Case law

Opinions from 1658 to today.

5,442 results

0.39s

  • Adam M. Finkel, Catherine M. Kavanaugh and James J. Wulf v. Township Committee of the Township of Hopewell and Paula Sollami-Covello, in Her Capacity as Clerk of the County of Mercer

    New Jersey Superior Court Appellate Division · Dec 30, 2013

    In undertaking the statutory analysis, several well- established principles guide us. … In fact, under the current statutory timetable, the 67-day deadline for a citizens' petition under N.J.S.A. 19:37-1.1 clearly precedes the 65-day deadline for submission

    Cited 0 timesPublished
  • STATE OF NEW JERSEY VS. JEREMIAH E. MONELL (17-03-0270, CUMBERLAND COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Nov 15, 2021

    AT A FRYE HEARING; (2) CRAIN DID NOT FOLLOW ESTABLISHED QUALITY CONTROL PROTOCOLS FOR FRICTION RIDGE ANALYSIS; AND (3) CRAIN'S CONCLUSIONS WERE NOT QUALIFIED OR LIMITED IN … ACCORDANCE WITH ESTABLISHED STANDARDS.

    Cited 0 timesUnpublished
  • SAMY BOUTROS, ETC. VS. CHRISTOPHER S. COOK (L-1913-16, HUDSON COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Aug 23, 2021

    Plaintiff contends these rulings prevented him from establishing a prima facie negligence case against Smith- Sondy and Straight Edge. … The absence of striping created a "clearly recognizable known dangerous condition to exist."

    Cited 0 timesUnpublished
  • State v. Arias

    283 N.J. Super. 269 · New Jersey Superior Court Appellate Division · Jun 16, 1992

    The facts here clearly show that defendant has no reasonable expectation of privacy in effects left in a home that he commandeered at gunpoint. … Sugar (II), 100 N.J. 214 , 495 A. 2d 90 (1984). [12] There, the Supreme Court established standards the state must meet in order to qualify for the exception.

    Cited 9 timesPublished
  • State of New Jersey v. Anthony L. Gibson

    New Jersey Superior Court Appellate Division · Dec 19, 2025

    Here, defendant was charged in count two under N.J.S.A. 2C:30-2(a), which concerns the commission of a qualifying unauthorized act. … D.A., 191 N.J. 158, 163 (2007), the evidence therefore sufficed to establish defendant's guilt of theft.

    Cited 0 timesUnpublished
  • Dcpp v. I.F., K.L., W.A., and L.S.-p., in the Matter of G.L. and A.A.

    New Jersey Superior Court Appellate Division · Oct 24, 2024

    Lanese was qualified as an expert in child abuse and neglect. She testified concerning her interview and examination of Gina and Aimee. … Lanese, a qualified expert, opined that Gina had been sexually abused.

    Cited 0 timesUnpublished
  • Yvonne J. Terrell v. Penafranc A. Chitra

    New Jersey Superior Court Appellate Division · Jan 16, 2026

    Markbreiter was not qualified to offer an opinion regarding future medical expenses. … The right to subrogate against an insurance provider is established in N.J.A.C. 11:3-4.9(a).

    Cited 0 timesUnpublished
  • Thurber v. City of Burlington

    387 N.J. Super. 279 · New Jersey Superior Court Appellate Division · Aug 3, 2006

    Although not clearly disclosed by the record, we assume that the driving while intoxicated, resisting arrest and criminal mischief charges were then dismissed. … Thereafter, based upon the facts which have been established at a hearing, I will renew my order to show cause.

    Cited 6 timesPublished
  • STATE OF NEW JERSEY VS. FRANCISCO MONTEROTORIVO (14-07-2351, ATLANTIC COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jul 18, 2018

    Indeed, his opinion was based on inadmissible hearsay information clearly obtained from others. … Conover's testimony constituted inadmissible expert testimony because he was not qualified as an expert witness at trial. See State v.

    Cited 0 timesUnpublished
  • Mario Quesada v. Compassion First Pet Hospitals

    New Jersey Superior Court Appellate Division · Mar 12, 2026

    N.J.R.E. 702 provides that "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge … The court barred the second photograph, reasoning, "I don't find that that establishes what you're saying it establishes."

    Cited 0 timesUnpublished
  • State of New Jersey v. Mark Lowery

    New Jersey Superior Court Appellate Division · Jul 21, 2025

    Because out-of-state convictions of DWI laws that are "substantially similar" qualify as prior convictions for purposes of sentencing enhancement, 5 the directive reads in part: In the case of an out-of-state … Since N.J.S.A. 39:4-50(a)(3) clearly requires that a "third or subsequent violation" compels a defendant to be "sentenced to imprisonment for a term of

    Cited 0 timesUnpublished
  • Dixon v. Jacobsen Mfg. Co.

    270 N.J. Super. 569 · New Jersey Superior Court Appellate Division · Feb 2, 1994

    In a failure-to-warn case, however, a manufacturer enjoys no such immunity, and has a continuing duty to warn of dangers discovered even after a product leaves its control: [T]here is a different duty to warn of a danger … Unlike N.J.S.A. 2A:58C-3a(1) applicable to design defects, N.J.S.A. 2A:58C-4, applicable to warning defects, establishes no state-of-the-art defense limiting a manufacturer's liability to what it knew or should have known

    Cited 15 timesPublished
  • JOY SPRIGGS v. CITY OF PLAINFIELD (L-2710-17, UNION COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jan 3, 2022

    He further explained that as mayor, he had "the sole prerogative under the charter to choose people that [he] believe[d] were best qualified to work with [him] and to help [him] . . . carry the city forward, and [plaintiff … a protected class; she was qualified to perform the work and had worked in the position of CMPD for fifteen years; she was not reappointed to the position

    Cited 0 timesUnpublished
  • Division of Youth and Family Services v. MYJP

    360 N.J. Super. 426 · New Jersey Superior Court Appellate Division · May 27, 2003

    Given this State's well-established commitment to protecting the welfare of children resident here, we now hold not only that S.J.A.' … s interests in this matter clearly qualify for due process protection.

    Cited 41 timesPublished
  • Vassiliu v. Daimler Chrysler Corp.

    356 N.J. Super. 447 · New Jersey Superior Court Appellate Division · Nov 6, 2002

    The heart of Judge Cook's reasoning was the conclusion, based upon our existing case law, that New Jersey's wrongful death act, N.J.S.A. 2A:31-1 to -6, and survival act, N.J.S.A. 2A:15-3, establish "two separate and distinct … In this respect, plaintiff asserts that her expert would not have been able to offer a viable "crashworthiness" opinion and clearly it was far too long past the discovery period for the carriers to obtain their own expert

    Reversed in part, on other grounds by Vassiliu v. Daimler Chrysler Corp., 178 N.J. 286 (2004)Cited 6 timesPublished
  • US PIPE, ETC. v. United Steelworkers of Am.

    59 N.J. Super. 240 · New Jersey Superior Court Appellate Division · Jan 18, 1960

    The position taken is clearly unwarranted. … The pre-strike negotiations clearly appear to have been bona fide on both sides.

    Cited 11 timesPublished
  • STATE OF NEW JERSEY VS. KESHAWN TUCKER (17-03-0700, ESSEX COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Mar 16, 2021

    It was clearly that it was drug transactions that was occurring [on the video]." … Defendant has the burden of showing that this evidential error was "clearly capable of producing an unjust result." R. 2:10-2.

    Cited 0 timesUnpublished
  • DCPP v. S.A. AND M.A., IN THE MATTER OF THE GUARDIANSHIP OF M.M.A. (FG-12-0044-21, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Oct 27, 2022

    The court concluded that DCPP had established each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. … "Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate court intervene and make its own findings to ensure that there is not a denial of justice." N.J.

    Cited 0 timesUnpublished
  • Lars M. Brown v. Elizabeth K. Byham

    New Jersey Superior Court Appellate Division · Jul 30, 2025

    Div. 1993). 5 Qualified Domestic Relations Order. … Instead, she needs to produce evidence establishing that the children's maturation requires an increase in plaintiff's child support obligation.

    Cited 0 timesUnpublished
  • In the Matter of the Civil Commitment of T.T., Svp-117-00

    New Jersey Superior Court Appellate Division · Apr 24, 2025

    Both experts were qualified in the subspecialty of risk assessment for SVPs. Each expert prepared a written report that the judge admitted into evidence. T.T. testified on his own behalf. … "The appropriate inquiry is to canvass the significant amount of expert testimony in the record and determine whether the lower court['s] findings were clearly erroneous." D.C., 146 N.J. at 58-59.

    Cited 0 timesUnpublished

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