Case law
Opinions from 1658 to today.
5,442 results
1.15s
116 N.J. Super. 580 · New Jersey Superior Court Appellate Division · Oct 29, 1971
of the original laudable purpose of juvenile courts, studies and critiques in recent years raise serious questions as to whether actual performance measures well enough against theoretical purpose to make tolerable the immunity … Ed. 2d 93, 98 (1963), the United States Supreme Court has said that the equal protection clause requires more of a state law than nondiseriminatory application within the class it establishes.
Cited 10 timesPublishedDcpp v. B.C., in the Matter of A.S.C.
New Jersey Superior Court Appellate Division · Mar 16, 2026
David Brandwein, who was "qualified as an expert in the field of parent-child bonding evaluations." … Clearly, DNA evidence of biological paternity would rebut the presumption of paternity of another.
Cited 0 timesUnpublishedGILLIAN L. SHARP VS. SEARS HOME APPLIANCE SHOWROOM, LLC (L-1077-16, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 21, 2018
[the HFR] cannot serve as the source of a consumer's 'clearly established legal right' or a 'responsibility of a seller' under N.J.S.A. 56:12-15." Id. at 519. … IN THE EVENT OF A RETURN OF ORIGINAL QUALIFYING MERCHANDISE, REWARD CARD[S] WILL BE DEDUCTED FROM ANY REFUND AMOUNT.
Cited 0 timesUnpublishedState of New Jersey v. Bashir Pearson
New Jersey Superior Court Appellate Division · Apr 29, 2025
It is well established that trial courts are afforded a considerable amount of discretion and deference in the realm of sentencing. … Nonetheless, the court concluded the aggravating factors clearly outweighed that mitigating factor.
Cited 0 timesUnpublished342 N.J. Super. 14 · New Jersey Superior Court Appellate Division · Jul 3, 2001
Mader, 113 Idaho 409 , 744 P.2d 137 (1987), the court determined that a prosecutor’s “qualifying questions regarding [a five year-old sexual assault victim’s] ability to discern the difference between truth and falsity,” … He argues that the probable trustworthiness of the statement, as required by N.J.R.E. 803(c)(27), was not established. We disagree.
Cited 23 timesPublishedCHEE LI VS. BMW OF NORTH AMERICA, LLC (L-3014-13, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 19, 2017
In order to qualify as a category two consumer, Feng is required to establish he was a "person to whom [the vehicle was] transferred during the duration of an implied or written warranty." Ibid. … To qualify as a category three consumer, Feng was required to establish he "is entitled by the terms of such warranty . . . or under applicable State law to enforce against the warrantor . . .
Cited 0 timesUnpublishedK.P. v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Jul 29, 2025
Anca Bereanu, petitioner's expert in neuropsychiatry and neurology, opined petitioner was "not qualified as a commercial driver" and "not able to perform his job as of 2019." Dr. … Petitioner's argument on appeal is that he satisfied his burden of proof and established that he is totally and permanently disabled.
Cited 0 timesUnpublishedTrantino v. NJ State Parole Bd.
331 N.J. Super. 577 · New Jersey Superior Court Appellate Division · Jun 9, 2000
[b]ecause of his unpredictability and his unwillingness to clearly examine potential problems in the future. … The Legislature adopted the Commission's recommendations, deleting the "new" qualifier on the kind of information needed at successive eligibility dates, and substituting the recommended standard for the former standard of
Cited 15 timesPublishedD.K. v. B.K. (FM-20-1243-18, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 7, 2022
We reject plaintiff's argument that he established a change of circumstances due to loss of his employment because of the COVID-19 pandemic. … If appointed, the PCs are required "to be qualified to serve either by consent of the parties or by the court in the same manner as other experts." Ibid.
Cited 0 timesUnpublished96 N.J. Super. 285 · New Jersey Superior Court Appellate Division · Jul 10, 1967
It would appear (and the court finds) that defendant The United States Life Insurance Company in the City of New York, a corporation of the State of New York, qualified and was authorized to engage in the business of life … insured and the three beneficiaries designated by him (all citizens and residents of Cuba at the time of the inception of the contract in 1943 and continuously thereafter until the death of the insured on December 14, 1960) clearly
Cited 4 timesPublishedFidelity Union Trust Co. v. Price
18 N.J. Super. 578 · New Jersey Superior Court Appellate Division · Mar 7, 1952
Bacot, supra , applies in the absence of provision in the trust instrument and is subject to and qualified by the rule that the intention of the testator, if ascertained, is the law of the trust. … Of the assets in the trust estate, 56 per cent are now in common stocks, although at the establishment of the trust it consisted entirely of common stocks.
Reversed on other grounds by Fidelity Union Trust Co. v. Price, 11 N.J. 90 (1952)Cited 9 timesPublishedJASON RODRIGUEZ VS. MARNI MUELLER (L-1507-13, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 15, 2019
Okin is not qualified to talk about the mechanism of injury . . . . … The net opinion rule can be considered a "restatement of the established rule that an expert's bare conclusions, unsupported by factual evidence, [are] inadmissible." Buckelew v.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. B.A. (13-08-2454, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 28, 2022
"[P]ursuant to Rule 3:20- 1, the trial judge shall not set aside a jury verdict unless 'it clearly and convincingly appears that there was a manifest denial of justice under the law.'" Armour, 446 N.J. … Carter, the Court established a three-pronged test for the grant of a new trial due to the discovery of new evidence: [T]o qualify as newly discovered evidence entitling a party to a new trial,
Cited 0 timesUnpublishedBRYAN BRANCACCIO VS. CITY OF HACKENSACK (L-8335-14, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 5, 2017
Because plaintiff was the assigned engine driver, and was clearly incapacitated that day, the deputy advised the Chief that 3 A-0802-16T3 plaintiff endangered … Our standard of review on appeal is well established.
Cited 0 timesUnpublishedAmerico Arzola v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Apr 9, 2024
Lakin was qualified as an expert in orthopedics and orthopedic surgery. … The ALJ first addressed whether petitioner had established the accident was an "undesigned and unexpected" traumatic event: As a senior correctional police officer, petitioner's duties included
Cited 0 timesUnpublishedState of New Jersey v. Rocco Maldonado
New Jersey Superior Court Appellate Division · Dec 27, 2023
The Supreme Court has stated: [T]o qualify as newly discovered evidence entitling a party to a new trial, the new evidence must be (1) material to the issue and not merely cumulative or … "The defendant has the burden to establish each prong is met." Ibid. (quoting State v. Smith, 29 N.J. 561, 573 (1959)). III.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 25, 2019
A-4823-17T1 14 Here, the circumstances established the trustworthiness of the records. … Thus, their improper admission constituted a manifest denial of justice and was 'clearly capable of producing an unjust result,' requiring reversal." Ibid. Here, though, because the judge relied on Dr.
Cited 0 timesUnpublishedSCOTT RICKABAUGH VS. ALAURA P. JONES (L-0950-14, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 11, 2019
And clearly he has no personal knowledge. [Court]: He has personal knowledge. … Friedenthal had been qualified as an expert, so N.J.R.E. 602's exception to the requirement of personal knowledge applied to the bases of his opinions.
Cited 0 timesUnpublishedLa Polla v. BD. OF CHOSEN FREEHOLDERS OF UNION CO.
71 N.J. Super. 264 · New Jersey Superior Court Appellate Division · Dec 13, 1961
The plaintiff definitely was qualified for the post to which he was appointed. At the conclusion of the trial, however, this court denied the plaintiff's claim that he was entitled to Civil Service protection. … The bylaw here in dispute clearly refers to approval as to form only. Furthermore, the board of freeholders has the right to ratify its action when not taken in strict accord with its own rules. Daniel Cory v.
Cited 8 timesPublished384 N.J. Super. 567 · New Jersey Superior Court Appellate Division · Jul 6, 2005
Clearly, the Legislature could have included similar limiting language to subsection d had its intention been to limit that cause of action to the spouses within their lifetimes. … During the proceedings, her husband died and left his entire estate to his children by a former marriage and she did not qualify for an elective share.
Cited 6 timesPublished
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