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New Jersey Agency Law
 
L.R. v. Division Of Disability Services

L.R. participates in the Personal Assistance Service Program (PASP) established by the Legislature under the Personal Assistance Services Act, N.J.S.A. 30:4G-13 to -22, (the Act).

The PASP is administered by the Division of Disability Services (DDS or Division), in the New Jersey Department of Human Services.1 As a resident of Hunterdon County, L.R. was able to receive PASP assistance benef... More...
   $0 (02-06-2014 - NJ)

Ai Hua Chen and Jin Xiu Li v. Eric H. Holder, Jr.

Petitioners Ai Hua Chen and Jin Xiu Li, both natives of China’s Fujian Province, met and married in the United States and are the parents of two children born to them here. Chen and Li admit they are subject to removal, but seek asylum and withholding of removal on the basis that one or both of them will be persecuted for having violated China’s one-child policy. The couple also seeks asylum a... More...   $0 (02-05-2014 - NJ)

Peter Brownstein v. Tina Lindsay

This case concerns Appellant Peter Brownstein’s claim under the Copyright Act seeking a declaratory judgment of joint authorship of an ethnic identification system that he created with Appellee Tina Lindsay, the Lindsay Cultural Identification Determinate (“LCID”). Lindsay purports to have conveyed the copyrights to the LCID to Appellee Ethnic Technologies (“E-Tech”). The contested work ... More...   $0 (01-29-2014 - NJ)

Elias Halim Eid v. John Thompson, District Directory, Newark District, US Citizenship and Immigration Service

Elias Eid and Gwen Packard-Eid filed a complaint challenging the denial by the Board of Immigration Appeals (“BIA”) of the I-130 Petition for Alien Relative filed by Packard-Eid, a United States citizen, that would accord Eid,

3

her husband and a non-citizen, preference status as the spouse of a citizen. The BIA denied the Petition under 8 U.S.C. § 1154(c), which requires denyin... More...
   $0 (01-10-2014 - NJ)

United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...   $0 (01-08-2014 - NJ)

State of New Jersey v. E-Sports Entertainment

Acting Attorney General John J. Hoffman, the Division of Law and the Division of Consumer Affairs announced today that on-line video gaming company E-Sports Entertainment, LLC, has entered into a $1 million settlement that resolves allegations it infected thousands of personal computers with malicious software code enabling E-Sports to monitor what programs subscribers were running and illegally m... More...   $0 (11-21-2013 - NJ)

American Civil Liberties Union of New Jersey v. Federal Bureau of Investigation, Department of Justice

This appeal concerns the Federal Bureau of Investigation’s (“FBI”) response to appellant American Civil Liberties Union’s (“ACLU”) request for information under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 (2009). The ACLU claims that the United States District Court for the District of New Jersey (“District Court”) erred in allowing the FBI to withhold 284 pages of... More...   $0 (10-29-2013 - NJ)

Robert Simon v. FIA Card Services, N.A.

This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector’s letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for ... More...   $0 (10-07-2013 - NJ)

United States of America v. Bawer Aksal

The United States of America charged Bawer Aksal, age 49, sexual abuse, forced sex through threats or fear of harm, and abusive sexual contact in violation of 18 U.S.C. 2242 in conjunction with a sexual assault on a sleeping woman on a Newark-bound flight in 2012.

Title 18 U.S.C. 2242 provides:

Whoever, in the special maritime and territorial jurisdiction of the United States or in ... More...
   $0 (07-20-2013 - NJ)

New Jersey Primary Care Association, Inc. v. State of New Jersey Department of Human Services

Under the federal Medicaid statute, 42 U.S.C. § 1396 et seq., states participating in Medicaid and implementing a managed care environment are obligated to make, at least every fourth month, supplemental payments (known as ―wraparound payments‖) to federally-qualified health centers (―FQHCs‖) in an amount equal to the difference between a predetermined rate set by the Medicaid statute mul... More...   $0 (07-09-2013 - NJ)

Ryan Hart v. Electronic Arts, Inc.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

National Amusements, Inc. v. The Borough of Palmyra

In 2008, the Borough of Palmyra (“Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

Michael Sylvain v. Attorney General of the United States

Statutory language is important. It takes on added significance when a person‘s freedom is at stake. Under the Immigration and Nationality Act, immigration offi-cials ―shall take into custody any‖ deportable alien who has committed various crimes ―when the alien is re-leased‖ from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without a... More...   $0 (04-25-2013 - NJ)

Soma Mandal, M.D. v. Port of Authority of New York and New Jersey

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened... More...   $0 (04-04-2013 - NJ)

Tamika Covington v. International Association of Approved Basketball Officials

When the Defense Department rescinded the ban on women in combat positions, it effectively undermined the presumption of female inferiority that had for years closed opportunities for women in the military, in sports, and in other fields. In her Second Amended Complaint (“SAC”), Tamika Covington, who has been a basketball official in New Jersey and Pennsylvania for over ten years, alleges gend... More...   $0 (03-14-2013 - NJ)

Ray V. Caprio v. Healthcare Revenue Recovery Group, LLC

Plaintiff Ray V. Caprio filed a complaint against Defendant Healthcare Revenue Recovery Group, LLC (“HRRG”), alleging two claims under the Fair Debt Collection Practices Act (“FDCPA”). Caprio appeals from the order of the United States District Court for the District of New Jersey granting HRRG‟s motion for judgment on the pleadings. We will vacate the District Court‟s order and will r... More...   $0 (03-01-2013 - NJ)

National Security Systems, Inc. v. Robert L. Iola, Jr.

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...   $0 (11-08-2012 - NJ)

New Jersey Department of Environmental Protection v. Ofra Dimant

Seeking contribution for costs expended in the investigation and remediation of contaminated groundwater that tainted private wells in Bound Brook, the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund (hereinafter collectively the DEP), filed this action under the Spill Compensation and Control Act (Spill Act or Act). Although the DE... More...   $0 (09-26-2012 - NJ)

Steven J. Winters v. North Hudson Regional Fire and Rescure

In this matter, we consider whether a plaintiff, who was removed from public employment after positing a claim of employer retaliation in a civil service disciplinary proceeding, should be barred from seeking to circumvent that discipline through a subsequent Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, action also alleging retaliation. We hold that, under these facts, p... More...   $0 (09-13-2012 - NJ)

Mark W. Hagans v. Commissioners of Social Security

Mark Hagans appeals the cessation of his Social Security disability insurance benefits following a determination by the Social Security Administration (“SSA”) that he was no longer disabled. Hagans argues the District Court erred by reviewing his disability status as of September 1, 2004 — the day on which, according to the SSA, Hagans’s disability ceased. This contention requires us to de... More...   $0 (09-17-2012 - nj)

D.F. v. Collingswood Borough Board of Education

Appellant D.F. was a five-year-old kindergartener during the 2008-2009 school year, his first under the supervision of Appellee Collingswood Borough Board of Education (―Collingswood‖). He had previously been educated in the Camden school system, which had identified him as a special needs student and developed an Individualized Education Plan (―IEP‖) for him. Collingswood adopted the Camd... More...   $0 (09-13-2012 - NJ)

HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey

The Port Authority of New York and New Jersey (Authority) appeals the District Court‘s summary judgment, which orders the Authority to make modifications to its Grove Street Station to bring it into compliance with the Americans with Disabilities Act (ADA) of 1990, Pub. L. No. 101-336, 104 Stat. 378 (codified as amended at 42 U.S.C. §§ 12101–12213). We will vacate this judgment and remand t... More...   $0 (12-31-1969 - NJ)

Michele M. Simmsparris v. Countrywide Financial Corp.

Michele SimmsParris brought this action under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681–1681x, to recover for the reporting of what she asserts was false information about her mortgage repayments. The United States District Court for the District of New Jersey, determining that SimmsParris had not properly presented her claim as required by the FCRA, granted summary judgmen... More...   $0 (07-28-2011 - NJ)

Calco Hotel Management Group, Inc. d/b/a Days Inn at Freehold

Defendant, Patricia Gike, the renter of a hotel room, appeals from summary judgment holding her vicariously liable under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-l to -28, and its regulations promulgated by the Commissioner of the Department of Community Affairs (DCA), N.J.A.C. 5:10-1.1 to -28.1, for property damage caused by her guest, even though she never entered the room and was no... More...   $0 (06-28-2011 - NJ)

Sanford Carter v. Lake Wood of Voorhees d/b/a Lakewood of Voorhees Associates

This is a nursing home negligence action arising from injuries sustained by plaintiff Sanford Canter at the Lakewood of Voorhees Nursing Home, a New Jersey licensed long-term care facility (the nursing home). By leave granted, defendant Seniors Healthcare, Inc. (SHI) appeals from the denial of its motions for partial summary judgment and reconsideration on the issue of whether corporate veil-pierc... More...   $0 (06-28-2011 - NJ)

Judith A. Messick v. Board of Review and A. Best Management, Inc.

Judith A. Messick, a claimant for unemployment benefits, appeals from a final decision of the Board of Review holding her "disqualified for benefits . . . under N.J.S.A. 43:21-5(a) as she left work voluntarily without good cause attributable to such work." We affirm.

The Board of Review's decision was the final step in an internal agency process. That determination was based upon findings o... More...
   $0 (06-30-2011 - NJ)

David C. Onyiuke v. Cheap Tickets, Inc.

Appellant David C. Onyiuke, proceeding pro se, appeals from the orders of the United States District Court for the District of New Jersey dismissing his complaint for lack of subject matter jurisdiction and denying his motion for reconsideration. For the reasons that follow, we will affirm the orders of the District Court.

I.

In April 2009, Onyiuke filed an amended complaint against ... More...
   $0 (07-05-2011 - NJ)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

AMB Property, LP v. Penn America Insurance Company

Plaintiff, AMB Property, LP (plaintiff), appeals a summary judgment dismissal of its action seeking: (1) a declaration, as an additional insured, that defendant Penn America Insurance Company (Penn America) owes plaintiff a defense and indemnification for an underlying claim; and (2) damages against defendant Jimcor Agency, Inc. (Jimcor), the managing general agent for Penn America, for profession... More...   $0 (02-14-2011 - NJ)

Robert Freeman v. Jon S. Corzine

Plaintiffs – two New Jersey wine enthusiasts, a New Jersey couple who seeks access to more Kosher wines, and a California winery – have brought suit in the United States District Court for the District of New Jersey against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control, alleging that several aspects of New Jersey’s Alcoholic Beverage Control Law (“ABC Law”) infring... More...   $0 (12-22-2010 - NJ)

Patrick O'Flaherty v. Turner Construction Company

Plaintiffs William Michael Moore (Moore) and Patrick O'Flaherty (O'Flaherty) appeal the dismissal of their claims against defendant Turner Construction Company (Turner) as barred by the statute of limitations. Because the extraordinary circumstances surrounding the inception of their employment relationship with Turner do not toll the applicable statutes of limitations, and because there is no ba... More...   $0 (10-06-2010 - NJ)

Indian Brand Farms, Inc. v. Novartis Crop Protection, Inc.

For the second time in just over five years, a group of New Jersey blueberry farmers (collectively, “Plaintiffs”) appeals orders of the District Court granting summary judgment to defendant Novartis Crop Protection, Inc. (“Novartis”) on Plaintiffs’ claims for damage to their crops allegedly caused by use of a pesticide manufactured and distributed by Novartis.

The principal issu... More...
   $0 (08-11-2010 - NJ)

Vonnie Cornett v. Johnson & Johnson and Cordis Corp.


At issue in these consolidated appeals is whether State causes of action in strict product liability, breach of express and implied warranty, and derivative claims for alleged defects in a medical device, the Cypher® Sirolimus-Eluting Coronary Stent (Cypher or device), manufactured by defendant Cordis Corporation (Cordis or defendant) are preempted by the Medical Device Amendments of 1976 (M... More...
   $0 (07-23-2010 - NJ)

Melody Curzi v. Raymond L. Raub, III


The primary issue in this appeal deals with jurisdiction under the Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4, in the context of a private nuisance claim. Defendants Raymond L. Raub, III (Raub) and his wife Gail A. Raub own a 34 acre farm straddling Harmony and Lopatcong Townships in Warren County. In addition to that property, Raub also conducts farming operations on about 120 contigu... More...
   $0 (07-30-2010 - NJ)

Shana Faith Massachi v. City of Newark



This appeal requires us to decide a question left unresolved in our prior opinion in this case, Massachi v. AHL Services, Inc., 396 N.J. Super. 486, 508 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008). In particular, we now decide whether N.J.S.A. 52:17C-10, commonly known as the 9-1-1 immunity statute, provides immunity to employees of defendant City of Newark's (City) 9-1-1 emergen... More...
   $0 (08-04-2010 - NJ)

Paris Wilson v. City of Jersey City


Paris Wilson is the sole survivor of a tragic mass slaying. He was left for dead with life-threatening wounds as his mother and siblings lay dying nearby in their home. After enduring multiple stab wounds allegedly inflicted by his uncle, Paris was finally able——more than thirty hours after the attack——to telephone a Jersey City 9-1-1 operator for help. Rescue arrived almost immediate... More...
   $0 (08-06-2010 - NJ)

Jackson Holdings, LLC v. Jackson Township Planning Board


The issue presented by this appeal is whether a trial court may order a planning board to grant an application for a land use approval even though the court determines that there is a substantial question concerning the validity of the part of the zoning ordinance under which that approval was sought. We conclude that if a trial court hearing an action challenging a planning board's decision ... More...
   $0 (07-21-2010 - NJ)

Big M, Inc. v. Texas Roadhouse Holding, L.L.C.

Plaintiff Big M, Inc., t/a Annie Sez, the holder of a judgment against Tiffany Kraus in the amount of $672.22, obtained an order to garnish her wages. At the time, Kraus was employed as a waitress by defendant Texas Roadhouse Holding, LLC. When defendant remitted a single payment of $4.21, plaintiff filed a complaint against defendant seeking the balance due on the judgment. Defendant appeals from... More...   $0 (07-16-2010 - NJ)

Miriam Gonzalez v. New Jersey Property Liability Insurance Guaranty Association

In this appeal, we consider the validity of the National

Arbitration Forum's (NAF) Rule 4.1 The rule requires a person

injured in an automobile accident to demonstrate "immediate and

irreparable loss or damage" when seeking emergent medical

services disputed by a personal injury protection (PIP) insurer.

Plaintiff ... More...
   $0 (03-25-2010 - NJ)

 
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