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New Jersey Loss of Consortium Law
 

STATE OF NEW JERSEY v. RICKY ROMAN

Defendant Ricky Roman was found guilty of murder and other
offenses, and sentenced to life in prison. He appeals from the
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cas... More...
   $0 (10-08-2016 - 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)

STATE OF NEW JERSEY VS. JEANETTE DIXON

Defendant was a forty-five-year old attorney and a divorced
mother of three with no prior record of juvenile adjudications
or criminal convictions when she was arrested and charged with
second-degree robbery and aggravated assault along with three
co-defendants. The State's theory of the underlying events
differed sharply from the version given by defendant when she
... More...
   $0 (09-07-2016 - NJ)

Roy Steinberg v. Sahara Sam’s Oasis, LLC

While a patron at defendant Sahara Sam’s Oasis Water Park,
plaintiff Roy Steinberg suffered a catastrophic spinal cord
injury while participating in a water ride that simulated riding
a surfboard. Plaintiff filed a lawsuit against Sahara Sam’s
Oasis, LLC, alleging that his injuries were caused by its gross
negligence and violations of statutory and regulatory provisions <... More...
   $0 (08-23-2016 - NJ)

Jamie Franzino and Gina Franzino v. Edward McCarty and McCarthy's Marine Sales

Toms River, NJ - Plaintiffs Awarded $9.5 Million In Damages For Injuries Sustain in Boating Accident

Jamie Franzino and Gina Franzino sued Ed McCarty and McCarthy's Marine Sales on a negligence theory and his company on a respondeat superior theory claiming that they were injured and/or damaged in a boating accident in the Manasquan Inlet that occurred in the Manasquan Inlet on May 22, 20... More...
   $0 (07-30-2016 - 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 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 VS. BINH THACH

Defendant Binh Thach appeals from the dismissal of his
petition for post-conviction relief (PCR) following an
evidentiary hearing. He contends his plea counsel was
constitutionally deficient by failing to discover readily
available medical records suggesting defendant suffered from a
serious mental condition at the time he committed his crimes and
by failing to secur... More...
   $0 (06-30-2016 - NJ)

STATE OF NEW JERSEY VS. NAJEE KELSEY

Tried by a jury, defendant Najee Kelsey was convicted of
first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one);
felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); and burglary,
N.J.S.A. 2C:18-2 (count three). On count one, the judge
sentenced defendant to sixty years in prison with an 85% parole
disqualifier pursuant to the No Early Release Act (NERA),
N.J.... More...
   $0 (06-13-2016 - NJ)

United States of America v. Tomasz Chmielarz and Devin James McArthur

Newark, NJ - Two Men Plead Guilty In Hacking, Spamming Scheme That Stole Personal Information From Millions Of Americans

Two men admitted their roles in a computer hacking and identity theft scheme that hijacked customer email accounts, stole personally identifiable information (PII) from millions of people, and generated more than $2 million in illegal profits.

Tomasz Chmielarz,... More...
   $0 (06-02-2016 - NJ)

United States of America v. Lee Vaccaro

Newark, NJ - Nevada Man Pleads Guilty To $5 Million Investment Fraud Scheme

A Nevada man admitted to defrauding investors out of more than $5 million.

Lee Vaccaro, 44, of Las Vegas, Nevada, pleaded guilty to a two-count information charging him with conspiracy to commit securities fraud and securities fraud.

According to documents filed in this case and statements made i... More...
   $0 (06-02-2016 - NJ)

STATE OF NEW JERSEY VS. MAXWELL AMPOFO

We derive the following facts from the record. On August
1, 2013, at approximately 10:17 p.m., New Jersey State Trooper
Brian Gambone was patrolling the New Jersey Turnpike when he
observed a vehicle traveling at an excessive speed. He reported
to dispatch that he was stopping a Caucasian female with long
hair, who was driving a dark-colored, four-door Acura, for
sp... More...
   $0 (05-28-2016 - NJ)

STATE OF NEW JERSEY VS. ODELL M. ROY

In the early morning hours of March 14, 2012, two officers
from the Winslow Township Police Department responded to a
report of domestic violence at a residence in Sicklerville. The
victim advised she and her husband had argued, that he put his
hands around her neck and pushed her on the bed. The police
found defendant in the second-floor bedroom. He was on the
pho... More...
   $0 (05-24-2016 - NJ)

State of New Jersey v. James R. Denelsbeck

In this appeal, we consider whether a defendant is entitled
to a jury trial when facing a third or subsequent driving while
intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This
Court previously answered that question in the negative, over
twenty-five years ago, in State v. Hamm, 121 N.J. 109, 130
(1990), cert. denied, 499 U.S. 947, 111 S. Ct. 1413, 113 L. Ed.
... More...
   $0 (05-14-2016 - NJ)

STATE OF NEW JERSEY v. DEMETRIUS C. COPE (a/k/a RAASHID HABSHIN, RASHEED

In this appeal, we must determine whether the trial court
properly denied defendant’s motion to suppress a rifle
discovered during a protective sweep of his apartment
immediately following his arrest in his living room. The court
rejected defendant’s claim that the limited search exceeded
constitutional limits. We must also determine whether the trial
court denied d... More...
   $0 (04-30-2016 - NJ)

GINAMARIE GOMES v. THE COUNTY OF MONMOUTH and CORRECT CARE SOLUTIONS, LLC

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)

STATE OF NEW JERSEY v. ANGELO L. VARGAS

Defendant Angelo L. Vargas appeals from the order of the
Law Division, Criminal Part upholding the prosecutor's denial of
defendant's application for Pretrial Intervention (PTI), a
diversionary program subject to review and approval by both the
vicinage's Criminal Division manager or his or her designee and
the county Prosecutor's Office. R. 3:28(f). After reviewing
... More...
   $0 (04-12-2016 - NJ)

STATE OF NEW JERSEY VS. LAWRENCE CLEAVER

Defendant appeals from his conviction of driving while
intoxicated ("DWI"), N.J.S.A. 39:4-50. He was found guilty of
that offense in a trial in the municipal court, a result which
was sustained on de novo review in the Law Division.
Defendant's essential claim on appeal is that the Law Division's
de novo review of his municipal conviction was unduly delayed
and tha... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY VS. DIVINE C. ALLAH

Defendant Divine C. Allah appeals from an April 12, 2013
judgment of conviction entered following a jury trial for third
degree possession of a controlled dangerous substance, N.J.S.A.
2C:35-10(a)(1), and challenges, as excessive, the imposed five
year imprisonment term, subject to a two-and-one-half-year
period of parole ineligibility. On appeal, among other things,
... More...
   $0 (04-04-2016 - NJ)

STATE OF NEW JERSEY v. BRIAN S. GUNDY

The State of New Jersey appeals from the Law Division's
order admitting defendant Brian S. Gundy into pretrial
intervention (PTI) over the prosecutor's objection. We affirm.
The facts surrounding defendant's arrest and his
application for PTI are generally not in dispute. They can be
summarized as follows.
A New Jersey State Trooper stopped defendant while he was More...
   $0 (04-01-2016 - NJ)

STATE OF NEW JERSEY v. SAMUEL RODRIGUEZ

Defendant Samuel Rodriguez appeals his conviction,
following a trial de novo, of driving while intoxicated (DWI),
N.J.S.A. 39:4-50, and refusal to submit to a chemical breath
test (refusal), N.J.S.A. 39:4-50.2. Having considered
defendant's arguments in light of the facts and applicable law,
we affirm substantially for the reasons set forth in the Law
Division judge'... More...
   $0 (04-01-2016 - NJ)

STATE OF NEW JERSEY v. MICHAEL THOMPSON and TIFFANY TUCKER

On September 26, 2013, Thompson and Tucker (collectively
"defendants") were arrested and served with complaint-summonses
charging them with one count each of computer theft, contrary to
N.J.S.A. 2C:20-25(a), and conspiracy to commit computer theft,
contrary to N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:20-25(a).
Defendants entered pleas of not guilty. On February 24, 2014, <... More...
   $0 (03-28-2016 - NJ)

STATE OF NEW JERSEY VS. JOHN V. LOMBARDO, JR.

On June 3, 2007, Theresa Kling and her fiancé Michael
Crowell were riding separate motorcycles at approximately 1:00
a.m. As their motorcycles approached the intersection of Routes
537 and 527 in Freehold, Crowell observed a truck coming from
the opposite direction. As Kling entered the intersection, the
truck made a left turn across the intersection without yielding. <... More...
   $0 (03-22-2016 - NJ)

STATE OF NEW JERSEY v. MICHAEL THOMPSON and TIFFANY TUCKER

On September 26, 2013, Thompson and Tucker (collectively
"defendants") were arrested and served with complaint-summonses
charging them with one count each of computer theft, contrary to
N.J.S.A. 2C:20-25(a), and conspiracy to commit computer theft,
contrary to N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:20-25(a).
Defendants entered pleas of not guilty. On February 24, 2014, <... More...
   $0 (03-18-2016 - NJ)

STATE OF NEW JERSEY v. RODNEY JENKINS

Following the denial of his suppression motion, defendant
Rodney Jenkins pled guilty to third-degree fraudulent use of a
credit card, N.J.S.A. 2C:21-6(h), and was sentenced to three
years in prison. His appeal from the conviction focuses on the
July 1, 2014 order denying his suppression motion. Defendant
presents the following point of argument:
I. THE MOTION TO SUP... More...
   $0 (03-07-2016 - NJ)

Kirk Lory v. Concord Equity Group Advisors, LLC

This action's relevant procedural history is not complex.
One month after Loury's nearly two-year employment as a Concord
executive ended, he filed a four-count complaint against
Concord. Three of the counts were dismissed for failure to
state a claim upon which relief could be granted. The surviving
count alleged Concord breached the parties' employment
agreement.... More...
   $0 (02-26-2016 - NJ)

STATE OF NEW JERSEY v. MATTHEW P. CONROY

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)

United States of America v. Andrew Auernheimer

The relevant facts are fairly simple and not in dispute. Apple, Inc. introduced the first iPad, a tablet computer, in 2010. Customers who purchased the version that had the capability to send and receive data over cellular networks (commonly referred to as “3G”) had to purchase a data contract from AT&T, Inc. (“AT&T”), which at the time was the exclusive provider of data services for this versio... More...   $0 (02-07-2016 - NJ)

United States of America v. Andrew Auernheimer

The relevant facts are fairly simple and not in dispute. Apple, Inc. introduced the first iPad, a tablet computer, in 2010. Customers who purchased the version that had the capability to send and receive data over cellular networks (commonly referred to as “3G”) had to purchase a data contract from AT&T, Inc. (“AT&T”), which at the time was the exclusive provider of data services for this versio... More...   $0 (02-03-2016 - NJ)

State Of New Jersey v. Robert Goodwin

A jury found defendant Robert Goodwin guilty of second
degree insurance fraud, N.J.S.A. 2C:21-4.6. In doing so, the
jury necessarily concluded that defendant knowingly made or
caused to be made false statements of material fact concerning
an insurance claim for damage to his girlfriend’s sport utility
vehicle (SUV). The heart of the State’s case was that defendant
fa... More...
   $0 (01-20-2016 - NJ)

State Of New Jersey v. Robert Goodwin

A jury found defendant Robert Goodwin guilty of second
degree insurance fraud, N.J.S.A. 2C:21-4.6. In doing so, the
jury necessarily concluded that defendant knowingly made or
caused to be made false statements of material fact concerning
an insurance claim for damage to his girlfriend’s sport utility
vehicle (SUV). The heart of the State’s case was that defendant
fa... More...
   $0 (01-19-2016 - 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)

Kakstys vs Stevens

This case presents a significant legal issue regarding the
effective date for the retroactive establishment of an initial
child support obligation in a divorce proceeding. Specifically,
the question is whether the court may retroactively set an
obligor’s child support obligation (a) only as of the filing date
of an actual child support motion (pendente lite or otherwise),... More...
   $0 (12-01-2015 - 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)

STATE OF NEW JERSEY VS. JEAN A. SENE

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)

Hanover 3201 Realty LLC v. Village Supermarkets

Hanover 3201 Realty, LLC (“Hanover Realty”) signed a contract with Wegmans to develop a supermarket on its property in Hanover, New Jersey. The agreement required Hanover Realty to secure all necessary governmental permits and approvals prior to breaking ground. Village Supermarkets, Inc. (“ShopRite”) owns the local ShopRite. Once ShopRite and its subsidiary Hanover and Horsehill Development L... More...   $0 (11-13-2015 - 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)

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 outdoors—made by a company called ProCom. At that point, Brand began developing the Thermablaster, a vent-free heater that purportedly improved on ProCom’s design.
Through some industry contacts, Brand was introduced to a Chinese com... More...
   $0 (09-13-2015 - NJ)

Citizens United Reciprocal Exchange v. Sabrina A. Perez

In this appeal we consider whether the issuer of a basic
automobile insurance policy, voided due to a fraudulent
application, must pay the liability claims of innocent third
parties. The insurer takes the position that it should not be
required to pay any claims to injured third parties because
N.J.S.A. 39:6A-3.1 does not mandate a minimum amount of
liability coverag... More...
   $0 (08-13-2015 - NJ)

Hon. Dana L. Redd v. Vance Bowman

This appeal arises from a challenge by initiative to the
City of Camden’s decision to disband its municipal police
department and to contract with Camden County for the delivery
of police services to the City of Camden by a countywide police
department. The City of Camden’s transition from municipal to
county police services followed more than a decade of State
overs... More...
   $0 (08-11-2015 - NJ)

 
 
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