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New Jersey Internal Revenue Law
 

Joan Mullin v. Karen Balicki

Despite Lawyer's Error, Evidence of Guard-Encouraged Inmate Suicide Revives Lawsuit

During the early morning hours of January 17, 2009, New Jersey prisoner Robert Mullin hanged himself with a bedsheet that he had fashioned into a noose. The twentynine-year-old Robert had been in and out of prison for the better part of a decade, in part due to his ongoing struggles with substance abuse. While serving out his latest sentence at a halfway house, Robert was found in possession of ... More...   $0 (12-03-2017 - NJ)

Joan Mullin v. Karen Balicki

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

A little over two years into the civil-rights suit brought by Joan Mullin (“Mullin”) over the tragic prison suicide of her son, Robert Mullin (“Robert”), Mullin’s attorney received a discovery document with the potential to reshape the case. A previously undisclosed investigative report about the night
3
Robert died contained statements by fellow New Jersey inmates about a prison guard who... More...
   $0 (11-13-2017 - NJ)

Leonard Cottrell, et al. v. Alcon Laboratories, et al.

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf... More...   $0 (11-03-2017 - NJ)

Ina M. Collins v. Mary Kay, Inc.

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Plaintiff-Appellant Ina M. Collins, who worked as a
beauty consultant in New Jersey for Defendant-Appellee Mary
Kay, Inc. brought this putative class action in the United States
District Court for the District of New Jersey, claiming that
certain Mary Kay policies and practices violated the New
Jersey Wage Payment Law (“NJWPL”). Mary Kay moved to
dismiss the suit on forum n... More...
   $0 (11-03-2017 - NJ)

STATE OF NEW JERSEY v. BRYON O. WRIGHT, a/k/a OMAR WRIGHT, ROGER WRIGHT

Various drug offenses, eluding, and resisting arrest.

Following a jury trial, defendant Bryon O. Wright was
convicted of various drug offenses, eluding, and resisting arrest.
The judge sentenced him to an aggregate sixteen-year term of
imprisonment. We affirmed defendant's conviction and sentence on
direct appeal, preserving for post-conviction relief (PCR) his
claim that trial counsel provided ineffective assistance (IAC).... More...
   $0 (11-02-2017 - NJ)

Michelle Moody v. Atlantic City Board of Education

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Michelle Moody sued the Atlantic City Board of Education (“Board”) for sexual harassment and retaliation pursuant to Title VII, 42 U.S.C. §§ 2000e-2(a)(1), 3(a), and the New Jersey Law Against Discrimination (“NJLAD”), N.J. Stat. Ann. §§ 10:5-12(a), (d). The District Court granted summary judgment to the Board, finding that the alleged harasser, Maurice Marshall, was not Moody’s supervisor. Becaus... More...   $0 (09-12-2017 - NJ)

Steven J. Trazaska v. L'Oreal USA, Inc.; L'Oreal, S.A.

Steven J. Trzaska was an in-house patent attorney for
L’Oréal USA, Inc. (“L’Oréal USA”), a cosmetics company.
It fired him, he alleges, for his refusal to violate various
ethical rules that govern the legal profession. He asserts that
this action violated New Jersey employment law, as one
cannot be fired for refusing to violate regulations or public
3
policy at the ins... More...
   $0 (08-01-2017 - NJ)

United States of America, ex rel. Andre Petras v. Simparel, Inc., et al.

Andre Petras appeals the District Court’s dismissal of
his reverse False Claims Act suit against his former employer,
Simparel, Inc.; David Roth, Simparel’s founder and Chief
Technology Officer; and Ron Grilli, Simparel’s Chief
Executive Officer (collectively, “the Simparel defendants”).2
Petras initially alleged a reverse FCA claim3 and
retaliation claim4 under the False C... More...
   $0 (05-18-2017 - NJ)

Tymeco Jones v. SCO Silver Care Operations, L.L.C. d/b/a Alaris Health at Cherry Hill

Plaintiffs, Tymeco Jones, Iesha Bullock, and Teairra Pizzarro, are certified nursing assistants who bring this action against their employer, SCO Silver Care Operations (“Silver Care”) for violations of the Fair Labor Standards Act (“FLSA”) and related New Jersey state wage and hour laws. The plaintiffs claim that Silver Care underpaid them for overtime in two ways. First, Silver Care failed to in... More...   $0 (05-23-2017 - NJ)

STATE OF NEW MEXICO v. ASHLEY LE MIER

Le Mier unsuccessfully attempted to smuggle illegal substances into the
17 Roosevelt County Detention Center (RCDC) by concealing them within a body
18 cavity. The contraband was discovered during a strip search, Le Mier was charged
2
1 with three minor criminal offenses, she was arraigned on June 18, 2012, and pled not
2 guilty. Trial was initially set for mid-January 2013 ... More...
   $0 (05-01-2017 - NJ)

STATE OF NEW JERSEY v. DION E. ROBINSON (a/k/a QUANTAE MASON ALBERT MITCHELL)

Under federal and New Jersey search-and-seizure
jurisprudence, a police officer’s warrantless search of the
passenger compartment of a vehicle, following a lawful traffic
stop, is a constitutional protective sweep when the
circumstances give rise to a reasonable suspicion that a driver
or passenger “is dangerous and may gain immediate access to
weapons.” State v. Gam... More...
   $0 (05-01-2017 - NJ)

STATE OF NEW JERSEY v. SAINT H. MERILAN a/k/a, SAINT HILAIRE MERILAN, SAINT H. MERIALN, SAINT MERILAN, JASON WILLIAMS

The State presented the following evidence at trial.
Defendant, having spent the day with his daughter, waited for
Janet,1 the child's mother, to return home from work. As the child
and defendant sat in his car, Janet, her infant son, her partner,
and his sister pulled up and parked facing defendant's car, parked
in front of her apartment. The partner approached defenda... More...
   $0 (04-24-2017 - NJ)

STATE OF NEW JERSEY v. MIASHARI FOX

Defendant was in her apartment on March 27, 2008 with at
least two other people when her aunt, K.F., and defendant's
stepfather, A.W., came over. Defendant was upset with them because
she suspected they were involved in some manner when the Division
of Child Protection and Permanency previously removed defendant's
three children from her custody.
Defendant and K.F.... More...
   $0 (04-15-2017 - NJ)

STATE OF NEW JERSEY v. KASSEY BENJAMIN

We must determine whether a defendant seeking a waiver of
the mandatory minimum sentence under the Graves Act is entitled
to discovery of the prosecutor’s files from cases in which other
defendants were granted waivers of the mandatory minimum
penalty.
The Graves Act prescribes a minimum term of incarceration
for certain firearm-related offenses. For some first-time ... More...
   $0 (04-15-2017 - NJ)

STATE OF NEW JERSEY v. NAADIR I. MUHAMMAD, a/k/a CLAYTON JONES

Defendant was charged by an Atlantic County grand jury with
first-degree possession of ten grams or more of a controlled
dangerous substance (CDS) with intent to distribute, N.J.S.A.
2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(6) (count one); second
degree conspiracy to possess ten grams or more of a CDS with intent
to distribute, N.J.S.A. 2C:5-2, N.J.S.A. 2C:35-5(a), and N.J.S.A... More...
   $0 (04-09-2017 - NJ)

STATE OF NEW JERSEY v. KASSEY BENJAMIN

We must determine whether a defendant seeking a waiver of
the mandatory minimum sentence under the Graves Act is entitled
to discovery of the prosecutor’s files from cases in which other
defendants were granted waivers of the mandatory minimum
penalty.
The Graves Act prescribes a minimum term of incarceration
for certain firearm-related offenses. For some first-time ... More...
   $0 (04-09-2017 - NJ)

KANSAS CITY POWER & LIGHT CO. v. THE UNITED STATES

Plaintiff is an electrical utility company headquartered in Kansas City, Missouri. Compl. ¶ 1. It provides electrical services to both residential and commercial customers in Missouri and Kansas. Id. On or about August 19, 2005, the United States, acting through the General Services Administration (“GSA”), entered into a contract with plaintiff for the delivery of electrical utility services t... More...   $0 (03-28-2017 - NJ)

STATE OF NEW JERSEY v. DENIS A. CATANIA, a/k/a DENNIS CATANIA

MoreLaw Receptionist Services

Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls


On December 21, 2011, an Atlantic County grand jury returned
an indictment1 charging defendant Den... More...
   $0 (03-27-2017 - NJ)

STATE OF NEW JERSEY v. GIUSEPPE TEDESCO

MoreLaw Receptionist Services

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Defendant Giuseppe Tedesco appeals from the judgment of
conviction entered after a jury found... More...
   $0 (03-08-2017 - NJ)

5907 Blvd., L.L.C. v. West NY Suites, L.L.C.

Defendant West NY Suites, L.L.C., appeals from the Law Division's judgment following a bench trial finding it liable on

Page 2

a breach of contract claim brought by plaintiff 5907 Boulevard, L.L.C, and awarding damages and attorney's fees. We affirm.

In summary form, the parties entered into a contract for the sale of an apartment building from plaintiff to defen... More...
   $0 (07-19-2013 - NJ)

STATE OF NEW JERSEY VS. STEPHEN F. SCHARF

Defendant purchased a $300,000 life insurance policy and
$200,000 accidental death benefit insuring Scharf's life on May
23, 1991. He was the primary beneficiary; the parties' son,
Jonathan, ten years old at the time of the murder, was the
contingent beneficiary. Scharf's therapist, Patricia Teague, who
had been treating Scharf for depression since July 1990, testified <... More...
   $0 (01-27-2017 - NJ)

STATE OF NEW JERSEY v. DESHAUN P. WILSON

We are called upon to determine whether the admission into
evidence of a map, prepared and adopted by a governmental entity
pursuant to N.J.S.A. 2C:35-7.1(e), violates the Confrontation
Clause of the Sixth Amendment to the United States Constitution
and the analogous New Jersey constitutional provision, which
guarantee an accused “the right . . . to be confronted with the ... More...
   $0 (01-25-2017 - NJ)

STATE OF NEW JERSEY v. J.M.S.

Prior to trial, the court conducted a hearing pursuant to
State v. Michaels, 136 N.J. 299 (1994), to exclude Zelda's
recorded statements to a Massachusetts social services worker
and a Salem County, New Jersey prosecutor's office investigator.
The court also held a pre-trial Rule 104(a) hearing on the
admissibility of statements by Zelda to her mother, A.D., and to
h... More...
   $0 (01-03-2017 - NJ)

STATE OF NEW JERSEY v. JOSE L. ORTIZ

The evidence presented at trial showed that defendant and
M.P. had lived together in Connecticut. In 2010, M.P. relocated
to New Jersey with her three children following an incident with
defendant at her Connecticut home.
During the evening of March 5, 2012, M.P. was in her
apartment in Woodbury when she noticed someone at the front
door. She approached the door, whi... More...
   $0 (12-17-2016 - NJ)

STATE OF NEW JERSEY v. MATTHEW J. RAMOS,

Defendant Matthew J. Ramos appeals from the June 16, 2015 Law
Division order, which denied his petition for post-conviction
relief (PCR) without an evidentiary hearing. We affirm.
We derive the following facts from the record. A grand jury
indicted defendant for first-degree murder (of Denise Leonard),
N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree attempt More...
   $0 (12-05-2016 - NJ)

STATE OF NEW JERSEY v. JUNE GORTHY (a/k/a JUNE GOVERNALE)

When a criminal defendant is found competent to stand trial
under N.J.S.A. 2C:4-4, he or she has the autonomy to make
strategic decisions at trial, with the advice of counsel. Among
2
those decisions is the choice whether or not to assert the
insanity defense, which absolves a defendant of criminal
responsibility for his or her conduct, if at the time of such
c... More...
   $0 (09-29-2016 - NJ)

STATE OF NEW JERSEY v. JABRIL A. MITCHELL

We discern the following history from the record. On April
26, 2008, defendant was approached by two Atlantic City police
officers. Defendant took out a gun, pointed it at one of the
officers, and pulled the trigger. The weapon misfired. He then
fled the scene. During the course of his flight from police,
defendant brandished his gun at another officer who was sitting... More...
   $0 (09-21-2016 - NJ)

Ramon Cuevas v. Wentworth Group

Wentworth is a property-management company, and the
Wentworth Group is the parent entity. Michael Mendillo was the
president and chief executive officer of Wentworth and the owner
of the Wentworth Group. In May 2005, Mendillo hired Ramon to
serve as one of Wentworth’s regional vice presidents -- the only
one of Hispanic descent. In that role, Ramon managed high-rise More...
   $0 (09-21-2016 - NJ)

Securities and Exchange Commission v. Marrien Neilson and BOK, N.A.

New York, NY - BOK Financial, Senior Executive Charged With Turning Blind Eye to Investment Scheme

The Securities and Exchange Commission today announced that a subsidiary of Oklahoma-based BOK Financial Corporation has agreed to pay more than $1.6 million to settle charges that it concealed numerous problems and red flags from investors in municipal bond offerings to purchase and renova... More...
   $1600000 (09-15-2016 - NJ)

STATE OF NEW JERSEY VS. NOAH MOSLEY

Defendant Noah Mosley appeals from the Law Division's five
year sentence imposed on January 15, 2015, following his guilty
plea for violation of probation (VOP). Defendant challenges the
September 7, 2016
A-3212-14T4 2
trial court's acceptance of hearsay as proof of VOP. He also
seeks new sentencing due to the court's denial of his request
for an adjournment to ... More...
   $0 (09-07-2016 - NJ)

STATE OF NEW JERSEY VS. JAMAR COCKREN

We adopt the essential facts from our previous unpublished
decision remanding defendant's PCR petition for an evidentiary
hearing:
The record reveals that, on January 10, 2006, a grand jury issued an indictment charging defendant with third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); third-degree possession with intent to distribute, N.J.S.A... More...
   $0 (08-16-2016 - NJ)

Salvatore Puglia v. Elk Pipeline, Inc.

New Jersey has a significant body of statutory and
decisional law protecting employee rights -- protections that
exist whether the employee is a union member or not. Among
those are wage and hour and whistleblower protections. Facts
that can give rise to a violation of those state-law protections
can often (for union workers) also give rise to a claim based on
a col... More...
   $0 (08-16-2016 - NJ)

STATE OF NEW JERSEY VS. JOSEPH G. GELLENE

The record discloses the following facts and procedural
history. The prosecutor called the victim, D.H., and several
other witnesses to testify in its case. Defendant did not
present any witnesses and he did not testify on his own behalf.
In 2006, defendant was a tennis instructor at the Murray
Hill Health and Racquet Club (MHHRC). He taught group tennis
classes f... More...
   $0 (07-27-2016 - NJ)

United States of America v. David Samson

Newark, NJ - Former New Jersey Attorney General And Chairman Of The Port Authority Board Of Commissioners Pleads Guilty To Bribery

Former New Jersey Transportation Commissioner Also Charged in Bribery Scheme

United Continental Holdings Inc. Agrees to Reforms, Will Pay $2.25 Million Penalty

David Samson, the former chairman of the Board of Commissioners of the Port Autho... More...
   $0 (07-15-2016 - NJ)

STATE OF NEW JERSEY VS. MARCUS A. BOONE

Police Officer Carmine Giannetta of the Elizabeth Police
Department was the only witness who testified at the suppression
hearing. Giannetta reported that, on January 11, 2012,
Detective Torres, also of the Elizabeth Police Department, was
stopped by a person on the street who reported that an African
American man in a puffy jacket was in possession of a handgun in
... More...
   $0 (07-15-2016 - NJ)

STATE OF NEW JERSEY VS. DORIAN SMITH

On September 25, 2014, Detective Peters of the East Orange
Police Department received reliable information from a
confidential informant (CI). The CI previously provided
reliable information to Peters that resulted in the arrests and
convictions of numerous narcotic violators. The CI informed
Peters that a black male named Dorian was selling marijuana out
of an apar... More...
   $0 (07-06-2016 - NJ)

I.M.O. the Application for the Forfeiture of Personal Weapons & Firearms Identification Card Belonging to F.M.

In 2010, respondent F.M.’s personal firearm and firearms
purchaser identification card (identification card) were seized
pursuant to the Prevention of Domestic Violence Act of 1991,
N.J.S.A. 2C:25-17 to -35 (Domestic Violence Act).2 Both items
1 The statute on possession and licensing of firearms, N.J.S.A. 2C:58-3, ref... More...
   $0 (07-06-2016 - NJ)

STATE OF NEW MEXICO v. ERIC MARQUEZ

In this case we again address whether shooting at or from a motor vehicle can
4 serve as a predicate for felony murder. We recognize that the collateral-felony rule
5 has generated confusion and hope to clarify its application in this opinion. Following
6 trial, the jury found Defendant Eric Marquez guilty of first-degree felony murder
7 contrary to NMSA 1978, Section 30-2-1(A)(2... More...
   $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY v. LIXANDRA HERNANDEZ and JOSE G. SANCHEZ

New Jersey provides a broad range of discovery to an
accused in a criminal case under Rule 3:13-3. This open-file
approach is intended to ensure fair and just trials. Here, the
issue is not whether defendants have a right to discovery of the
prosecutor’s file in their case, but whether they have a right
to discovery of the files in unrelated cases involving the same
... More...
   $0 (06-29-2016 - NJ)

STATE OF NEW JERSEY VS. J.C.

Defendant J.C. was convicted by a jury of first-degree
aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), two counts of
second-degree sexual assault, N.J.S.A. 2C:14-2(b), and three
counts of second-degree endangering the welfare of a child,
N.J.S.A. 2C:24-4(a). The charges stem from defendant's
admission, during a telephone call with his daughter, A.C., that
he had s... More...
   $0 (06-10-2016 - NJ)

 
 
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