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New Jersey Agency Law

A jury convicted defendant Anthony M. Fernandez of second
degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2,
2C:35-5(a)(1), and 2C:35-5(b)(1) (count one); first-degree
possession with intent to distribute cocaine, N.J.S.A. 2C:35
5(a)(1) and 2C:35-5(b)(1) (count three); third-degree possession
with intent to distribute marijuana, N.J.S.A. 2C:35-5(a)(1) and
2C:35-5... More...
   $0 (05-23-2016 - NJ)


This appeal raises in part the novel issue of whether a
plaintiff, who was treated by a private medical provider under
contract to provide care to inmates at a county jail, must serve
that private entity with a tort claims notice before she can sue
the company for negligence. We hold that the Tort Claims Act
(the "TCA" or the "Act"), N.J.S.A. 59:1-1 to :14-4, does not More...
   $0 (04-24-2016 - NJ)


The record reveals the following facts and procedural
A. Suppression Hearing
According to Detective Robert Prachar of the Homicide
Squad, Essex County Prosecutor's Office (prosecutor's office),
he initially met defendant on July 23, 2009, at her home in
Fairfield, where Zoppi had been found dead that morning. Later
that day, defendant and her husban... More...
   $0 (04-22-2016 - NJ)

Fushun Jinly Petrochemical Carbon Co. v. United States

The matter concerns the fourth administrative review of the order on subject
merchandise,1 as determined by the International Trade Administration, U.S. Department of
Commerce (“Commerce”). After the review’s March 29, 2013 initiation, Commerce selected
Fushun and Fangda as mandatory respondents,
Concerning two of the issues brought here, Commerce preliminarily found that
Fu... More...
   $0 (03-28-2016 - NJ)


We briefly summarize the relevant facts and procedural
history. On August 15, 2012, at around 2:00 p.m., M.M. took her
two children W.M. and V.M. to see a movie at a theater in Brick
Township. W.M. was seven years old, and V.M. was three years
After watching the movie for approximately forty-five
minutes, M.M. heard noises behind her. She stood up and turned ... More...
   $0 (03-16-2016 - NJ)

United States of America v. Steven Cox, a/k/a “Steve Coluzzi”

Camden, NJ - Former Employee Of Timeshare Consulting Firm Sentenced To 15 Months In Prison For Conspiring To Defraud Timeshare Owners

A former employee of The Vacation Ownership Group LLC was sentenced today to 15 months in prison for his role in conspiring to defraud owners of timeshare properties by offering phony consulting services, U.S. Attorney Paul J. Fishman announced.

St... More...
   $0 (03-09-2016 - NJ)


An Essex County grand jury charged defendant with second
degree conspiracy to violate the narcotics laws, N.J.S.A. 2C:5-2
(count one); third-degree possession of a controlled dangerous
substance (CDS), cocaine, N.J.S.A. 2C:35-10a(1) (count two);
first-degree possession of CDS, cocaine, in a quantity of five
ounces or more, N.J.S.A. 2C:35-5b(1) (count three); second
degr... More...
   $0 (03-01-2016 - NJ)

Anita Jones v. Dr. Pepper Snapple Group, et al.

The pertinent facts are as follows. Plaintiff was a
temporary employee who worked as a machine operator at
defendant's manufacturing facility from March 2011 to October
2011. She was re-hired as a temporary employee in January 2012
and hired as a permanent employee on February 27, 2012. She
resigned on March 27, 2012.
Plaintiff alleges she was sexually harassed on... More...
   $0 (02-26-2016 - NJ)

Sundiata Acoli v. New Jersey State Parole Board

After a two-member panel of the Parole Board denied parole
to petitioner Sundiata Acoli, a convicted murderer who twice
before had been denied parole, Acoli filed an internal
administrative appeal. That administrative appeal entitled him
to a review by the full Parole Board of the record that had been
developed before the Board panel, as well as any additional
materi... More...
   $0 (02-23-2016 - NJ)


Defendant Matthew P. Conroy appeals from a September 16,
2014 Law Division order, following de novo review of his
municipal court conviction for driving while intoxicated (DWI),
N.J.S.A. 39:4-50, based upon Alcotest results obtained when
arrested. During the trial before the Law Division, defendant
argued the municipal court judge erred when reconsidering an
order ma... More...
   $0 (02-19-2016 - NJ)


After his suppression motion was denied, defendant Max
Simeus pled guilty to first-degree possession of a controlled
dangerous substance (CDS) with intent to distribute, N.J.S.A.
2C:35-5(a)(1) and -5(b)(6). He was sentenced on May 5, 2014, to
ten years in prison, with a thirty-month parole bar. Defendant
appeals the conviction, focusing on the denial of the
suppress... More...
   $0 (02-18-2016 - NJ)

Ewing Oil, Inc. v. John Burnett Inc.,

This matter examines the enforceability of a sister-state
judgment entered pursuant to a cognovit provision contained in a
guaranty agreement against individual guarantors of a corporate
debt. Plaintiff, Ewing Oil Co., Inc., a Maryland Corporation,
sued John T. Burnett, Inc. (JTB, Inc.), a New Jersey
corporation, for payment under a supply agreement. The
corporate o... More...
   $0 (02-14-2016 - NJ)


Defendant George Fermisco was originally indicted in
Middlesex County Indictment No. 10-05-0779 (the first
indictment), which charged him and twenty-six others with
various conspiracies involving the possession and distribution
February 1, 2016
A-3875-13T1 2
of controlled dangerous substances (CDS), and substantive CDS
and weapons offenses. That indictment was d... More...
   $0 (02-01-2016 - NJ)

Josh Finkelman v. National Football League

Many of us have felt the disappointment of wanting to attend a concert or athletic event only to discover that the event has sold out. When an artist or sports team is especially popular, the gap between the supply of tickets and the demand for those tickets can be enormous. Some people will be able to attend such an event; others will not.
The Super Bowl is perhaps the ultimate example ... More...
   $0 (01-17-2016 - NJ)

Thomas DeMarco v. Sean Robert Stoddard, D.P.M

In this appeal, we consider whether the Rhode Island
Medical Malpractice Joint Underwriting Association (RIJUA) must
defend and indemnify a podiatrist in a medical malpractice
action pending in New Jersey following rescission of the
podiatrist’s medical malpractice liability policy. The policy
had been rescinded due to material misrepresentations concerning
the state... More...
   $0 (12-01-2015 - NJ)

Syed Hassan v. City of New York

Plaintiffs appeal the dismissal of their civil-rights suit
against the City of New York (the “City”). They claim to be
targets of a wide-ranging surveillance program that the New
York City Police Department (the “NYPD”) began in the
wake of the September 11, 2001 terrorist attacks (the
“Program”). Plaintiffs allege that the Program is based on the
false and stigmatizing pre... More...
   $0 (10-13-2015 - NJ)

Maher Terminals LLC v. The Port Authority of New York

Although Maher Terminals, LLC (“Maher”) challenges the rent it must pay under its lease agreement (“the Lease”) with the Port Authority of New York and New Jersey (“the Port Authority”), this case is not a typical landlordtenant dispute. Maher, a landside marine terminal operator, asserts that the rent due under the Lease violates the U.S. Constitution’s Tonnage Clause, U.S. Const. art. I, § 10, c... More...   $0 (10-10-2015 - NJ)

Bruce Kaye v. Alan P. Rosefielde

Plaintiff Bruce Kaye, the controlling principal of three entities that sell and manage timeshare interests in resort properties in Atlantic County, hired defendant Alan P. Rosefielde, an attorney admitted to practice law in New York but not in New Jersey, initially as outside counsel, and then as an employee. After defendant had worked closely with plaintiff for approximately four months, the pa... More...   $0 (09-23-2015 - NJ)


The Union County grand jury returned an indictment charging
defendant DeShaun Wilson with third-degree possession of a
controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count
one); third-degree possession of a controlled dangerous
substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and
(b)(3) (count two); and second-degree possession of a controlled
dan... More...
   $0 (09-15-2015 - NJ)

H.S.P. v. J.K., K.G. v. M.S. (Deceased)

In this appeal, we examine the role of our state courts in
making the predicate findings necessary for a non-citizen child
to apply for “special immigrant juvenile” (SIJ) status under the
Immigration Act of 1990, as amended by the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
(TVPRA), Pub. L. No. 110-457, 122 Stat. 5044. SIJ status... More...
   $0 (08-26-2015 - NJ)

United States of America v. Mykal Derry, a/k/a “Koose” and Malik Derry, a/k/a “Lik”

Camden, NJ - ‘Dirty Block’ Gang Leader And His Brother Convicted On Drug Conspiracy And Weapons Charges

Two members of a criminal street gang that used threats, intimidation and violence to maintain control of the illegal drug trade in Atlantic City, New Jersey, were convicted at trial on drug conspiracy and weapons charges, U.S. Attorney Paul J. Fishman announced.

Mykal Derry, a... More...
   $0 (08-18-2015 - NJ)

State v. Evan Reece

Officers responded to defendant’s home to investigate a
dropped 9-1-1 call. When the officers announced their intention
to enter defendant’s home without a warrant, defendant attempted
to block their entry and a struggle ensued. After being
subdued, defendant was arrested and charged with two counts of
simple assault, N.J.S.A. 2C:12-1(a)(1); one count of resisting
... More...
   $0 (07-20-2015 - NJ)

Paula Jensen v. Pressler & Pressler

We are asked to decide whether a false statement in a communication from a debt collector to a debtor must be material in order to be actionable under a provision of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e. We conclude that materiality is required, as it is subsumed within the “least sophisticated debtor” standard that has traditionally governed FDCPA claims. B... More...   $0 (07-02-2015 - NJ)

State of New Jersey v. Ivonne Saavedra

In this appeal, we review the trial court’s denial ofdefendant Ivonne Saavedra’s motion to dismiss her indictment for
official misconduct and theft by unlawful taking of public
documents. We also consider defendant’s constitutional and
public policy challenges to the official misconduct and theft
statutes as they apply to her case.
Defendant, an employee of the North Berg... More...
   $0 (06-23-2015 - NJ)

In re: In The Matter of the Grand Jury Empaneled On May 9, 2014

John Doe, D.O., a medical doctor, and ABC Entity, (the “Corporation” or “Medical Practice”), (together, “Appellants”), appeal the District Court’s order holding the Corporation in contempt for noncompliance with a grand jury
subpoena directing its custodian of records to produce certain documents. Doe claims that despite serving as the Corporation’s custodian, as the sole... More...
   $0 (05-15-2015 - NJ)

Andrew Dwyer v. Cynthia A. Cappell

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional... More...   $0 (08-11-2014 - NJ)

United States of America v. John Bencivengo

Appellant John Bencivengo, former Mayor of Hamilton Township, New Jersey, was convicted of violating, inter alia, the Hobbs Act, 18 U.S.C. § 1951(a) and § 2, and the Travel Act, 18 U.S.C. § 1952(a)(1) and (3) and § 2, for accepting money from Marliese Ljuba in exchange for agreeing to influence members of the Hamilton Township School Board to refrain from putting the School District’s insura... More...   $0 (04-23-2014 - NJ)

United States of America v . John Bencivengo

Appellant John Bencivengo, former Mayor of Hamilton Township, New Jersey, was convicted of violating, inter alia, the Hobbs Act, 18 U.S.C. § 1951(a) and § 2, and the Travel Act, 18 U.S.C. § 1952(a)(1) and (3) and § 2, for accepting money from Marliese Ljuba in exchange for agreeing to influence members of the Hamilton Township School Board to refrain from putting the School District’s insura... More...   $0 (04-23-2014 - NJ)

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,


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)

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