Case law
Opinions from 1658 to today.
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New Jersey Superior Court Appellate Division · Jun 28, 2018
POINT IV TRIAL COURT CLEARLY ABUSED ITS DISCRETION BY DISREGARDING EXCUSABLE NEGLECTS AND ARGUABLE MERITORIOUS DEFENSES; THEREBY UNJUST, OPPRESSIVE OR INEQUITABLE … The record supports the trial court's finding that defendant did not establish excusable neglect and did not present any meritorious defense.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. MICHAEL J. REILLY (08 19, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 3, 2021
Lawrence Guzzardi, M.D., qualified as an expert in the areas of emergency medicine, medical toxicology, and orthopedic trauma. Dr. … A reading of the plain language clearly indicates that the State need not establish defendant's operation of his vehicle caused an actual delay in traffic, rather, only that such operation was likely to cause a delay.
Cited 0 timesUnpublishedDevang Shah, Etc. v. Nupur Trading LLC
New Jersey Superior Court Appellate Division · May 28, 2026
Jain was qualified." … sought is essential; (3) an explanation for counsel's failure to request an extension of the time for discovery within the original time period; and (4) the circumstances presented were clearly
Cited 0 timesUnpublished170 N.J. Super. 44 · New Jersey Superior Court Appellate Division · Aug 2, 1979
The legal criteria to be applied in admitting scientific evidence are well established. … With some traffic patterns, such as heavy approaching traffic in multiple lanes where no one car is clearly in front, it will always be difficult if not impossible to identify a target.
Cited 6 timesPublishedSTATE OF NEW JERSEY v. CARLOS I. ALCANTARA (16-10-1566, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 1, 2022
Defendant and his coconspirators formed shell corporations and established bank accounts into which they deposited stolen money. The money would then be transferred abroad. … Relatedly, 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 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 27, 2021
A-1048-20 8 required to submit evidence [to the Board] that he is qualified so to practice." Ibid. … We conclude from our review of the record that Johnston has not carried his burden to establish his sanction imposed by the Board was so disproportionate or shocking to justify our intervention. 10 In his merits brief
Cited 0 timesUnpublishedMICHELE SPANO-TERLIZZI VS. LEE SPANO (FM-08-0812-13, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 30, 2017
It is only "when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark'" that we "intervene and make [our] own findings to ensure that there is not a denial of justice." N.J. … However, "[a] trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp.
Cited 0 timesUnpublishedCommunications Workers v. Christie
413 N.J. Super. 229 · New Jersey Superior Court Appellate Division · May 7, 2010
The statute establishes the Public Employment Relations Commission ("PERC"), an agency which has the authority and duty to "make policy and establish rules and regulations concerning employer-employee relations in public … The Legislature clearly knew how to define and include labor organizations when it wanted them encompassed by the campaign contribution laws.
Cited 21 timesPublishedTami Corrello v. Douglas Corrello
New Jersey Superior Court Appellate Division · Aug 6, 2025
According to the rules that govern the Special Needs Trust, I am a qualified eligible beneficiary due to my status of being deemed permanently disabled per the SSA . . . . … Failing to meet that standard, defendant did not establish fraud nor any basis to overturn the 2017 orders this court previously affirmed.
Cited 0 timesUnpublished410 N.J. Super. 43 · New Jersey Superior Court Appellate Division · Sep 3, 2009
It is well known that to establish a claim of ineffective assistance of counsel, defendant must prove two elements. … She believed Michals was not qualified as an expert in FAS based on his training. Contradicting Michals' testimony, Hegarty stated that defendant's records supported a diagnosis of fetal alcohol syndrome or effects.
Cited 12 timesPublishedBenjamin Nduagubu v. Atlantic Health System
New Jersey Superior Court Appellate Division · Apr 21, 2025
Like these cases, defendants' behavior qualified as adverse employment action because they: treated him in a discriminatory manner on the presumption he was Muslim; subjected him to a security department investigation based … The objective evidence showed plaintiff clearly violated AHS policies in the manner he used the computer and internet at work, and the violation was the catalyst for the pharmacist's initial report and drove the investigation
Cited 0 timesUnpublishedNANCY DANIELS VS. THOMAS DANIELS (FM-18-0886-07, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 28, 2020
The court noted that defendant's retirement accounts were to be divided via qualified domestic relations orders, which were submitted in 2008, but returned by the administrator of the plans as insufficient. … The judge found plaintiff failed to carry her burden to establish her entitlement to reimbursement for $40,948 in additional tuition payments, finding plaintiff provided sufficient documentation to establish only two payments
Cited 0 timesUnpublishedANTHONY P. FALCO, SR. VS. DAWN ZIMMER (L-0369-16, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 7, 2021
N.J.S.A. 40A:14-118 provides for the creation and establishment of a municipal police force and sets the powers and duties of the police chief. … Clearly, it does not cover the chief of police position.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 25, 2025
L.F.R. testified that she examined plaintiff on May 9, 2024, after receiving a call from the hospital that plaintiff qualified under the BREATHE protocol . … Based upon these findings, the judge found plaintiff "clearly" did not have concerns for her safety on the night of the assault.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. TERRANCE BARKER (14-12-0793 AND 14-12-0749, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 29, 2019
In its effort to prove the elements of the defaced firearm charge,1 the State introduced the testimony of a detective who was qualified in the first trial as a firearms and ballistics expert. … The expert's testimony was clearly capable of influencing the jury and producing an unjust result, requiring reversal. R. 2:10-2.
Cited 0 timesUnpublishedToll Bros., Inc. v. BOARD OF FREEHOLDERS
388 N.J. Super. 103 · New Jersey Superior Court Appellate Division · Sep 18, 2006
In the mid-1980's, defendant Whitesell established with three others the Moorestown Foursome. … The agreement more clearly defined plaintiff's obligations under the prior approvals that had been given to Foursome.
Cited 1 timesPublished342 N.J. Super. 14 · New Jersey Superior Court Appellate Division · Jul 3, 2001
Mader, 113 Idaho 409 , 744 P. 2d 137 (1987), the court determined that a prosecutor's "qualifying questions regarding [a five year-old sexual assault victim's] ability to discern the difference between truth and falsity," … He argues that the probable trustworthiness of the statement, as required by N.J.R.E. 803(c)(27), was not established. We disagree.
Cited 0 timesPublishedNew Jersey Superior Court Appellate Division · May 3, 2019
The harm may be established by "a delay in establishing a stable and permanent home[.]" DMH, 161 N.J. at 383. "A parent's withdrawal of . . . … Generally, to prove the fourth prong, the Division "should offer testimony of a well[-]qualified expert who has had full opportunity to make a comprehensive, objective, and informed evaluation of the child's relationship
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. KELVIN LEERDAM (07-06-1109, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 9, 2019
A judge considering a motion for a new trial under Rule 3:20-1, "shall not set aside a jury verdict unless 'it clearly and convincingly appears that there was a manifest denial of justice under the law.'" State v. … Inasmuch as defendant failed to establish any of the three prongs of the Carter test, his motion for a new trial was properly denied.
Cited 0 timesUnpublishedDcpp v. J v. and A.A., in the Matter of W.A.
New Jersey Superior Court Appellate Division · Sep 5, 2024
This evidence may come in the form of "medical and hospital records" or testimony of "health care providers, caregivers, or qualified experts." … Nonetheless, an appellate court will reverse an error not brought to the attention of the trial court if "the appellant shows . . . it was 'plain error,' that is, 'error clearly capable of producing an unjust result.'"
Cited 0 timesUnpublished
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