Case law

Opinions from 1658 to today.

5,442 results

0.72s

  • 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
  • Garden State Outdoor, LLC v. City of Somers Point

    New Jersey Superior Court Appellate Division · Feb 25, 2026

    The Board accepted Sciullo as a qualified expert for the hearing. … The Board's resolution clearly states its conclusion that Garden State failed to establish the positive and negative criteria. The Board's decision is adequately supported by the factual record.

    Cited 0 timesUnpublished
  • Dcpp v. T.T., in the Matter of the Guardianship of mi.L.F.

    New Jersey Superior Court Appellate Division · May 12, 2025

    The judge determined the record clearly established Teresa and Kyle were "unable, at this time, to eliminate the harm now or in a foreseeable future." … In the matter under review, the Division clearly investigated KLG alternative options, but the record demonstrates no family members were interested or qualified.

    Cited 0 timesUnpublished
  • DCPP VS. K.I.B. AND E.W., IN THE MATTER OF THE GUARDIANSHIP OF A.Q.B. AND A.A.I.B. (FG-07-0016-19, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Mar 1, 2021

    Mark Singer, who was qualified as an expert in psychology. The Law Guardian presented Dr. Elizabeth Smith, who was qualified as an expert in psychology and bonding. … Super. at 371 (stressing the need for "well[-]qualified expert" testimony concerning bonding evaluations (quoting J.C., 129 N.J. at 19)); L.J.D., 428 N.J.

    Cited 0 timesUnpublished
  • State v. Scherzer

    301 N.J. Super. 363 · New Jersey Superior Court Appellate Division · May 20, 1997

    The bat and broom allowed the jury to understand the testimony more clearly. … He said the prosecutor’s argument was that defendants stated in their openings that they were going to establish facts which they failed to establish at trial.

    Cited 155 timesPublished
  • State of New Jersey v. Quashawn Jones

    New Jersey Superior Court Appellate Division · Feb 25, 2025

    As to the merits, the judge also found that defendant failed to establish a prima facie claim of IAC. … The record clearly shows that the judge did not impose a lengthy sentence as punishment for defendant's rejection of the plea offer and decision to proceed to trial.

    Cited 0 timesUnpublished
  • BETH LASCH VS. STUART KOPERWEIS (L-3917-16, MONMOUTH COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · May 31, 2019

    Lastly, plaintiff has not established that defendants made use of her proposal. See ibid. … However, plaintiff cannot establish any of the other elements of tortious interference.

    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
  • Dcpp v. H.B. and T.D.F., Sr., in the Matter of the Guardianship of P.X.F.

    New Jersey Superior Court Appellate Division · Apr 2, 2025

    Although DCPP discussed kinship legal guardianship (KLG) with the grandparents on at least four occasions, they were not interested in KLG and clearly stated their … Loving, a licensed clinical and forensic psychologist, was qualified as an expert.

    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
  • Horizon Health Ctr. v. Felicissimo

    263 N.J. Super. 200 · New Jersey Superior Court Appellate Division · Mar 24, 1993

    However, that does not mean that all speech is immune from time, place and manner regulation. … The right to terminate a pregnancy in its early stages, established in Roe v.

    Cited 7 timesPublished
  • State of New Jersey v. Jomo K. Lylesbelton

    New Jersey Superior Court Appellate Division · Apr 14, 2025

    The court determined Gonzalez was qualified and allowed him to testify in this area of expertise. … The court clearly and succinctly told the jury it was striking DiValerio's testimony relative to the counting of the bags.

    Cited 0 timesUnpublished
  • State v. Espino

    264 N.J. Super. 62 · New Jersey Superior Court Appellate Division · Apr 23, 1993

    The Supreme Court held that resentencing defendant to a custodial term for the offenses affirmed on appeal would not violate the Double Jeopardy Clause, noting that "the decisions of this Court `clearly establish that a sentenc … Defendant was sentenced for eight different offenses, which qualifies as "numerous." The attempted escape and aggravated assault also involved different victims.

    Cited 17 timesPublished
  • STATE OF NEW JERSEY VS. AAKASH A. DALAL STATE OF NEW JERSEY VS. ANTHONY M. GRAZIANO (13-03-0374, BERGEN COUNTY AND STATEWIDE) (CONSOLIDATED)

    New Jersey Superior Court Appellate Division · Apr 15, 2021

    Accordingly, a facial due process challenge is particularly difficult to present and establish. Salerno, 481 U.S. at 745. … Defendant has not established any of the prongs of the three-part test.

    Cited 0 timesPublished
  • State of New Jersey v. Ferreie Johnson

    New Jersey Superior Court Appellate Division · Jan 23, 2026

    Although defendant did not object, the plain error standard applies because it was "clearly capable of producing an unjust result." R. 2:10-2. Sgt. … Martinez's testimony was clearly capable of producing an unjust result and thus constitutes plain error.

    Cited 0 timesUnpublished
  • DCPP VS. S.K. AND C.K., IN THE MATTER OF JE.K. AND JA.K. (FN-04-0619-15, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    456 N.J. Super. 245 · New Jersey Superior Court Appellate Division · Aug 31, 2018

    Turley, 414 U.S. 70, 75 (1973), the defendants public contractors were summoned to testify before a grand jury and sign waivers of immunity. … We conclude defendant established both prongs of the Strickland-Fritz standard.

    Cited 36 timesPublished
  • Christine Ivaliotis v. Covered Bridge Capital, LLC

    New Jersey Superior Court Appellate Division · Oct 11, 2024

    warranty, notice, or sign; (3) containing a provision that violates a consumer's clearly established legal right; and (4) plaintiff is an aggrieved consumer. … Without an ascertainable loss under the CFA, alleged violations of the CFA cannot form the basis of a violation of a "clearly established legal right" under the TCCWNA. Id. at 551.

    Cited 0 timesUnpublished
  • JOSEPH GARGUILO VS. TRI-STATE CLASSIC CAR RESTORATION (DC-008812-16, MONMOUTH COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Dec 11, 2018

    Phillips testified he had been qualified as an expert in the field of classic cars on several prior occasions. The trial judge qualified Phillips as an expert in the field of classic cars. … "[A]ppellate courts are empowered, even in the absence of an objection, to acknowledge and address trial error if it is 'of such a nature as to have been clearly capable of producing an unjust result[.]'"

    Cited 0 timesUnpublished
  • Jason Wright v. Fenix Towing LLC

    New Jersey Superior Court Appellate Division · Nov 19, 2025

    The court also dismissed plaintiff's CFA claim.1 The court found plaintiff's testimony insufficient to establish consumer fraud, because he did not produce any written documentation from Fenix. … Specifically, the judge should determine whether defendants' conduct qualified as an unlawful practice resulting in an ascertainable loss, and address the causal relationship between the unlawful conduct and the ascertainable

    Cited 0 timesUnpublished
  • APRILE GREENIDGE VS. HUSSEIN M. MAREY (L-4883-17, BERGEN COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Nov 16, 2020

    An abuse of discretion "arises when a decision is 'made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.'" Flagg v. Essex Cnty. … Rather, the trial court must state clearly its factual findings and correlate them with the relevant legal conclusions. [Curtis v.

    Cited 0 timesUnpublished

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