Defendant was arrested in 1983 in the State of New York on
unrelated charges of first and second degree attempted murder.
Defendant was tried and convicted of first and second degree
attempted murder in New York and was sentenced to consecutive
terms on these charges of twenty-five years to life and twelve
and-one-half years to twenty-five years. In November 1983,
de... More...    $0 (11-29-2017 - NJ)

Pemberton Township contracted with the Pemberton First Aid
and Rescue Squad (Pemberton Rescue Squad) -- a private, non
profit organization -- to provide back-up emergency medical
services for the municipality. Defendant Brandon Morrison
served as a volunteer EMT on the Pemberton Rescue Squad and as
the Squad’s treasurer. Defendant was charged with official
misconduct... More...    $0 (12-17-2016 - NJ)

The issue in Olivo was “whether a landowner can be liable
for injuries allegedly caused from asbestos exposure experienced
by the wife of a worker who had performed welding and steam
fitting tasks that brought him into contact with asbestos on the
landowner’s premises.” Id. at 398-99. Based on the facts as
presented in Olivo’s summary judgment record and considerations <... More...    $0 (07-09-2016 - NJ)

Defendant Malcolm C. Hagans appeals from a May 2, 2014
judgment of conviction for second-degree unlawful possession of
a handgun, N.J.S.A. 2C:39-5(b). Defendant moved to suppress the
seized firearm. When his motion was denied, defendant entered a
guilty plea pursuant to a negotiated agreement. The judge
accepted the plea and, thereafter, sentenced defendant to a
fi... More...    $0 (06-30-2016 - NJ)

On December 14, 2010, a Monmouth County grand jury indicted
defendant for second-degree robbery, N.J.S.A. 2C:15-1 (count
one), and third-degree receiving stolen property, N.J.S.A.
2C:20-7(a) (count two). The charges stemmed from an incident in
July 2010, when defendant stole a vehicle from a gas station and
then robbed a local bank. Based on his criminal record,
def... More...    $0 (06-07-2016 - NJ)

The warrant was issued on April 30, 2012, based upon an
affidavit presented by Detective James Powers of the Monmouth
County Prosecutor's Office's Narcotics Strike Force. Powers
described a four-month narcotics investigation of a target known
as "Pete," and later identified as defendant. With the
assistance of a confidential informant and an undercover
officer, Powe... More...    $0 (05-24-2016 - NJ)

The Workers' Compensation system has been described as an historic "trade-off" whereby employees relinquish their right to pursue common-law remedies in exchange for prompt and automatic entitlement to benefits for work-related injuries. Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 174, 501 A.2d 505 (1985). That characterization is only broadly accurate. In fact, not every worker inj... More...    $0 (02-25-2002 - NJ)

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)

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)

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)

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)

This appeal concerns the Federal Bureau of Investigation’s (“FBIâ€�) response to appellant American Civil Liberties Union’s (“ACLUâ€�) request for information under the Freedom of Information Act (“FOIAâ€�), 5 U.S.C. § 552 (2009). The ACLU claims that the United States District Court for the District of New Jersey (“District Courtâ€�) erred in allowing the FBI to withhold 284 pages of... More...    $0 (10-29-2013 - NJ)

In 2009, Appellant Ryan Hart (“Appellantâ€� or “Hartâ€�)1 brought suit against Appellee Electronic Arts, Inc. (“Appelleeâ€� or “EAâ€�) 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)

Defendants South Jersey Transportation Authority (SJTA) and the New Jersey State Police (NJSP) (collectively referred to as "defendants") appeal from a judgment in plaintiff Janet Henebema's favor, entered after a jury trial, and an order denying their motion for a remittitur. Plaintiff cross-appeals from an order denying her request for pre-judgment interest pursuant to Rule 4:58-2(a)(2).1
More...    $0 (04-01-2013 - NJ)

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...    $0 (11-08-2012 - NJ)

Seeking contribution for costs expended in the investigation and remediation of contaminated groundwater that tainted private wells in Bound Brook, the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund (hereinafter collectively the DEP), filed this action under the Spill Compensation and Control Act (Spill Act or Act). Although the DE... More...    $0 (09-26-2012 - NJ)

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)

Mark Hagans appeals the cessation of his Social Security disability insurance benefits following a determination by the Social Security Administration (“SSAâ€�) that he was no longer disabled. Hagans argues the District Court erred by reviewing his disability status as of September 1, 2004 — the day on which, according to the SSA, Hagans’s disability ceased. This contention requires us to de... More...    $0 (09-17-2012 - nj)

In this inverse condemnation action involving a property in a redevelopment zone, plaintiff appeals from a judgment in favor of defendant following a bench trial.1 Judge Michael Winkelstein found plaintiff's failure to file a redevelopment application for its property precluded its inverse condemnation claims and purported comments by individual municipal officials that no building permits would b... More...    $0 (05-18-2012 - NJ)

A municipal governing body has the option of funding sanitary sewer services either from general municipal revenues obtained by real estate taxes or from fees imposed upon property owners who use the sewer system. If a governing body chooses to fund its sewer system through user fees, it must comply with the mandate of N.J.S.A. 40A:26A-10 that such "fees . . . shall be

. . . uniform and equ... More...    $0 (12-01-2011 - NJ)

Plaintiffs, J.M.S. and his former wife, S.S., are the paternal grandparents of J.W., born in 1999, and T.W., born in 2001; G.S. is J.M.S.'s current wife. Defendants, J.W. and E.W., are the adoptive parents and are cousins of the children's biological mother, J.M.1

This appeal requires us to consider plaintiffs' request for grandparent visitation where (1) plaintiffs were the children's temp... More...    $0 (06-20-2011 - NJ)

Plaintiff is a tenant in a multi-unit building in Hoboken that is owned by defendant Gina Marie, L.L.C. ("Gina Marie"). Plaintiff secured her apartment with the assistance of a Hoboken real estate broker and has resided there since October 1993. Her initial rent when she took up occupancy was $650 per month. There is no indication in the record that plaintiff received any increase in her rent unti... More...    $0 (06-07-2011 - NJ)

This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court’s decision in Bell v. Wolfish, 441 U.S. 520 (1979), and the many cases that followed it inform our analysis.

In Bell, the Supreme Court rejected a ... More...    $0 (09-21-2010 - NJ)

Plaintiffs Monica and Kevin Moore are the parents of Koral Moore, who has Down Syndrome. Due to Monica's age, her pregnancy was considered high risk. Her doctor, defendant Lisa Vernon, M.D., practicing with defendant Woman to Woman Obstetrics & Gynecology, L.L.C., referred Monica to defendants Carlos Fernandez, M.D., and Premier Perinatal, L.L.C. (Premier). Plaintiffs filed a complaint alleging me... More...    $0 (08-21-2010 - NJ)

This appeal requires us to decide a question left unresolved in our prior opinion in this case, Massachi v. AHL Services, Inc., 396 N.J. Super. 486, 508 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008). In particular, we now decide whether N.J.S.A. 52:17C-10, commonly known as the 9-1-1 immunity statute, provides immunity to employees of defendant City of Newark's (City) 9-1-1 emergen... More...    $0 (08-04-2010 - NJ)

The issue presented by this appeal is whether a trial court may order a planning board to grant an application for a land use approval even though the court determines that there is a substantial question concerning the validity of the part of the zoning ordinance under which that approval was sought. We conclude that if a trial court hearing an action challenging a planning board's decision ... More...    $0 (07-21-2010 - NJ)

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)

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv... More...    $0 (02-19-2010 - NJ)

This is an appeal by defendant DuPont Chambers Works from the denial of its post-trial motions after a jury awarded DuPont's former employee, plaintiff John Seddon, $724,000 as compensatory damages and $500,000 as punitive damages, based upon the jury's finding of a violation of plaintiff's rights under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. The entire amount of ... More...    $0 (02-24-2010 - NJ)

At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory ... More...    $0 (01-14-2010 - NJ)

Plaintiffs Carl and Della Darst, residents of, and owners of real property in, Blairstown Township, appeal the Law Division's validation of four discrete conditions imposed by the Township's Zoning Board of Adjustment ("the Board") when granting plaintiffs site plan approval for their property. For the reasons stated in this opinion, we affirm the trial court with respect to three of the c... More...    $0 (11-09-2009 - NJ)

This appeal, which comes before the Court as of right based on the opinion of the dissenting Appellate Division judge, requires the Court to interpret the provisions in the New Jersey Cemetery Act of 2003, N.J.S.A. 45:27-1 to -38, governing interment, N.J.S.A. 45:27-22, and disinterment, N.J.S.A. 45:27-23. Specifically, this dispute, between a decedent's surviving spouse and children about his fin... More...    $0 (09-18-2009 - NJ)

This case concerns insurance coverage for costs associated with bringing undamaged portions of a damaged structure up to current construction code standards. Defendant Greater New York Mutual Insurance Company (GNY) appeals from two trial court orders dated May 13, 2008 and May 28, 2008, granting summary judgment to its insured, plaintiff DEB Associates, and awarding damages. We affirm, ba... More...    $0 (06-01-2009 - NJ)

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)

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 (“NJSPCAâ€�) and its related county organizations, the Legislature decreed that the Depart... More...    $0 (07-30-2008 - NJ)

Petitioners are former employees of Johnson & Johnson. They allege that Johnson & Johnson discriminated against them on the basis of their race. Petitioners attempted to certify a class of plaintiffs that encompassed any African- American or Hispanic employee of Johnson & Johnson or any of its United States subsidiaries who was employed at any time during an approximately ten-year period. Th... More...    $0 (04-22-2008 - NJ)