Salus Populi Suprema Lex Esto

Search Database
Recent Cases
Cases By Subject
Report A Case
Search Directory
By State & City
Add A
Lawyer Listing
Recent Listings
By States & City
Add A Basic
Reporter Listing
Recent Listings
Search Directory
By State & Expertise
Add A Basic
Expert Witness
The Store
Recent Listings
Add A Basic
Classified Ad
County Seats
State Links
About MoreLaw
Contact MoreLaw
New Jersey Due Process Law
State Of New Jersey v. Howard Jones

On August 26, 2009, defendant was charged with third-degree
endangering the welfare of a child, N.J.S.A. 2C:24-4, and
fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b).
Those charges focused on events that took place on the morning
of March 24, 2009, involving C.W., a fourteen-year-old girl.
The following facts are gleaned from the evidence presented at
tri... More...
   $0 (01-20-2016 - NJ)

State Of New Jersey v. Julius Smith

During an encounter that lasted ten seconds, a woman was
robbed at gunpoint. She surrendered her purse with her cell
phone inside it, and the robber drove away in a car. She later
identified defendant Julius Smith as her assailant.
Six weeks after the robbery, the State Police recovered the
victims cell phone when they arrested a third person. Law
enforcement off... More...
   $0 (01-16-2016 - NJ)

State Of New Jersey v. Julius Smith

The Court considers the circumstances under which a trial court should grant a mistrial or continuance to allow defendant the opportunity to investigate newly discovered evidence revealed during trial. At 11:30 p.m. on July 2, 2009, as Jayne Gourgiotis was walking home, a car with two men inside pulled up near her. The passenger got out of the car, approached her, and spoke to her. She looked... More...   $0 (01-14-2016 - NJ)

State Of New Jersey v. Lloyd-Jones

We summarize the trial testimony. At about 2:30 a.m. on April 13, 2011, Officer Mathew Brescia was alone on patrol in the Township of Union. At a darkened gas station, he saw a Subaru Impreza wagon parked next to the gas pump, with Armerding standing next to the rear passenger side. Knowing the gas station was closed, Brescia pulled in and exited his patrol car. He saw the gas pump was illuminated... More...   $0 (01-03-2016 - NJ)

State v. McKinney

In these consolidated appeals, the Court considers whether the jury instructions were erroneous and, if so, whether that error requires a new trial. These consolidated appeals arise from an incident in which three armed men forced their way into the apartment in which Christopher Jones resided with his nieces, Tiara Parker and Lakesha Bella, and his nieces' friends, Shontae Lewis and Latanya Carte... More...   $0 (11-29-2015 - NJ)


Defendant Jean A. Sene was driving a taxi when a pedestrian
stepped into his lane of traffic. The pedestrian fell into the
adjoining lane of traffic and was killed when she was run over
by another vehicle. Defendant did not stop his taxi at the
scene and left without speaking to anyone. A jury convicted
defendant of leaving the scene of a fatal motor vehicle accident More...
   $0 (11-28-2015 - 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)


Two members of the New Jersey State Police entered
plaintiff Denise Brown's home without a warrant and without
consent in order to "secure the apartment" while they sought a
search warrant for the premises. They were looking for evidence
of a home invasion they believed had been committed by her
boyfriend, and, specifically, for a stolen piece of jewelry they
had rea... More...
   $0 (09-15-2015 - NJ)

Brand Marketing Group LLC v. Intertek Testing Services NA

Brand is a small company founded in 2004 by David Brand.1 Until about 2008, Brand sold vent-free heaters products that provide gas heat without having to vent outdoorsmade by a company called ProCom. At that point, Brand began developing the Thermablaster, a vent-free heater that purportedly improved on ProComs design.
Through some industry contacts, Brand was introduced to a Chinese com... More...
   $0 (09-13-2015 - NJ)

State of New Jersey v. Jamil McKinney, State of New Jersey v. Al-Tariq Wardrick

These consolidated appeals arise from an intrusion into an
apartment by three armed men. Al-Tariq Wardrick and Jamil
McKinney (together defendants) were identified as two of the
three intruders and were charged in a seventeen-count
indictment. Wardrick and McKinney were tried together by a jury
and convicted of several offenses, including first-degree
robbery ... More...
   $0 (08-28-2015 - NJ)


The recent history of civil commitment of the mentally ill in this country is inextricably linked with the development of psychotropic drugsantipsychotics, antidepressants, mood stabilizers, and the like. According to an expert report submitted to the District Court, effective psychotropic medications emerged in the 1950s and rapidly became a mainstay of treatment in psychiatric hospitals beca... More...   $0 (08-09-2015 - NJ)

Joanne Neale v. Volvo Cars of North America, L.L.C.

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
Car Corporation (collectively Volvo) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reasons th... More...
   $0 (07-22-2015 - 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)

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)


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


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,


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.


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.


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)

Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2016 MoreLaw, Inc.