BER-L-4341-18 Trial Oct. 20, 2022
- SVETLANA SCHILLER VS. CHRISTOPHER JAMES SCHILLER (FM-02-1096-18, BERGEN COUNTY AND STATEWIDE) A-0027-20 Appellate Oct. 26, 2022
- STATE OF NEW JERSEY VS. R.J.C. (16-09-1025, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3160-20 Appellate Oct. 26, 2022
- C.M.C. VS. M.J.C. (FV-12-2274-21, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0070-21 Appellate Oct. 26, 2022
- FALLIVENE AGENCY, INC. VS. BARBARA HILL, EXECUTRIX OF THE ESTATE OF HARRY EYESTER (L-9365-19, ESSEX COUNTY AND STATEWIDE) A-0395-21 Appellate Oct. 26, 2022
- CAROL VARSOLONA AND RICHARD VARSOLONA, ETC. VS. JERSEY SHORE UNIVERSITY MEDICAL CENTER, ET AL. (L-2048-19, MONMOUTH COUNTY AND STATEWIDE) A-0710-21 Appellate Oct. 26, 2022
- DCPP VS. L.G. AND B.T., IN THE MATTER OF THE GUARDIANSHIP OF N.G. (FG-09-0128-21, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1026-21 Appellate Oct. 26, 2022
- PATRICK ROURKE VS. HERR FOODS INCORPORATED, ET AL. (L-7067-21, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2567-21 Appellate Oct. 26, 2022
- STATE OF NEW JERSEY VS. RICARDO CARRILLO (16-09-0789, CUMBERLAND COUNTY AND STATEWIDE) A-4876-18 Appellate Oct. 27, 2022
- STATE OF NEW JERSEY VS. STEVEN M. CASTON (15-07-2007 AND 15-07-2008, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3148-20 Appellate Oct. 27, 2022
- ANY GARMENT UNION, LLC, ET AL. VS. DRY CLEAN EXPRESS I, LLC, ET AL. (L-4367-18, UNION COUNTY AND STATEWIDE) A-3169-20 Appellate Oct. 27, 2022
- EDWARD HARRINGTON HEYBURN VS. DEBORAH MADAIO, ET AL. (L-1627-17, MERCER COUNTY AND STATEWIDE) A-0534-21 Appellate Oct. 27, 2022
- DCPP VS. D.C.A. AND J.J.C.B., IN THE MATTER OF THE GUARDIANSHIP OF I.A.C.C., J.S.C.C., A.I.C.C. AND I.C.C. (FG-06-0025-20, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0735-21 Appellate Oct. 27, 2022 Summary A-0735-21 Defendant appealed from a judgment of guardianship after trial, terminating her parental rights to four of her children. The panel addressed whether the trial court improperly considered evidence of the children's relationship with their foster parents in violation of prong two of the best-interests test. That prong was recently amended by the Legislature, which removed the sentence: "[s]uch harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2) (amended 2021). The Legislature did not alter the other components of the best-interests standard. The panel rejected the argument that, by deleting the above language from prong two, the Legislature intended to bar all evidence concerning a child's relationship with resource caregivers, even in the context of the other prongs of the best-interest standard. Prong two as amended emphasizes consideration of whether a parent is able to overcome harm to the child as well as whether the parent can cease causing future harm. The amendment clearly isolates those specific inquiries from consideration of the bonds a child has forged with resource caregivers. Nevertheless, the amendments to prong two do not mean that such a bond may never be considered within any part of the best-interests analysis. Neither the legislative history nor the plain text necessitates such a sweeping conclusion. The panel construed the deletion from prong two to give greater effect to the alteration, in a manner that remains coherent with prong four. The amended statute requires a court to make a finding under prong two that does not include considerations of caregiver bonding, and then weigh that finding against all the evidence that may be considered under prong four—including the harm that would result from disrupting whatever bonds the child has formed. Close
- ANDREW BRINING VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-0938-21 Appellate Oct. 27, 2022
- DCPP VS. S.A. AND M.A., IN THE MATTER OF THE GUARDIANSHIP OF M.M.A. (FG-12-0044-21, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1222-21 Appellate Oct. 27, 2022