Filters
- njcourts.gov… but "relate to and overlap with one another to provide a comprehensive standard that identifies a child's best … admission and conviction was incorrect." Regarding his future plans, Dr. Katz found David was "not realistic based … and for those people, "all individuals are viewed as fair game. And what will happen is that if they're able to …
- njcourts.gov… plaintiff's experts to testify about her subjective complaints of fear; in permitting plaintiff to read the … plaintiff will need "24/7, 365 days per year" care in the future, and the lowest amount of money the jury could award … and proper jury instructions are essential for a fair trial. Prioleau v. Ky. Fried Chicken, Inc., 223 N.J. …
- A-3499-19 – STATE OF NEW JERSEY VS. LEROY FRAZIER (18-12-1109, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… we conclude the trial court erred in charging the jury on accomplice liability, and the error was capable of producing … had their hoods pulled up, three of which were black hoodies and one was "grayish." She stated the group "cut … Concurrent Terms and Without Considering the Overall Fairness of the Aggregate Sentence. C. Frazier is Entitled …
- njcourts.gov… has been “generally accepted” in the relevant scientific community. The Court has moved away from the Frye test over … measured. In some instances, scientific evidence may be studied by multiple scientific communities or none at all. … prior rulings that were based on the Frye standard. Future challenges in criminal cases that address the …
- A-0518-19-JAMES KENNEDY, II VS. WEICHERT CO. (L-2266-19, ESSEX COUNTY AND STATEWIDE)-Unpublished Opinionnjcourts.gov… opinion of the court was delivered by OSTRER, J.A.D. Are commissioned real estate salespersons exempt from the Wage … court denied the motion after declaring that the "ABC test" under the 3 A-0518-19 Unemployment Compensation Law (UCL), … and the "WHL is designed to protect employees from unfair wages and excessive hours" by "establish[ing] a minimum …
- njcourts.gov… sought an award of attorneys’ fees arising from its common law right of access claim to Internal Affairs (IA) files pertaining to a former Neptune Township … as well as an award of attorneys’ fees and other remedies. The trial court dismissed Gannett’s OPRA claim but …
- A-3379-21 - STATE OF NEW JERSEY VS. TYSHON M. NIEVES (21-09-1334, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… possessory weapons offense in exchange for the State's recommendation of a five-year sentence with a five-year period … assigned to execute the search warrant. Sergeant Tennant understood the warrant required the officers first … the judicial system's goals of efficiency, finality, and fairness." Price v. Himeji, LLC, 214 N.J. 263, 283 (2013). …
- njcourts.gov… makes it a crime to accept cash payments for a promise of future performance. The bribery statute’s history, relevant caselaw, and commentary from the Model Penal Code, on which the statute … against such laws ensures that individuals have “fair warning of” the effect of a statute and can “rely on …
- njcourts.gov… to WHITTAKER, CLARK & DANIELS, INC., CYPRUS AMAX MINERALS COMPANY, individually and as Successor-in-Interest to … Without discussing the details of the publication or any studies contained therein, Webber concluded that when a person … that their description of how they used J&J's products was fair because based on J&J's own studies, most users of J&J's …
- njcourts.gov… Daniel Keitel (collectively, defendants) in an eight-count complaint alleging a politically motivated conspiracy to … from liability for all of plaintiff's claims on various grounds, including common law prosecutorial immunity and … the Fourteenth Amendment by destroying evidence which may fairly be inferred to have been exculpatory. 30 A-0631-21 …
- njcourts.gov… and ANDREW FURPHY, Plaintiffs-Appellants, v. BAYSHORE COMMUNITY HOSPITAL, GLORIA M. BORJA, RN, SATWAT KAUR, RN, … at trial, (2) defense counsel's summation was not so unduly prejudicial as to mandate a mistrial, and (3) the … PTSD or was using a coping mechanism, and that was an unfair comment by counsel in summation that you should not …
- 001830-2023 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS June 13, 2024 Mr. and Mrs. Daniel Yang … the evidence presented against the liberal standards embodied under R. 4:37-2(b), the court found that plaintiffs … behalf of both parties and conclude the matter based on a fair preponderance of the evidence.” Ford Motor Co. v. …
- njcourts.gov… unit in the condominium, representing a 28% interest in its undivided common elements. The individual defendants own the four … requiring defendants to reimburse plaintiffs for their fair share of Stauffer's fees, the allocation of which shall …
- njcourts.gov… In this appeal, the Court considers whether claims brought under the Insurance Fraud Protection Act (IFPA) and the Workers’ Compensation Act (WCA) by plaintiffs Liberty Insurance Corp. … intentional tortfeasor.” Ibid. We viewed such allocation to fairly apportion a damages award and to be consistent with …
- njcourts.gov… an exemption for court reporters under the Unemployment Compensation Law ("UCL"), N.J.S.A. 43:21-1 to -71, or … 3 must still establish a Federal Unemployment Tax Act ("FUTA") exemption pursuant to N.J.S.A. 43:21-19(i)(1)(G). For … and are licensed through the Department of Consumer Affairs. They must pass a test administered through a national …
- njcourts.gov… in subsequent years. On May 12, 2020, plaintiff filed a complaint for divorce on the ground of irreconcilable … to "re-establish itself in the U.S. at some point in the future." S.C. testified plaintiff could better service and … (2001), and replaced it with the best-interest standard embodied in N.J.S.A. 9:2-4. 230 N.J. at 312-13. Further, the …
- FV-09-2455-21 Opinion Opinionnjcourts.gov… 1 of 127 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY Chancery … his request for relief in the Cross-Motion as basic fairness; namely, plaintiff must be permitted to retain an … characterized the pamphlet as informative for a general audience but does not view it as scientific. Dr. Signer was …
- A-0841-23 – ROSALYN MUSKER VS. SUUCHI, INC., ET AL. (L-5652-20, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… to -4.14, and its application to a defendant employer's commission structure. The trial court ruled the plaintiff … the applicable months on PPE sales do not comprise "wages" under the Wage Payment Law and instead are "supplementary … companion statute "is designed 'to protect employees from unfair wages and excessive hours.'" Hargrove, 220 N.J. at 304 …
- njcourts.gov… Defendant Brandon Washington was forcibly removed from a “Ladies Night” event after an argument with a security guard. … States v. Wade, 388 U.S. 218 (1967), and develop a more complete factual record. 1. Suggestive identification … Ibid. Today’s ruling and guidance apply to this and future cases only. (pp. 30-33) 5. The Attorney General …
- A-1301-22 – STATE OF NEW JERSEY VS. ENDY ROLANDO CRUZ CRUZ (2-22, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… and in a marked patrol car stationed along Route 49 in Fairfield Township when he observed a vehicle speeding and … "a little language barrier," however, defendant "could understand some. It was pretty broken, but he understood … Trooper Lambert instructed defendant to turn around to complete another test, and when he did, Trooper Lambert …