Case law
Opinions from 1658 to today.
5,442 results
0.61s
New Jersey Superior Court Appellate Division · Dec 19, 2019
The parties entered into a settlement agreement that established a maximum amount of development that could occur surrounding the lake. … Under the law of the case doctrine, the Estate, Stephen, and CLDC are clearly barred from again attacking this order.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. REYMOND PAGAN (16-04-1216, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 26, 2021
The well-established test for challenging the sufficiency of evidence for defendant's conviction(s) was articulated in State v. … Similarly, a trial court's exercise of discretion that is in line with sentencing principles "should be immune from second-guessing." State v. Bieniek, 200 N.J. 601, 612 (2010).
Cited 0 timesUnpublishedState of New Jersey v. Joseph A. Baker
New Jersey Superior Court Appellate Division · Jan 4, 2024
Any such discrepancies, however, do not establish the PCR court erred by denying defendant's petition. … Here, as the initial PCR court found, defendant's trial counsel's "choices clearly were strategically defensible."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 20, 2018
Similarly, we conclude that the record clearly established that Dr. … Jeffrey was qualified, her evaluation addressed relevant issues, and her conclusions were supported by facts in the record, which permitted Judge Axelrad to accept the doctor's unrefuted testimony. See Angel v.
Cited 0 timesUnpublishedRobert Grone v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · May 1, 2025
the 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 … To qualify for ADR benefits, a PERS member must establish being "permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of [the member's] regular or
Cited 0 timesUnpublishedCARL LAWSON VS. K2 SPORTS USA(L-4440-08, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 24, 2017
The hearsay exception applies to statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established … Here, the charge given by the court adequately covered the subject matter and the failure to mention "noncompliance" was not "clearly capable of producing an unjust result." R. 2:10-2.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. NATALY Y. TICONA-GOMEZ A-5067-17T3 (17-10-1408, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 10, 2019
We will "reverse only when the trial court's determination is 'so clearly mistaken "that the interests of justice demand intervention and correction."'" State v. … However, we owe no deference to the trial court's legal conclusions or interpretations of the legal consequences flowing from established facts, and review questions of law de novo. State v.
Cited 0 timesUnpublishedJ.B. v. New Jersey State Parole Board
444 N.J. Super. 115 · New Jersey Superior Court Appellate Division · Jan 21, 2016
If the polygraph examination was a reliable tool for determining deception, any qualified polygrapher would be equally capable of determining deception, whether … The establishment of such a relationship fosters a "feeling of safety[,]" which permits the patient to be honest in treatment.
Cited 13 timesPublishedIN THE MATTER OF BOROUGH OF CARTERET (PUBLIC EMPLOYMENT RELATIONS COMMISSION)
New Jersey Superior Court Appellate Division · Apr 22, 2021
The Chief certified that this qualified them to perform the duties of a firefighter. The phrase 'firefighting duties' appears only in Section 1 of Article III of the CNA, which establishes the 24[-]72 schedule." … PERC's decision "will stand unless it is clearly demonstrated to be arbitrary or capricious." In re Belleville Educ. Ass'n., 455 N.J. Super. 387, 400 (App. Div. 2018) (quoting Jersey City Police Officers Benev.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 12, 2022
must fall within the presence of a faculty member carrying a teaching load, so long as the availability of a credit course exists for assignment to the affected faculty member who is qualified … Because we find the University was within its rights under the parties' clearly worded agreement to reassign full-time tenured faculty members such as grievants to non-teaching duties within their job descriptions, as here
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. SHANNON FIELD (13-04-0205, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 13, 2017
The facts in Rosario are clearly distinguishable. … CUMMA does not alter the established search and seizure law of this State and does not apply in this matter. Defendant was not, and is not, a registered qualifying patient under CUMMA.
Cited 0 timesUnpublishedState of New Jersey v. Raphael Lolos
New Jersey Superior Court Appellate Division · Mar 28, 2025
Where a defendant did not object to the admission of evidence at trial, we review the record under the plain error standard for an error "clearly capable of producing an unjust result . . . ." State v. … That's what he did in this case and he is clearly in my opinion qualified based on his training, experience, and expertise to provide an expert opinion on this case including his use of
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. SYLVIA WILKERSON (17-12-0209, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 6, 2021
The principles governing our review are well established. … "A trial court's findings should be disturbed only if they are so clearly mistaken 'that the interests of justice demand intervention and correction.'" Ibid. (citing Johnson, 42 N.J. at 162).
Cited 0 timesUnpublishedState of New Jersey v. Stephen Rodner
New Jersey Superior Court Appellate Division · Feb 28, 2024
This court finds . . . that the State has established by sufficient credible evidence and beyond a reasonable doubt that [defendant] is [guilty] de novo of violating N.J.S.A. 39:4-90. … Div. 2002), we held, "[t]rial judges are vested with the authority to propound questions to qualify a witness's testimony and to elicit material facts . . . ."
Cited 0 timesUnpublishedRATARSHA WILLIS VS. CARL WALKER (L-0634-15, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 6, 2020
The TCA was enacted "to address the harsh consequences of strictly applying the common law contours of sovereign immunity," D.D. v. … Where a statute's language "leads to a clearly understood result, the judicial inquiry ends without any need to resort to extrinsic sources." Hudson, 209 N.J. at 529.
Cited 0 timesUnpublishedIn the Matter of the Petition of New Jersey American Water Company, Etc.
New Jersey Superior Court Appellate Division · Nov 20, 2024
whether the 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 … The burden rests with the applicant to establish no alternative route has less impact on the environment or on the community. PSE&G, 35 N.J. at 368.
Cited 0 timesUnpublishedSalvatore Salsa v. Katherine Salsa
New Jersey Superior Court Appellate Division · Jun 9, 2026
As a result, the court determined that the properties were no longer immune from equitable distribution as previously decided and ordered them to be divided equally between the parties. … The standard of living established during the marriage . . . ; e.
Cited 0 timesUnpublishedState of New Jersey v. Anthony J. Castillo
New Jersey Superior Court Appellate Division · Jan 17, 2025
The record does not clearly support that defense counsel affirmatively moved for a new trial. … Defendant stipulated to the expert's qualifications and the court qualified Klarin as an expert in the field of drug analysis.
Cited 0 timesUnpublishedMaryjane Proctor v. Haydon Corporation
New Jersey Superior Court Appellate Division · Oct 23, 2025
Woods explained that although he "consider[ed]" plaintiff for the position of HR Director, he determined she was not qualified for the position because of "[h]er lack of experience relative to the qualities and experience … Regarding the WTA claim, as the judge explained, the pay shortfall was clearly an inadvertent error.
Cited 0 timesUnpublishedLEWIS M. HUNT-IRVING VS. JAZMIN ESPADA (SC-0000555-18, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 23, 2021
Div. 2002) ("Trial judges are vested with the authority to propound questions to qualify a witness's testimony and to elicit material facts on their own initiative and within their sound discretion."). … R. 2:10-2 (Plain error is error that is "clearly capable of producing an unjust result."). Finally, plaintiff argues he was denied his right to a fair trial because defendant's mother was not sequestered.
Cited 0 timesUnpublished
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