Case law
Opinions from 1658 to today.
5,442 results
0.95s
New Jersey Superior Court Appellate Division · Feb 25, 2020
A-3628-18T3 9 Because the "Act is, in part, a waiver of [state] sovereign immunity," it is not without limits. Mills, 435 N.J. Super. at 77. … Second, we note that the MIA required that Harrell clearly and convincingly establish that: 1) he was convicted, 2) sentenced and served all or a part of his sentence, 3) he "did not commit the crime for which he was convicted
Cited 0 timesUnpublishedDavid Cincotta v. Borough of Longport
New Jersey Superior Court Appellate Division · May 12, 2025
Milman was called by Cincotta and qualified as an expert in the fields of pharmacology and toxicology. … In the light of the entire circumstances involved in the case at bar, the [c]ourt finds that [d]efendant established just cause and termination is appropriate and clearly within
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 30, 2017
Computer Network Solutions'] technical people in possibly several years in regards to the [n]etwork and [s]ecurity [m]onitoring," and asked whether Nolan could explain why North Jersey "is paying for a service when it is clearly … The trial judge assessed these proofs and the other evidence adduced on the motions and concluded that North Jersey's lawsuit was "clearly a classic example of 'buyer's remorse,'" premised on the "baseless conclusions"
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 21, 2018
which puts her in the moderate level of mental retardation" and "clearly [had] significant cognitive disabilities and learning disabilities since she was a fairly young child." … Melissa Rivera Marano, who was qualified as an expert in the field of psychology. Carol testified on her own behalf and presented her mother as a witness.
Cited 0 timesUnpublished283 N.J. Super. 471 · New Jersey Superior Court Appellate Division · Jun 29, 1994
The view that skiing contains "inherent risks" which the skier "is deemed to have knowledge of and to assume" has been clearly expressed by our Legislature. N.J.S.A. 5:13-5. … Because of this, established case law holds that a general release given to an agent will preclude a subsequent action against his principal. Elias v.
Declined to follow by Newman v. Isuzu Motors America, 367 N.J. Super. 141 (2004)Cited 17 timesPublishedNew Jersey Division of Youth & Family Services v. N.S.
412 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Apr 14, 2010
The Legislature’s desire to protect abused and neglected children is firmly established. … In fact, the statute grants immunity to persons who make such reports in good faith. N.J.S.A. 9:6-8.13.
Cited 117 timesPublishedGreen Party v. HARTZ MOUNT. INDUS.
324 N.J. Super. 192 · New Jersey Superior Court Appellate Division · Aug 3, 1999
Rather, it held that the malls could establish objectively reasonable regulations. Id. at 856. … There is no factual basis or qualified evidence in the record for what is really a net opinion.
Cited 3 timesPublishedState of New Jersey v. Michael T. Weathersbee
New Jersey Superior Court Appellate Division · Mar 6, 2025
Once more, Reid qualified her identification. … Although Detective Nelson characterized defendant as a "person of interest," defendant was clearly more than that; he was a suspect.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 3, 2020
We noted that "[t]aken in context, 'confined' clearly refers to the custodial portion of a defendant's criminal sentence, and is not a more general reference to any deprivation of physical liberty." … Rule 2:10-2 directs reviewing courts to disregard "[a]ny error or omission . . . unless it is of such a nature as to have been clearly capable of producing an unjust result."
Cited 0 timesUnpublishedAndrew J. Krassowski v. Bloomberg Lp
New Jersey Superior Court Appellate Division · Jan 9, 2024
Jain indicated plaintiff had not "clearly underst[oo]d the design" of a component and stated "[e]xpectation from a senior engineer like [plaintiff] is to not just build software but also understand the capabilities and … Specifically as to the fourth element of a prima facie discrimination case, plaintiff failed to establish that, having terminated plaintiff, defendant "thereafter sought similarly qualified individuals for that job."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LESLIE D. HILL (16-04-0227, SALEM COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 28, 2020
In this case, the plea colloquy clearly failed to establish the essential elements of aggravated manslaughter. Although defendant admitted causing "significant injuries" to A.C., and those injuries caused A.C.' … s death, when he admitted that he engaged in rough housing with A.C. the night before, but qualified his admission, stating, "I didn't even know she was hurt though."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LESLIE D. HILL (16-04-0227, SALEM COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 28, 2020
In this case, the plea colloquy clearly failed to establish the essential elements of aggravated manslaughter. Although defendant admitted causing "significant injuries" to A.C., and those injuries caused A.C.' … s death, when he admitted that he engaged in rough housing with A.C. the night before, but qualified his admission, stating, "I didn't even know she was hurt though."
Cited 0 timesUnpublishedState of New Jersey v. Jonathan E. Perez
New Jersey Superior Court Appellate Division · Jan 23, 2026
The expert concluded this established "moderate support" that D.T. was one of the contributors to the DNA mixture on the pad. Nurse Rybicki was also called by the State as a witness. … s written statement constituted inadmissible hearsay and did not qualify for any exception, specifically noting it was created when D.T. was fourteen and that no N.J.R.E. 104(a) hearing was held to determine its trustworthiness
Cited 0 timesUnpublishedDcpp v. P.F., J.F. and J.C., in the Matter of J.C. and D.F.
New Jersey Superior Court Appellate Division · Jul 31, 2024
s testimony qualified as in-court testimony and no corroboration was required. … The court found Mroz qualified to testify in Phillips's absence.
Cited 0 timesUnpublishedState of New Jersey v. Dalia D. Figueroa
New Jersey Superior Court Appellate Division · Dec 17, 2025
An appellate court's standard of review of a sentence is well- established and deferential. State v. … The structure is set up by the degree of crime, as established by the Legislature. Ibid.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 22, 2024
Two of the individual defendants subsequently moved to dismiss the complaint on the basis of qualified immunity, arguing Fortney lacked a protectible property interest in his employment because the provision in Article … There can be no question but that Fortney's claim that he was not provided the evidence supporting the charges against him in violation of a Department disciplinary process directive and his due process rights qualified
Cited 0 timesUnpublished284 N.J. Super. 142 · New Jersey Superior Court Appellate Division · Mar 20, 1995
The State relies on the Crisafi limited exception to the requirement that a court engage in the above inquiry to establish a valid waiver. … The record clearly reflects that defendant was knowledgeable of his constitutional rights and discharged his lawyer as a deliberate strategic maneuver.
Cited 1 timesPublishedState of New Jersey v. Bryant D. Taylor
New Jersey Superior Court Appellate Division · Mar 19, 2024
We discern this unobjected-to statement was not "clearly capable of producing an unjust result." See R. 2:10-2. … Specifically, he argues his expert was qualified to testify regarding: the CDS "transactions and preparation of the syringe for which Mr.
Cited 0 timesUnpublishedState of New Jersey v. Mark Sette
New Jersey Superior Court Appellate Division · Oct 22, 2024
More than three decades ago, a death-qualified jury convicted defendant . . . of mortally stabbing one of his four roommates, wounding another, and attempting to stab two neighbors in … "[A] remand may be required when a reviewing court determines that a sentencing court failed to find mitigating factors that clearly were supported by the record." Bieniek, 200 N.J. at 608.
Cited 0 timesUnpublishedBRIAN BUGGÉ VS. NEW JERSEY STATE POLICE (NEW JERSEY STATE POLICE)
New Jersey Superior Court Appellate Division · Nov 15, 2018
the ALJ concluded that "although the statute does not expressly provide for 'equivalent' offenses in other states, [he was] persuaded that the crime for which [Buggé] was convicted [was] sufficient to meet the standard established … According to the Superintendent, "the statute provides that the sealed records remain available to 'qualified agencies,'" such as NJSP, "'acting within the scope of their law enforcement duties.'"
Cited 0 timesUnpublished
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