Case law
Opinions from 1658 to today.
5,442 results
1.43s
STATE OF NEW JERSEY v. OMAR SALOUKHA (18-03-0252, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 28, 2022
Defendant asserts Singley was not qualified as an expert in the field of child development and, therefore, the court should have barred him from narrating the materials in this fashion. … In child pornography cases, expert testimony is not necessarily required to establish the ages of children that are depicted in the images. State v. May, 362 N.J. Super. 572, 593 (App. Div. 2003).
Cited 0 timesUnpublishedIVAN TYMIV VS. LOWE'S HOME CENTERS, LLC (L-6536-17, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 30, 2021
Lowe's moved for summary judgment, arguing plaintiffs could not establish Lowe's was negligent in hiring, training, or supervising Hassan because plaintiffs failed to establish Lowe's had breached any standard of care … Genuine issues of material fact clearly exist based on plaintiff's and Hassan's differing views of the altercation and what led to the altercation.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 1, 2025
Div. 2000), and explained that only four kinds of statements qualify as slander per se: that is, accusing another: "(1) of having committed a criminal offense, (2) of having a loathsome disease; (3) of engaging in conduct … Mehta," clearly evidencing Singh's opinion.
Cited 0 timesUnpublishedMORRIS IMAGING ASSOCIATES, PA VS. ROSA SEMILIA (DC-005061-17, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 7, 2019
In addition, undisputed proofs establish that Morris Imaging's physicians performed services for Semilia which she failed to pay for. … In order for the FDCPA to apply, Semilia must establish there was a debt communication from a debt collector to a debtor. See 15 U.S.C. § 1692c.
Cited 0 timesUnpublishedState of New Jersey v. Marcus A. Brown
New Jersey Superior Court Appellate Division · Mar 6, 2026
Cumberland County Prosecutor's Office Lieutenant Raymond Cavagnaro, who was qualified without objection as an expert in the field of illegal narcotics distribution, testified that the quantity of drugs could indicate whether … "[A] trial court's findings should be disturbed only if they are so clearly mistaken 'that the interests of justice demand intervention and correction.'" State v. A.M., 237 N.J. 384, 395-96 (2019) (quoting State v.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 30, 2020
Following immunity and intervention proceedings, the parties engaged in extensive negotiations. … The court correctly found that the Township established a prima facie case of compliance, and the burden then shifted to Clinton 94 to establish that it failed to do so.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 23, 2019
The judge specifically found credible the unrebutted trial testimony of the Division's evaluating psychologist whom the court characterized as "well-qualified." We affirm. … Meanwhile, the weight of the evidence on the fourth prong concerning the child's best interests, clearly establishes that Emily should not be taken away from the resource parent, who has cared for her capably for nearly
Cited 0 timesUnpublishedFEDERAL NATIONAL MORTGAGE ASSOCIATION VS. JUDITH MESSINEO(F-7411-13, WARREN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 3, 2017
Her answers to the Admissions asserted she was qualified for a modification but was improperly denied. … virtue of the assignment of the mortgage, which predated the filing of the 10 A-0979-15T3 foreclosure complaint, Federal National clearly
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 27, 2019
Defendant contends the evidence was insufficient to support the court's conclusion that the Division clearly and convincingly established those prongs under the statutory standard. … The record fully supports the trial court's findings that the evidence clearly and convincingly established: (1) Robert's incapacity is of such a serious nature
Cited 0 timesUnpublishedDcpp v. P.R. and M.J., in the Matter of the Guardianship of B.J.
New Jersey Superior Court Appellate Division · Dec 1, 2023
After detailing the factual background of the Division's efforts to work with defendant, the court determined the Division clearly and convincingly met each prong of the best interests standard and established defendant's … The defendant must establish each of the Strickland v.
Cited 0 timesUnpublishedSchlussel v. Emmanuel Roth Co.
270 N.J. Super. 628 · New Jersey Superior Court Appellate Division · Feb 7, 1994
Creditors had little recourse because the transfer of the goods to an innocent buyer immunized them from the reach of the seller's creditors and, even if the merchant could be found, in personam jurisdiction over him might … While the U.C.C. expressly includes "disputed" claims and thus clearly rejects those cases that suggest the need for a claim to be fixed and/or reduced to judgment, there is no indication the intent was to jettison the preexisting
Cited 2 timesPublishedNat'l Prem. Budget Plan Corp. v. Nat'l Fire Ins.
97 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Sep 13, 1967
Some acts are so clearly disconnected with the purpose of the employment and so exclusively done by the servant on his own account that they are clearly not of a character such as to make the master liable under the doctrine … Additionally, it bears directly on whether National Premium has carried the burden of establishing by a preponderance of the evidence the fifth required element for successfully establishing a charge of fraud, namely, "justifiable
Cited 25 timesPublishedFEDERAL NATIONAL MORTGAGE ASSOCIATION VS. JUDITH MESSINEO(F-7411-13, WARREN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 5, 2017
Her answers to the Admissions asserted she was qualified for a modification but was improperly denied. … virtue of the assignment of the mortgage, which predated the filing of the 10 A-0979-15T3 foreclosure complaint, Federal National clearly
Cited 0 timesUnpublishedBOARD OF EDUCATION, ETC. VS. BOARD OF EDUCATION (NEW JERSEY COMMISSIONER OF EDUCATION)
New Jersey Superior Court Appellate Division · Dec 13, 2021
record contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly … N.J.S.A. 18A:54-5 declares that district and regional school boards "may establish and maintain vocational schools," and N.J.S.A. 18A:54-6 conditions the establishment of district and regional vocational schools on Commissioner
Cited 0 timesUnpublishedAssociation of Concerned Citizens of New Brunswick v. City of New Brunswick
New Jersey Superior Court Appellate Division · Oct 29, 2025
Our Supreme Court has identified three categories that qualify under this exception: "'(1) important and novel constitutional questions; (2) informal or ex parte determinations of legal questions by administrative officials … Appellate review determines whether the court's exercise of discretion was clearly abused. See Franklin Med. Assocs. v. Newark Pub. Sch., 362 N.J. Super. 494, 506 (App. Div. 2003).
Cited 0 timesUnpublishedState of New Jersey v. Steven H. Salami
New Jersey Superior Court Appellate Division · Nov 27, 2023
Although acknowledging the statute could "be construed to punish certain other conduct," the court found "it was clearly not intended to charge all persons who commit theft with the crime of money laundering." … steals money from a pedestrian's pocket and thereby possesses the property known to be derived from criminal activity," we are confident defendant's conduct in "essentially running a Ponzi scheme with his [law] practice" qualifies
Cited 0 timesUnpublished377 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Apr 26, 2005
Thus, we hold that a juror cannot be discharged as “unable to continue" unless the record adequately establishes that the juror suffers from an inability to function that is personal and unrelated to the juror’s interaction … Defense counsel was careful to qualify the court’s remarks: “Just for the record, as to the decision of [Juror Number 4], I will just submit to your discretion rather than consent to anything.”
Cited 12 timesPublishedKIM ALLEN VS. CAPE MAY COUNTY (L-0131-15, CAPE MAY COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 17, 2019
Lindsay clearly does not know local public contract law, which scared [plaintiff]." … I agree with my colleagues that Thornton's failure to appoint plaintiff to a third term as the County's qualified purchasing agent would qualify as an adverse employment action under N.J.S.A. 34:19-2(e). See Nini v.
Cited 0 timesUnpublishedDarlene Epps v. Dgmb Casino, LLC
New Jersey Superior Court Appellate Division · Jan 8, 2026
subject to change based on continued qualifying gambling activity. … The record clearly demonstrates plaintiff was aware her rewards levels were based on her level of play.
Cited 0 timesUnpublished254 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Oct 25, 1991
It is clear that as a result of the concept of equitable distribution as we know it in New Jersey, all non-immune assets of the parties become subject to equitable distribution, and thus, each party has a potential claim … The use of a lis pendens to establish a priority as to marital property subject to equitable distribution was also discussed by *185 the Supreme Court of Oregon in Hoyt v.
Cited 3 timesPublished
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