Defendant appeals from his convictions of second-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); third-degree
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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 binding only on the parties in the case and its use in other ca... More...    $0 (03-31-2018 - NJ)

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...    $0 (01-14-2018 - NJ)

The matter concerns the fourth administrative review of the order on subject
merchandise,1 as determined by the International Trade Administration, U.S. Department of
Commerce (“Commerce”). After the review’s March 29, 2013 initiation, Commerce selected
Fushun and Fangda as mandatory respondents,
Concerning two of the issues brought here, Commerce preliminarily found that
Fu... More...    $0 (03-28-2016 - NJ)

In State v. Cain, __ N.J. __ (2016), we determined that in
drug-distribution cases, an expert’s opinion on the defendant’s
state of mind -- whether the defendant possessed drugs with the
intent to distribute -- encroaches on the exclusive domain of
the jury as trier of fact. After the jury is informed of “the
significance of drug packaging and weight, scales and cutting <... More...    $0 (03-16-2016 - NJ)

In State v. Odom, 116 N.J. 65, 80-81 (1989), we held that
an expert witness in a drug-distribution case could testify to
the ultimate issue of fact -- whether a defendant possessed
drugs with the intent to distribute. We cautioned, however,
that the expert’s testimony should not amount to a pronouncement
of guilt. Allowing an expert to offer an opinion on a
defenda... More...    $0 (03-16-2016 - NJ)

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
4
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)

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...    $0 (01-08-2014 - 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)

Dawn Guidotti contracted with several parties to help her negotiate a settlement of her consumer debt. When no settlement materialized, she filed this putative class action against them, claiming that she, and people like her, had been defrauded. The United States District Court for the District of New Jersey granted a motion to compel arbitration as to the claims against most of the defendants, b... More...    $0 (05-28-2013 - 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)

Mount Holly Township (the “Townshipâ€�) has proposed a redevelopment plan that would eliminate the existing homes in its Gardens neighborhood, occupied predominantly by low-income residents, and replace them with significantly more expensive housing units. Appellants, an association of Gardens residents organized under the name Mt. Holly Gardens Citizens in Action, and 23 current and former resi... More...    $0 (09-13-2011 - NJ)

This is an unusual case involving a nuisance claim based on "neutral-to-earth voltage" (NEV), also called "stray voltage" or "stray current," passing along the ground of a residential property. Plaintiffs, Gary and Eileen Smith, husband and wife, sued defendant, Jersey Central Power & Light Company, because high NEV levels from its electrical distribution system gave them shocks in their backyard.... More...    $0 (08-10-2011 - NJ)

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)

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)

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 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)

The City of Ashbury Park sued Vincent Alvino on an eminent domain theory seeking to acquire all rights, title and interest owned by him in property located on Ocean Avenue. Asbury Partners LLC, acting on behalf of Ashbury Park offered Defendant $230,000 for the property.

Defendant claimed the highest and best use of the property was for highrise residential condominiums and that the compar... More...    $0 (05-30-2009 - NJ)

We are called upon in this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part that:

If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such re... More...    $0 (04-09-2009 - NJ)

The City of Long Branch, New Jersey sued Frances DeLuca on an eminent domain theory seeking to acquire her home by condemnation for inclusion in the city's Beachfront North Phase II redevelopment zone project. Commissioners appointed by the Court awarded DeLuca $750,000. She claimed the property was worth $1.2 million.... More...    $650000 (03-20-2009 - NJ)

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 Transitâ€�), the lessor, and All Vision LLC (“All Visionâ€�), its managing agent. The suit was initiated by CBS Outd... More...    $0 (12-22-2008 - NJ)

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 Transitâ€�), the lessor, and All Vision LLC (“All Visionâ€�), its managing agent. The suit was initiated by CBS Outd... More...    $0 (12-23-2008 - NJ)

The Long Branch, New Jersey sued Bruce MacCloud on an eminent domain theory seeking to acquire by condemnation a Victorian style house owned by MacCloud to make way for a massive redevelopment project. The City paid MacCloud $140,000 for the property but he demanded $630,000. MacCloud objected to the taking claiming that it was an abuse of the power of eminent domain. ... More...    $220000 (09-27-2007 - NJ)

City of Long Branch sued the Estate of James "Jimmy" Liu on an eminent domain theory to condemn Defendant's 1 1/4 acre beach front property for public use. Liu, a well known business man owned and operated a number of businesses over the decades before his death in 2002. He claimed that his property had a fair market value of $2.5 to $2.8 million. The property located east of the bo... More...    $1450000 (03-11-2006 - NJ)

Piscataway Township sued Mark Halper, et al. on an eminent domain theory to acquire all rights, title and interested of the defendants in a 75-acre farm that they owned that was taken by the Township on September 3, 2004. Defendant landowners claimed that the farm had a fair market value of $23 million. The Township claimed that the fair market value was $13.6 million. The Townshi... More...    $18000000 (01-27-2006 - NJ)

By way of this action, plaintiff Joseph Marioni sought specific performance of his contract to purchase property from defendant Roxy Garment Delivery Co., Inc. (Roxy). We agree with his argument that the Chancery judge erred in granting summary judgment dismissing his equitable claims (1) because of questions of fact concerning the propriety of Roxy's attempt to set a time of the essence ... More...    $0 (02-11-2005 - NJ)

This appeal requires us to decide whether an ultimate outcome charge should be given in a civil trial where the plaintiffs were not negligent and the jury's task was to allocate causative fault among joint tortfeasors.See footnote 11 The trial judge instructed the jury that plaintiffs may recover the full amount of their damages from any defendant found to be sixty percent or more responsible f... More...    $1640000 (07-24-2003 - NJ)

In these consolidated condemnation cases, we are called on to determine whether a trial court may enter an order in an eminent domain proceeding that preserves a governmental condemnor's ability to bring a separate cost-recovery action against a condemnee for cleanup of contamination and if so, whether that order also may bar the condemnee from later raising the preclusionary defenses of res ... More...    $0 (07-14-2003 - NJ)

The primary issue presented by this appeal is whether a condemnor may consider the presence of environmental contamination in valuing the subject property or must value the property as if it were uncontaminated and bring a separate action for costs of cleanup under applicable environmental statutes. We conclude that environmental contamination is relevant to a valuation of property and therefor... More...    $0 (12-11-2002 - NJ)

In these consolidated appeals, plaintiff seeks to reverse the trial judge's grant of defendants'See footnote 11 motion for a new trial; and third-party defendant, Clarks Landing Marina, Inc. (Clarks Landing), seeks to reverse the judge's denial of its motion for judgment notwithstanding the verdict. We reverse the grant of a new trial and the denial of judgment notwithstanding the verdict (J.N.O... More...    $0 (02-13-2003 - NJ)

In this appeal we are called upon to consider whether the County Executive of Hudson County was required to seek the advice and consent of the Board of Chosen Freeholders of Hudson County ("Freeholders") prior to making appointments to the Board of Education of the Hudson County Schools of Technology ("Board of Education"). The trial court concluded that the County Executive was required to seek ... More...    $0 (02-03-2003 - NJ)

These consolidated appeals arise from a grant of summary judgment dismissing plaintiffs' products liability claims against defendant, Dunlap Mellor & Company. The claims arise from an accident that occurred when co-workers at an asphalt company used a fifty-five gallon drum that once contained methanol supplied by defendant as a workbench for cutting sheet metal with an acetylene torch. An explosi... More...    $0 (11-14-2002 - NJ)

In this appeal we must determine whether a municipality's proposed condemnation of private property constituted a valid exercise of its eminent domain power. Plaintiff Township of West Orange (Township or West Orange) sought condemnation of approximately one-half acre of property owned by defendant 769 Associates, L.L.C. (769 Associates or defendant) for use as a dedicated public street. Defendant... More...    $0 (06-24-2002 - NJ)

We consider this case on an expedited appeal from the United States District Court for the District of New Jersey. The parties to this appeal, Dam Things from Denmark, a/k/a Troll Company ApS (together "Dam Things"), and Russ Berrie and Company, Inc. ("Russ"), are purveyors of trolls -- short, pudgy, plastic dolls with big grins and wild hair. Dam Things, a Danish company, assert... More...    $0 (05-14-2002 - NJ)

Copyright Infringement Claim - Defendants Westside Story Newspaper, Wallace J. Allen and W.J. Allen Multimedia Productions, Inc., own and operate a weekly newspaper that is based in Southern California. Plaintiffs' trademark, "West Side Story", was incorporated into the title of the defendants' newspaper. Plaintiffs further alleged that defendants wrongfully registered www.westsidestory.com as... More...    $0 (08-22-2000 - NJ)

Trade regulation - Plaintiff claimed that defendant used a "bogus" Internet site and used "deceit and trickery" in the creating and maintenance of Internet domain sites named "jewsfor jesus.org" and "jews-for-jesus.com". Plaintiff claimed that Defendant deliberately diverted Internet users to the Internet site established by Defendant thereby causing irreparable harm to Plaintiff in violatio... More...    $0 (03-06-1998 - NJ)