Sometimes, the only plausible explanation for a lab’s stream of payments to a doctor is cash for blood. Over seven years, Dr. Bernard Greenspan referred more than 100,000 blood tests to Biodiagnostic Laboratory Services. The Lab made more than $3 million off these tests. In exchange, the Lab gave Greenspan and his associates more than $200,000 in cash, gifts, and other benefits.
3
A jury c... More...    $0 (05-01-2019 - NJ)

After a judge denied his motion to suppress evidence seized during a warrantless search (Indictment No. 15-03-0237), and his pretrial motions, including an application for a Franks1 hearing, on a second set of charges (Indictment No. 15-06-0448), defendant Eman Hassenbey entered into a plea agreement with the State. In exchange for his guilty pleas to one count of the first indictment, thir... More...    $0 (07-05-2018 - NJ)

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)

The following facts were elicited during defendant's seven
day jury trial. On October 1, 2012, at around 11:28 p.m., two
women, Bronique McLeod and S.B., and two men, P.S. and R.P.,
were going to a club in Irvington.1 S.B. was driving a minivan
with McLeod in the front passenger seat, P.S. sitting behind
S.B., and R.P. sitting behind McLeod.
While stopped at a red ... More...    $0 (09-21-2016 - NJ)

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)

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)

Defendant Mohammad Azmat appeals from a July 30, 2014 Law
Division order, following de novo review of his municipal court
conviction for failure to maintain trees in violation of
Franklin Township, Maintenance of Trees and Shrubs Ordinance §
222.17 (Ordinance § 222.17). After careful review of the record
June 13, 2016
A-0296-14T3 2
in light of the issues raised,... More...    $0 (06-13-2016 - NJ)

This appeal raises questions about the competency of a
child witness and the process that a trial court should apply to
address that issue. Under the New Jersey Rules of Evidence, a
witness is considered competent to testify unless the court
makes a finding that he or she lacks the capacity to express his
v or her testimony so as to be understood, or is incapable of
... More...    $0 (06-10-2016 - NJ)

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)

This matter arises out of Defendant’s business practices, which consist largely of selling a
variety of consumer products. Of the approximately $40 million in revenue that Defendant
claims to have generated since July of 2013, it estimates that 40-45% of that revenue, or $16-$18
million, is attributable to Defendant’s sales of Samsung television sets. Plaintiff filed the instant More...    $0 (03-27-2016 - NJ)

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)

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)

Plaintiffs appeal the dismissal of their civil-rights suit
against the City of New York (the “City”). They claim to be
targets of a wide-ranging surveillance program that the New
York City Police Department (the “NYPD”) began in the
wake of the September 11, 2001 terrorist attacks (the
“Program”). Plaintiffs allege that the Program is based on the
false and stigmatizing pre... More...    $0 (10-13-2015 - NJ)

This case concerns Appellant Peter Brownstein’s claim under the Copyright Act seeking a declaratory judgment of joint authorship of an ethnic identification system that he created with Appellee Tina Lindsay, the Lindsay Cultural Identification Determinate (“LCIDâ€�). Lindsay purports to have conveyed the copyrights to the LCID to Appellee Ethnic Technologies (“E-Techâ€�). The contested work ... More...    $0 (01-29-2014 - NJ)

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,

3

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)

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss... More...    $0 (09-13-2011 - NJ)

This is an appeal from the approval of the settlement of a class action lawsuit stemming from the largest pet food recall to date. The class action was brought on behalf of consumers in the United States and Canada who purchased, used or obtained, or whose pets consumed, wet pet food that was allegedly contaminated with melamine and cyanuric acid. Plaintiffs alleged violations of state consumer pr... More...    $0 (12-16-2010 - NJ)

This appeal presents significant issues regarding the interpretation of the Accountant Liability Act, N.J.S.A. 2A:53A- 25, which delineates the circumstances under which an accountant may be held liable for accounting malpractice to a party other than the accountant's client. The appeal also presents significant issues regarding the elements of a cause of action for accounting malpractice and the ... More...    $0 (08-27-2010 - NJ)

In a second attempt to obstruct the publication of a book

that is critical of his conduct, plaintiff John C. Berkery

appeals from the summary dismissal of his action against

defendants - author Allen M. Hornblum, and distributors Barnes &

Noble, Inc., Amazon.Com, Inc., Barricade Books, Inc. (NY),

Barricade Books, Inc. (NJ), National Book Network, Inc., Rowman
... More...    $0 (02-19-2010 - NJ)

Plaintiff Yaakov Abdelhak appeals from a Law Division order that dismissed his defamation complaint against defendants, The Jewish Press, Inc., Oleg Rivkin, Richard Scharlat and Gabrielle Tito, for lack of subject matter jurisdiction, pursuant to Rule 4:6-2(a). The judge concluded that plaintiff's claims could not be resolved without excessive entanglement by the court and jury in issues of religi... More...    $0 (12-31-2009 - NJ)

In this case we decide whether the verbal threshold, N.J.S.A. 59:9-2(d), of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, which essentially requires an objective permanent injury to recover damages, applies to a willful misconduct claim against a public employee. Additionally, we decide whether the trial court’s failure to charge the jury that the Act’s good faith defense, N.J... More...    $0 (08-05-2008 - NJ)

The issue on this appeal is the enforceability of a restrictive covenant in an employment contract for professional services by a licensed psychologist. Plaintiff Comprehensive Psychology Systems, P.C., a corporation which provides professional neuropsychological service to individuals under the trade name LifeSpan, appeals from an order of the Chancery Division which denied its application... More...    $0 (02-11-2005 - NJ)

The issue presented by this appeal is whether a contractor's duty of care for the safety of persons who come on a construction site is governed by the common law doctrine of premises liability, under which the tort liability of a possessor of land is determined by the injured person's classification as a business invitee, licensee or trespasser, or by general negligence principles, under which ... More...    $0 (10-27-2004 - NJ)

In this appeal, we are asked to determine whether a general employer may be held vicariously liable under the doctrine of respondeat superior for injuries caused by the alleged negligence of a borrowed, or "special" employee, engaged in the business of a special employer. Nearly a decade ago in a case similar to this one, Volb v. G.E. Capital Corp., 139 N.J. 110 (1995), we observed that two tes... More...    $0 (05-11-2004 - NJ)

Plaintiff, Karol Maw, filed this action under the Conscientious Employment Protection Act, N.J.S.A. 34:19-1 to –8 (CEPA), after she was terminated for refusing to execute an employment agreement containing a do-not-compete provision. She claimed that her employer committed impermissible retaliatory action when it terminated her employment because she refused to sign an employment agreement that... More...    $0 (05-11-2004 - NJ)

This appeal implicates the doctrine of parental immunity articulated in Foldi v. Jeffries, 93 N.J. 533 (1983). The trial court and Appellate Division each concluded that, on the narrow facts presented, the parents in this case are immune from suit. We agree and affirm. We emphasize, however, that the doctrine's scope is limited. It applies only when the underlying conduct involves an exercise o... More...    $0 (04-01-2004 - NJ)

This appeal, which is before us as of right based on a dissent in the Appellate Division, Rule 2:2-1(a)(2), involves the meaning of the term "aggravated circumstances" in N.J.S.A. 30:4C-11.3(a), the existence of which excuses the Division of Youth and Family Services ("DYFS") from providing statutorily required reasonable efforts at family reunification. Also implicated is the question of what... More...    $0 (03-24-2004 - NJ)

Because of the scientific uncertainties inherent in pinpointing the onset and course of progressive environmental injury, traditional liability insurance contract language did not resolve the question of when an "occurrence" takes place in that context. In Owens-Illinois, Inc. v. United Insurance Co., 138 N.J. 437 (1994), we adopted the continuous-trigger theory, which posits that such injury o... More...    $0 (03-24-2004 - NJ)

Criminal Law - A Somerset County Grand Jury returned an indictment charging defendant Jeffery Negran with third-degree eluding. He applied for and was denied admission to pretrial intervention (PTI) by the Somerset County Prosecutor. The issue in this appeal is whether the prosecutor committed an abuse of discretion by basing his denial on defendant's past driving history. It is clear a past mo... More...    $0 (11-25-2003 - NJ)

This case arises from the tragic death of Andrew Aversano, a nineteen-year-old young man who fell backwards off a 300-foot cliff in the Palisades Interstate Park. He had been sunbathing with his brother and two friends when he got up, lost his balance, and fell. When alerted to the accident, Palisade Interstate Parkway ("Parkway") Police officers did not call the local rescue squad because they... More...    $0 (10-06-2003 - NJ)

Plaintiff Borough of Haledon appeals from summary judgment orders entered in favor of the Boroughs of North Haledon and Hawthorne, and certain developers, the intervenors K. Hovnanian North Central Acquisitions, LLC (Hovnanian), and Summit Point Developers, LLC (Summit), requesting enforcement of claimed exclusive water supply rights with North Haledon for three development projects and allegin... More...    $0 (03-17-2003 - NJ)

In this wrongful birth case, plaintiffs Milda Geler and Edward Faynin, the parents of a child who was born with Tay-Sachs disease and died just before the age of two, claimed malpractice on the part of obstetricians Richard Akawie and Michael Weingarten as the result of their alleged failure provide genetic counseling regarding the disease, to inform them of the availability of tests to det... More...    $0 (03-03-2003 - NJ)

We consider in this appeal whether a former dating partner, after a three-year hiatus from the end of the dating relationship, is a protected person under the Prevention of Domestic Violence Act, More...    $0 (01-14-2003 - NJ)