Case law

JOE OBI OKEKE v. CHINEDU SANI ANEKWE (L-2338-18, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 12, 2022

On appeal, plaintiff argues the court mistakenly dismissed his complaint as he established a prima facie case of defamation. … Thus, "[s]tatements of opinion, as a matter of constitutional law, enjoy absolute immunity." Dairy Stores, Inc. v. Sentinel Pub. Co., Inc., 104 N.J. 125, 147 (1986).

STATE OF NEW JERSEY VS. RAHEEM JONES (13-05-0503, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 14, 2018

If the judge intended to impose an extended term, he clearly did not follow the dictates of State v. Pierce, 188 N.J. 155 (2006). … s very limited testimony was not "clearly capable of producing an unjust resul t." R. 2:10-2.

POLINA ROITBURG, ETC. VS. LEONOID ROITBURG (L-1478-16, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 14, 2020

However, we owe no deference to the judge's interpretation of the law and the legal consequences that flow from established facts. Manalapan Realty L.P. v. Twp. … The judge also reasoned that "Igor's alleged statements were made in a settlement conference" and subject to the immunity provided by the litigation privilege. See Hawkins v. Harris, 141 N.J. 207, 216 (1995).

Salzano v. North Jersey Media Group, Inc.

403 N.J. Super. 403 · New Jersey Superior Court Appellate Division · Nov 12, 2008

Here, it cannot be legitimately argued that Salzano was a public figure at the time of publication; he clearly was not. … In considering the sufficiency of this claim, we are required to apply the well-established standard for determining whether defamation allegations state a claim upon which relief may be granted.

State of New Jersey v. John G. Formisano

New Jersey Superior Court Appellate Division · Mar 28, 2025

Figurelli stated he performed "[t]housands" of psychological evaluations and was qualified as an expert in clinical psychology. According to Dr. … Yet, even if all of defendant's statements were suppressed, the State presented independent evidence of those same circumstances clearly establishing defendant's guilt beyond any reasonable doubt.

STATE OF NEW JERSEY VS. TERRENCE MURRELL (19-03-0323, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 18, 2021

The judge was also not obligated to address mitigating factor twelve because the facts that defendant "surrendered peacefully" and "gave a statement to the police" do not establish the type of cooperation required by that … Defendant clearly was not entitled to a downgraded sentence under N.J.S.A. 2C:44-1(f)(2). IV.

STATE OF NEW JERSEY VS. BOBSEUS WILLIAMS (90-10-4782, 90-12-2548, 90-12-2549 AND 91-02-0795, ESSEX COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Dec 12, 2019

First, defendant's claim is clearly time barred. … Defendant clearly failed to satisfy the requirement of either Rule 3:22-12(a)(1) or Rule 3:22-12(a)(2)(B), or establish a basis to relax those time deadlines.

Doe v. Arts

360 N.J. Super. 492 · New Jersey Superior Court Appellate Division · Jun 2, 2003

The written laboratory result of the HIV test by Arts stated: TEST OR TEST GROUP WITH A VALUE OUTSIDE THE ESTABLISHED REFERENCE RANGE. * HIV-1 ANTIBODY SCR. … We cannot reverse the denial of a motion for new trial based on weight of the evidence "unless it clearly appears that there was a miscarriage of justice under the law." R. 2:10-1.

A.J.C. VS. G.A.C. (FV-12-1663-13, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Dec 8, 2020

Lischick's testimony clearly did not lead to an unjust result. IV. … This qualifier is critical to proper application of N.J.R.E. 403 because all damaging evidence is prejudicial."); Rosenblit v.

STATE OF NEW JERSEY VS. JAMEL LEWIS STATE OF NEW JERSEY VS. ROBERT HARRIS STATE OF NEW JERSEY VS. SHARIF TORRES (10-03-0288, UNION COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Jan 7, 2019

The AT&T and Sprint engineers were qualified as experts and permitted to provide opinions about the CSLI information. … Statements given to police qualify as testimonial if the surrounding "circumstances objectively indicat[e] that . . . the primary purpose of the interrogation is to establish or prove past events potentially

Continental Ins. Co. v. HONEYWELL INTERNATIONAL, INC.

406 N.J. Super. 156 · New Jersey Superior Court Appellate Division · Mar 24, 2009

Owens-Illinois [ [27] ] clearly identifies that, and it is an important public policy. … Clearly, the New York action has moved at a quicker pace than its New Jersey counterpart.

State Div. of Youth & Fam. v. TC

251 N.J. Super. 419 · New Jersey Superior Court Appellate Division · Oct 29, 1991

Again, the giving of actual notice to them was not established. The April hearing resulted in yet another order continuing DYFS custody. … It also appears that once the children were removed, T.C. might not have been qualified to receive welfare assistance for family housing.

STATE OF NEW JERSEY VS. AQUIL MALIK (15-04-0289, MORRIS COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Dec 10, 2018

The court, however, adhered to the sentencing guidelines and its decision was clearly reasonable. … Defendant neither offers nor points to any evidence that establishes a bad faith reason why the police photographed only six text messages.

CAROL CRISPINO VS. TOWNSHIP OF SPARTA (L-0500-16, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 6, 2019

Although plaintiffs are not members of the GLBC, their proximity to the dam qualifies them for membership. … Nonetheless, assuming arguendo that the net opinion rule applies here, Holzhauer's report clearly sets forth the "why" and "wherefore" of his methodology.

Nurya Noriega v. Board of Trustees, Etc.

New Jersey Superior Court Appellate Division · Dec 19, 2023

whether the agency's decision conforms with relevant law; (2) whether the decision is supported by substantial, credible evidence in the record; and (3) whether in applying the law to the facts, the administrative agency "clearly … To qualify for accidental disability benefits, an applicant must meet "an extraordinarily high threshold that culls out all minor injuries; all major injuries that have fully resolved; all partial or temporary disabilities

Peter Schmitz v. Susan Fairhurst

New Jersey Superior Court Appellate Division · Nov 21, 2023

clearly constitute[d] a change of circumstances warranting a modification of plaintiff's alimony obligation." The matter was not resolved at the ESP. … Here, plaintiff established a prima facie case of changed circumstances.

In the Matter of Adoption of Amendment to the Northeast Water Quality Management Plan

New Jersey Superior Court Appellate Division · Jul 7, 2025

Putting aside Bi-County's procedural deficiency, the argument fails on its merits because Bi-County does not establish the 2023 WQMP Amendment violates N.J.A.C. 7:15-4.4. … Hearing Request Bi-County contends the Department's rejection of its request for a third - party hearing qualifies as "adjudicatory action."

IN THE MATTER OF ALLAN KENNEY JUVENILE JUSTICE COMMISSION (NEW JERSEY CIVIL SERVICE COMMISSION)

New Jersey Superior Court Appellate Division · Jul 16, 2020

The ALJ also considered whether the employer met its burden to establish that Kenney falsified his report under human resource policy C-9. … The ALJ noted that the incident qualified as a second offense against Kenney for conduct unbecoming and for falsification. The remaining charges were his first offense of such a type.

STATE OF NEW JERSEY VS. ANGEL E. CESAR (16-03-0203, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 23, 2021

However, in her testimony, Cuthbert provided essentially the same facts that would have been established by those certificates. … Based on his extensive experience in law enforcement, Webb was properly qualified as an expert in the packaging, handling, and distribution of illegal narcotics.

State of New Jersey v. Marcus K. Pendleton

New Jersey Superior Court Appellate Division · Jan 30, 2026

Based on our careful review of the record and the application of well- established law, we conclude defendant failed to establish a prima facie case of ineffective assistance of trial counsel and affirm. … To establish a prima facie case of ineffective assistance of counsel, a defendant must satisfy the two-prong test established in Strickland. See also State v.