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- A-29-19 Opinionnjcourts.gov… The WHL, however, creates an exemption from that overtime compensation requirement for employees of a “trucking … and the Section Chief of the Division of Wage and Hour Compliance (Division), respectively, but not by the Commissioner of Labor or Director of the Division. None of …
- A-23-19 Opinionnjcourts.gov… (LAD), alleging that her employer failed to accommodate her pre-existing disability. The Court addresses … employees relinquished their right to pursue common-law remedies in exchange for automatic entitlement to certain, but … And N.J.S.A. 10:5-13 was amended to add common law remedies for an LAD statutory violation: “All remedies available …
- A-22/53-19 Opinionnjcourts.gov… the time” to give him either the total amount or the per diem interest rate. Winberry testified that he then offered … before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … amount. Can’t do it today.” When Winberry asked for the per diem interest rate so that he could calculate the interest …
- A-16-19 Opinionnjcourts.gov… and Ordinance 16-04, which established an Assessment Commission to identify the benefitted properties and to … estate appraiser and consultant, to assist the Assessment Commission in fulfilling its charge. Holzhauer recommended that fifty-eight properties that fell within the …
- A-2-19 Opinionnjcourts.gov… appeal, the Court reviews the Public Employment Relations Commission’s (PERC) decision that the employees’ health … therefore non-negotiable. PERC’s construction of Chapter 78 comports with the statute’s language and the Legislature’s … the employees’ contribution levels “shall become part of the parties’ collective negotiations and shall …
- A-90-18 Opinionnjcourts.gov… wearing the ankle bracelet causes him physical discomfort and has burdened his life in numerous ways. H.R. and … to PSL and had no additional parole requirements -- commenced this action in 2015, to challenge the … high recidivism rates and, according to some studies, are four to five times more likely to commit a new sex …
- A-83/84/85-18 Opinionnjcourts.gov… for several luxury high-rise apartment buildings, multiple commercial retail units, parking garages, a park, and a … prevailed in that suit. The City also filed suit to compel the construction of tennis facilities per the … the MLUL, and its application to the Project would prevent completion of the Project 2 altogether. Z-263 expressly …
- A-75/76-18 Opinionnjcourts.gov… to certain non- monetary conditions, including that he “not commit any offense during the period of release.” In August … under 18 U.S.C. § 401. 18 U.S.C. § 3148(c). Willful disobedience of a court order that also constitutes a criminal … In both rulings, the Appellate Division discussed remedies other than contempt under the respective statutory …
- A-68-18 Opinionnjcourts.gov… Corporation (New Jersey Transit) sought to recover workers’ compensation benefits paid to an employee, David … pursuant to N.J.S.A. 34:15-40, a provision of the Workers’ Compensation Act that authorizes employers and workers’ … employees relinquish[] their right to pursue common-law remedies in exchange for automatic entitlement to certain, but …
- A-55-18 Opinionnjcourts.gov… N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, as well as common-law assignment principles, the Court holds that … the UCC “was drafted against the backdrop of existing bodies of law,” which “supplement” but “may not be used to … Code was drafted against the backdrop of existing bodies of law, including the common law and equity, and relies …
- A-54-18 Opinionnjcourts.gov… actions when a retainer agreement includes an hourly fee component. Those obligations are discussed in numbered … N.J. Const. art. VI, § 2, ¶ 3, and directs that an ad hoc committee be established to address the … no ultimate opinion on the matters referred to the committee, which will report its recommendations to the …
- A-27-18 Opinionnjcourts.gov… and the special policy, both of which satisfy New Jersey’s compulsory insurance requirements. In this case, the Court … previously required amounts -- namely $15,000/$30,000 in compulsory minimum BI liability -- to the level of the basic … insurance policy issued by AAA Mid-Atlantic Insurance Company (AAA). The policy provided BI liability coverage, as …
- A-19-18 Opinionnjcourts.gov… set forth in N.J.S.A. 2C:25-28(j) and a 2002 case is incompatible with the Fourth Amendment and Article I, … Violence Act provides access to both civil and criminal remedies and sanctions. One such remedy is to prevent a person … to both emergent and long-term civil and criminal remedies and sanctions.” Ibid. One such remedy is to prevent a …
- A-63-17 Opinionnjcourts.gov… the police costs, [and] fire safety,” among other components. In addition, guests were charged a “facility … a rubber strip sticking out from the step. 2 Green filed a complaint against the University. Both parties moved for … determined immunity to be inappropriate in light of the income the University derived from the concert and the …
- A-60-16 Opinionnjcourts.gov… warrant for defendant S.N. for acts alleged to have been committed against his stepdaughter in 2012. In a complaint-warrant, the State charged defendant with … The affidavit of probable cause in support of the complaint-warrant stated that the victim told a staff member …
- A-27-16 Opinionnjcourts.gov… concern but was “still not willing to allow the children to come back and reside with her.” A.B. asserted that she lived … son in a resource home. The Division then filed a verified complaint in the Family Part of the Superior Court, Chancery … that the caseworker’s testimony on the matter was competent, material, and relevant evidence. The dissent …
- A-21-16 Opinionnjcourts.gov… may not have been summarized.) Continental Insurance Company v. Honeywell International, Inc. (A-21-16) (078152) … in the marketplace. In 2000, Continental Insurance Company (Continental) (which wrote many primary insurance … policies for Bendix during the relevant years), and related companies, commenced this action seeking declaratory relief …
- A-94-15 Opinionnjcourts.gov… Major arrived on the scene as backup. Officer Major was accompanied by a narcotics canine. Upon Officer Major’s … sniff does not prolong the stop beyond the time required to complete the stop’s mission. 1. The Fourth Amendment to the … that the driver of a vehicle, or its occupants, is committing a motor-vehicle violation or a criminal or …
- A-84-15 Opinionnjcourts.gov… of fact, and with experience in fulfilling that role comes expertise. Duplication of the trial judge’s efforts in … Court released its decision in Anderson. The Advisory Committee rejected “a more searching appellate review” in … judicial authority.” See Fed. R. Civ. P. 52(a) advisory committee’s note to 1985 amendment. Acknowledging that a …
- A-79-15 Opinionnjcourts.gov… red Volkswagen Passat outside the Forest View apartment complex in Avenel when the shooting occurred. Nearly one … had admitted to her on two separate occasions that he committed the murders. Wakefield, who was also facing … the police in which he said that defendant had admitted to committing the murders. In September 2006, police arrested …