Case law
Opinions from 1658 to today.
5,442 results
0.71s
WAYNE COLE VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD)
New Jersey Superior Court Appellate Division · May 9, 2017
a future parole eligibility date which differs from that required by the provisions of (a) or (b) and (c) . . . if the future parole eligibility date which would be established pursuant to such subsections is clearly inappropriate … [y]ou have a prolonged and distinct history of violence which cannot be merely qualified and excused.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 15, 2021
To satisfy its burden of proving R.H. was a danger to self, the County was required to clearly and convincingly establish that "by reason of" R.H.' … Super. at 119 (explaining an order continuing a civil commitment must clearly and convincingly establish that the danger the patient poses constitutes "a substantial risk of dangerous conduct within the reasonably foreseeable
Cited 0 timesUnpublishedDcpp v. M.P. and D.S., in the Matter of the Guardianship of L.J.P.
New Jersey Superior Court Appellate Division · Apr 19, 2024
The record clearly establishes that the judge's decision did not solely rely on David's incarceration, and, in fact, the judge found David's behavior when he was at liberty equally significant. … The Division clearly investigated KLG alternative options, but the record demonstrates no family members were interested or qualified. It is also undisputed that Ida is in the care of the resource parents.
Cited 0 timesUnpublishedIN THE MATTER OF E.P. (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES)
New Jersey Superior Court Appellate Division · Nov 19, 2019
PER CURIAM It is well established that State agencies must "turn square corners" with members of the regulated public. W.V. Pangborne & Co. v. N.J. Dep't of Transp., 116 N.J. 543, 561-62 (1989). … To qualify for payment from DMAHS for PCA services, the client's need for services is periodically certified in writing by a qualified healthcare professional as medically necessary. N.J.A.C. 10:60-3.4(a).
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. J.S.C. (15-03-0792, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Feb 27, 2019
We consider whether the error was "of such a nature as to have been clearly capable of producing an unjust result." Ibid. (quoting R. 2:10-2). … Thus, the evidence was not elicited to establish that other crimes or wrongs even occurred.
Cited 0 timesUnpublishedDcpp v. N.F., in the Matter of the Guardianship of L.J.F.-w.
New Jersey Superior Court Appellate Division · Sep 17, 2025
At the November 8, 2024 trial, Lee, who was qualified as an expert in psychology, and Barbara Williams, a Division caseworker, testified for the Division. … -W.]" and "very clearly and explicitly indicated . . .
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. PAUL WOZNICA(12-02-0355 AND 12-03-0474, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 28, 2017
Second, "a defendant must also establish that the ineffectiveness of his attorney prejudiced his defense." Ibid. … Since defendant had no reasonable probability of qualifying for such relief, this claim lacks merit.
Cited 0 timesUnpublishedROMEL SILAND VS. RAPHAEL A. CRANDON (C-000025-20, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 19, 2021
We see nothing in the record establishing that defendant declared plaintiff in default as per the contract terms. … The HUD-1 statement relied upon by the court contained no proof that the third-party purchaser qualified as a bona fide purchaser.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. DAVID CONNOLLY (17-11-0976, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 24, 2021
R.B., 183 N.J. 308, 321-22 (2005) ("A claim of deficiency in a jury charge to which no objection is interposed 'will not be considered unless it qualifies as plain error . . . .'" (quoting State v. … The court should have clearly indicated which of the other crimes from defendant's extensive criminal record satisfied the state's requirements.
Cited 0 timesUnpublishedState of New Jersey v. French G. Lee
New Jersey Superior Court Appellate Division · Apr 4, 2025
In addition, a methodology is more reliable if it is governed by well-established standards for operation. Ibid. … Those opinions addressing the identity of the suspect violated the rules established by our Supreme Court in Watson.
Cited 0 timesUnpublishedKATHLEEN D. SEERGY VS. FRANK H. RICKER (L-1244-16, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 15, 2021
A-1412-19 15 Stigliano was a medical practice and product liability action wherein the parents of an infant alleged their child developed a seizure disorder after being immunized … Therefore, this matter clearly falls within the Stigliano framework because Dr. Ziccardi is a subsequent treating healthcare provider. We are unpersuaded by plaintiff's argument that her expert, Dr.
Cited 0 timesUnpublishedPHOENIX PINELANDS CORPORATION, ETC. VS. HARRY DAVIDOFF (C-000246-11, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 29, 2021
Interested landowners were invited to public meetings for information on the project and the steps necessary for the State to purchase qualifying properties. … Having reviewed the record, we find the trial court clearly erred in finding Phoenix established legal or equitable title to Properties IV and V.
Cited 0 timesPublishedFidelity Union Trust Co. v. NJ Highway Auth.
164 N.J. Super. 246 · New Jersey Superior Court Appellate Division · Nov 16, 1978
Allied Steel had a pension plan which was qualified under § 401 of the Internal Revenue Code but which did not provide for vesting of rights in a manner to meet the standards of the Minnesota statute; hence, to close its … The statute did not apply to all employers but only to those who employed 100 or more and also had established a pension plan.
Reversed by Fidelity Union Trust Co. v. New Jersey Highway Authority, 85 N.J. 277 (1981)Cited 2 timesPublishedH.S. v. R.S. (FV-09-1512-20, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Feb 28, 2022
He found K.B. credible because of her demeanor and because she was unfamiliar with the parties before the incident so she "clearly had no . . . motivation . . to make this up." … "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.'" Pitney Bowes Bank, Inc. v.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 5, 2020
Linda Jeffrey was qualified as an expert in the areas of clinical and forensic psychology and the treatment of alcohol and other psychoactive substance abuse disorders. … "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."
Cited 0 timesUnpublishedKenneth Hagel v. Kevin Davenport
New Jersey Superior Court Appellate Division · Feb 6, 2024
Defendants admitted that plaintiff was qualified to be a sergeant, and the lateness of his letter of intent was the sole reason for not letting him apply. … The court told the jury that plaintiff therefore had the burden of proving that he had "applied for a position for which he was qualified."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Apr 28, 2021
The judge qualified Longo to testify as an "expert in the field of testing, testing for asbestos, and exposure to asbestos from [an] industrial hygiene perspective." … resolution was not clearly foreshadowed."
Cited 0 timesPublishedKatina Walker v. Township of Irvington
New Jersey Superior Court Appellate Division · Dec 30, 2024
Div. 2012); "the inspection of fire sprinklers by qualified contractors[,]" Davis, 219 N.J. at 408; and the duties of a licensed nurse when "a patient dislodges [their] [medical] tube and refuses its reinsertion," Cowley … Regardless, the facts of the case clearly established liability given the subcontractor's admissions and were not esoteric.
Cited 0 timesUnpublishedPATRICK MULLEN, SR. VS. BOARD OF REVIEW (BOARD OF REVIEW, DEPARTMENT OF LABOR)
New Jersey Superior Court Appellate Division · Aug 22, 2017
"The burden of proof is on the claimant to establish good cause attributable to such work for leaving." N.J.A.C. 12:17-9.1(c). … Rather, he claims that a twenty-percent reduction in his pay constituted an "involuntary termination" of his position and qualified him for unemployment benefits. We disagree.
Cited 0 timesUnpublishedState of New Jersey v. Curtis L. Jones
New Jersey Superior Court Appellate Division · Sep 24, 2025
The court was clearly convinced the aggravating factors substantially outweighed the mitigating consideration. … 2C:43-6(f), the prosecutor shall allow the defendant to enter into an agreement containing the following term, "[p]ursuant to Section 12, the court at sentencing shall impose a period of parole ineligibility for any qualifying
Cited 0 timesUnpublished
Ask Donna