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New Jersey Due Process Law
 
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)

Byron Halsey v. Frank Pfeiffer

The facts underlying this appeal—many of which are undisputed—are hardly believable. Plaintiff-Appellant, Byron Halsey, a young man with limited education, learned that the two small children for whom he had been caring had been tortured and murdered. He wanted to help in the investigation of these heinous crimes but found himself isolated in a police interview room, accused of the murders, to... More...   $0 (04-24-2014 - NJ)

Lawrence Thomas v. Cumberland County

Lawrence Thomas brought this suit under 42 U.S.C. § 1983 and the New Jersey Civil Rights Act, N.J. Stat. Ann. § 10:6-2, after he sustained an attack at the hands of other inmates at the Cumberland County Correctional Facility (the “CCCF”). The attack occurred after a several-minute long verbal argument between Thomas and a group of inmates in the presence of corrections officers. Thomas brou... More...   $0 (04-11-2014 - NJ)

In re: PAUL RUITENBERG, III

We decide whether Candace Ruitenberg’s interest in an equitable share of marital property pending her divorce from Paul Ruitenberg, III is a pre-petition “claim” against Paul’s bankruptcy estate. The issue has divided Bankruptcy Courts in our Circuit.

Paul filed for bankruptcy under Chapter 7 of the Bankruptcy Code, and Thomas J. Orr was appointed as the Trustee of the bankruptcy es... More...
   $0 (03-13-2014 - NJ)

Nowell James and Maryann James v. New Jersey Manufacturers Insurance Company

In Pinto v. New Jersey Manufacturers Insurance Co., 183 N.J. 405, 407 (2005), this Court enforced a commercial motor vehicle liability policy’s “step-down” provision, which had the effect of capping uninsured or underinsured motorist coverage (UM/UIM coverage) provided through an employer’s commercial policy to employees and other qualifying “insureds” at the

2

limits ava... More...
   $0 (02-03-2014 - NJ)

State of New Jersey v. Joseph Diorio

In 1999, Joseph Diorio and two others conceived and executed a “bust-out” financial scheme by creating a business for the purpose of defrauding creditors. In a bust-out scheme, a company is formed and establishes a credit line presenting itself to the business community as a reputable company. Initially, it places small orders with suppliers. As it establishes a favorable payment history, the ... More...   $0 (02-18-2014 - 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)

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)

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)

Association of New Jersey Rife and Pistol Clubs, Inc. v. Governor of the State of New Jersey

The Association of New Jersey Rifle and Pistol Clubs, Inc., Bob‘s Little Sport Shop, and several individuals (―Appellants‖) appeal the District Court‘s dismissal of their claims against Appellees –– the Governor of New Jersey, the Attorney General of New Jersey, the Superintendent of the New Jersey State Police, and the City of Hackensack 1— and the District Court‘s denial of Appel... More...   $0 (01-30-2013 - NJ)

Katherine Milne v. Robert Goldenberg

The parties appeal from four post-judgment orders in this highly contentious and litigious matrimonial matter. Plaintiff Katherine Milne challenges provisions set forth in Family Part orders dated March 10, 2011, March 23, 2011, and September 30, 2011, the latest of which was entered following our limited remand. Defendant Robert Goldenberg appeals from an April 29, 2011 order, which reallocated ... More...   $0 (09-21-2012 - NJ)

Kelly Ramos v. Herbert Flowers

Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for summary judgment and dismissing his complaint with prejudice. We reverse and remand for further proceedings consistent with this opinion.

I.

We discern the following facts and procedural history from the record on appeal. Because we are reviewing a motion for summary j... More...
   $0 (09-22-2012 - 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)

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)

Control Screening, LLC v. Technological Application and Production Company (TECAPRO), HCMN-Vientman

This dispute involves New Jersey-based Control Screening, LLC and Vietnam-based Technological Application and Production Company, HCMC-Vietnam (“Tecapro”). Control Screening and Tecapro disagree about the proper interpretation of an arbitration forum selection clause in their contract. The District Court granted Control Screening‟s motion and petition to compel arbitration in New Jersey, and... More...   $0 (07-26-2012 - 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)

Joseph W. McMullen v. Maple Shade Township

This appeal involves a suit brought under 42 U.S.C. § 1983 by a New Jersey resident who was arrested by municipal police for violating a public intoxication ordinance. At issue is whether a federal cause of action exists when one is arrested for violating an ordinance that might be invalid under state law. We hold that it does not.

I

In October 2007, Joseph McMullen was arrested in ... More...
   $0 (06-27-2011 - 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)

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)

Gregg C. Revell v. Port Authority of New York and New Jersey

Gregg C. Revell appeals from the dismissal of his claims, brought pursuant to 42 U.S.C. § 1983, seeking to impose liability upon the Port Authority of New York and New Jersey (“Port Authority”) and Port Authority Police Officer Scott Erickson for arresting him under New Jersey’s gun laws and seizing his firearm and ammunition. According to Revell, his arrest was unlawful because he was in c... More...   $0 (03-23-2010 - NJ)

Robert Nicastro v. McIntyre Machinery America, Ltd.

Today, all the world is a market. In our contemporary international economy, trade knows few boundaries, and it is now commonplace that dangerous products will find their way, through purposeful marketing, to our nation's shores and into our State. The question before us is whether the jurisdictional law of this State will reflect this new reality.

In this case, the foreign manufacturer o... More...
   $0 (02-09-2010 - NJ)

Robert J. Triffin v. Automatic Data Processing, Inc.

Plaintiff, Robert J. Triffin, appeals from an order entered on July 1, 2008. The order was entered by Judge Donald S. Goldman and finds that Triffin by clear and convincing evidence committed a fraud on the court. The order goes on to award defendant, Automatic Data Processing, Inc. (ADP), counsel fees and costs in the amount of $44,000 and outlines various sanctions by way of an injunction agains... More...   $0 (01-11-2010 - NJ)

Francisco Nunez v. Martin R. Pachman

This appeal from the District Court’s grant of summary judgment in favor of defendants, and against plaintiff Francisco Nunez, requires us to decide whether disclosure of an expunged criminal record violates the right of privacy afforded by the Due Process Clause of the U.S. Constitution. Relying on a footnote in our opinion in Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia, 812 ... More...   $0 (08-28-2009 - NJ)

McKesson Corp. v. Hackensack Medical Imaging



This appeal involves the commonplace conflict that arises when a sister state, in the exercise of its long-arm jurisdiction, enters a default judgment against a citizen of this State, and the judgment holder seeks to enforce that default judgment in our courts. The trial court determined that the sister state had proper long-arm jurisdiction over the New Jersey defendant and, therefore, th... More...
   $0 (01-21-2009 - NJ)

Carole Media, LLC v. New Jersey Transit Corporation; All Vision, LLC

In 2004, after a scandal involving the licensing of billboards on New Jersey property, New Jersey took steps to revamp its billboard program. Thereafter, two of the companies that had licenses to display those billboards filed suit against the New Jersey Transit Corporation (“NJ Transit”), the lessor, and All Vision LLC (“All Vision”), its managing agent. The suit was initiated by CBS Outd... More...   $0 (12-22-2008 - NJ)

Carole Media, LLC. v. New Jersey Transit Coporation, STUART BROOKS, in his official capacity as Director of Outdoor Advertising for the New Jersey Department of Transportation

In 2004, after a scandal involving the licensing of billboards on New Jersey property, New Jersey took steps to revamp its billboard program. Thereafter, two of the companies that had licenses to display those billboards filed suit against the New Jersey Transit Corporation (“NJ Transit”), the lessor, and All Vision LLC (“All Vision”), its managing agent. The suit was initiated by CBS Outd... More...   $0 (12-23-2008 - NJ)

OFP, LLC v. The State of New Jersey

The Highlands Act provides for the regulation of development and land use planning in the Highlands Region, consisting of nearly 800,000 acres in eighty-eight municipalities located in parts of seven counties in north and central New Jersey. The Highlands Act creates two areas within the Region: a preservation area, in which further development is strictly regulated, and a planning area, in which ... More...   $0 (12-09-2008 - NJ)

Jane E. Bentley v. Atlantic County, New Jersey, et al.

Jane E. Bentley, an Atlantic County, New Jersey deputy sheriff sued Atlantic County and Sheriff James McGettigan on a civil rights violation theories claiming that her due process rights were violated by the Sheriff's Office after she made an offhand joking remark about an arrest make by another officer. She was suspended on November 6, 2003 after after a 20 year career. The case stemmed from an ... More...   $92000 (12-10-2008 - NJ)

Michael O'Rourke v. City of Lambertville, et al.



Defendants appeal from a final judgment entered by the trial court on August 20, 2007, which reversed a decision by the City Council of the City of Lambertville removing plaintiff from his position as a police officer and ordered plaintiff's reinstatement. Defendants also appeal from an order entered on September 20, 2007, which denied their motion for reconsideration and awarded plaintiff... More...
   $0 (10-31-2008 - NJ)

Grant Spinks, et al. v. The Township of Clinton, et al.

Plaintiffs Grant Spinks, Robert Kovacs, and Michael Exley appeal from two orders entered on March 27, 2006, granting summary judgment to defendant The Township of Clinton (Clinton) and defendant Stephen Clancy (Clancy) dismissing plaintiffs' complaint in its entirety. Plaintiffs' complaint alleged retaliation by defendants in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983 an... More...   $0 (09-11-2008 - NJ)

New Jersey Society for the Prevention of Cruelty to Animals, et al. v. New Jersey Department of Agriculture, et al.

In 1996, with little discernable fanfare, the Legislature enacted a new section of the existing statute regulating animal cruelty. Although that statute, since at least 1898, had essentially left animal welfare and the protection of animals to the New Jersey Society for the Prevention of Cruelty to Animals (“NJSPCA”) and its related county organizations, the Legislature decreed that the Depart... More...   $0 (07-30-2008 - NJ)

Noel Gowran v. Wawa, Inc. and Countryway Insurance Company

In this appeal, we hold that an intervenor was not required to personally serve a third-party complaint that sought relief from plaintiff, but was only required to serve the pleading on plaintiff's attorney of record.

Plaintiff Noel Gowran filed a complaint against defendant Wawa, Inc., in which he sought damages for personal injuries allegedly sustained while a patron of defendant... More...   $0 (01-13-2008 - NJ)

Jilin Pharmaceutical USA, Inc. v. Wei Zhao v. Michael Chertoff, et al.

In Soltane v. United States Department of Justice, 381 F.3d 143 (3d Cir. 2004), we construed the statute governing the denial of a visa application, 8 U.S.C. 1153(b)(4), and held that 8 U.S.C. 1252(a)(2)(B)(ii) did not strip the district court of jurisdiction to review this administrative decision. This appeal by Jilin Pharmaceutical USA, Inc. ("Jilin USA") and Wei Zhao from an order ... More...   $0 (05-20-2006 - NJ)

FAITH A. WILDE v. JOHN P. OLEARY, JR., et al.

In this case involving allegations of securities fraud, plaintiff Faith A. Wilde appeals from a grant of summary judgment confirming an arbitration award in favor of defendants. We reverse and remand.

In August 1996, plaintiff, then a thirty-five-year-old widow with two young children, sought advice from defendants, John O'Leary, Jr., and Adam J. Gurien, regarding the investment of ... More...   $0 (02-11-2005 - NJ)

New Jersey Division of Youth and Family Services v. A.R.G.

This appeal, which is before us as of right based on a dissent in the Appellate Division, Rule 2:2-1(a)(2), involves the meaning of the term "aggravated circumstances" in N.J.S.A. 30:4C-11.3(a), the existence of which excuses the Division of Youth and Family Services ("DYFS") from providing statutorily required reasonable efforts at family reunification. Also implicated is the question of what... More...   $0 (03-24-2004 - NJ)

Caviglia v. Royal Tours of America

Plaintiff Jorge O. Caviglia owned and operated an uninsured motor vehicle at the time he suffered injuries in an automobile accident. Although faultless in the accident, plaintiff was exposed to a mandatory fine of between $300 and $1,000, a period of community service, and a one-year license forfeiture because of his failure to carry automobile liability insurance. N.J.S.A. 39:6B-2. Because hi... More...   $0 (02-23-2004 - NJ)

S.H. Individually and On Behalf of I.H. v. State-Operated School District of Newark

This Individuals with Disabilities Act case concerns the continuing placement of a hearing impaired child, I.H., in an out-of-district public school. At issue is the Newark School District's proposed individual education plan for I.H. for the 1999-2000 school year, which returned her to indistrict placement. I.H. and her mother, S.H., prevailed in their due process hearing at the state ad... More...   $0 (07-15-2003 - NJ)

State of New Jersey v. Sherman Artwell, a/k/a Timothy Harris

Defendant was arrested and charged with third-degree possession of cocaine, third-degree possession of cocaine with intent to distribute, and third-degree possession of cocaine with intent to distribute within 1000 feet of a school zone. Defendant and the State gave conflicting accounts at trial regarding the circumstances of defendant's arrest.

The State presented the testimony of two und... More...   $0 (07-08-2003 - NJ)

H.E.S. v. J.C.S.

This case requires us to address procedural and substantive issues concerning New Jersey's Domestic Violence Act, N.J.S.A. 2C:25-17 to 35. Procedurally, the issues presented are whether defendant's right to due process was violated when he received notice of a domestic violence complaint less than twenty-four hours before trial and when a finding of domestic violence was based on an allegation... More...   $0 (02-06-2003 - NJ)

Robert J. Triffin v. Adele Johnston, et al.

Plaintiff, Robert J. Triffin, appeals from an order of the Special Civil Part, Small Claims Section, dismissing his complaint following a bench trial.

Plaintiff is in the business of buying dishonored checks from licensed check cashers and enforcing them free of personal defenses based on his status as an assignee of a holder in due course under N.J.S.A. 12A:3-203. See generally Triff... More...   $0 (03-19-2003 - NJ)

 
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