Case law
Opinions from 1658 to today.
5,442 results
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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.
Cited 0 timesUnpublishedDcpp v. L.H. and D.G., in the Matter of F.H.-g.
New Jersey Superior Court Appellate Division · Jan 17, 2025
Moreover, the accessibility of drug paraphernalia in the basement "clearly" put Fred "at a risk of harm." … A-1582-23 17 He contends Curcio was not competent to offer an opinion regarding his intoxication because she was not a qualified expert such as a treatment counselor or licensed
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JAMES C. ZARATE (09-02-0262, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 6, 2020
Bieniek, 200 N.J. 601, 608 (2010) (noting that when the trial court follows "the sentencing principles set forth in the Code and defined in our case law, its discretion should be immune from second-guessing."). … Lovett, 132 N.J. 44, 64 (1993)) (with respect to the opinions of qualified experts, a finder of fact is free to accept or reject the testimony of either side's expert, in full or in part).
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. EARL L. BARLEY (19-06-1414, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 19, 2021
with intent to distribute, contrary to N.J.S.A. 2C:35-5(a)(1) (count three); fourth-degree possession of drug paraphernalia, Ziploc bags, with intent to distribute, contrary to N.J.S.A. 1 Detective Jason Salter was qualified … It is well established that to comply with the federal and New Jersey Constitutions, law enforcement officials generally must obtain a warrant before conducting a search of the person or private property of an individual
Cited 0 timesUnpublishedPaul D. Lancaster v. New Jersey Transit Corporation
New Jersey Superior Court Appellate Division · Jun 23, 2025
Defendants observe that plaintiff's pleadings clearly allege the last date of adverse action was in 2019. … Our Supreme Court established the requirements for hearings regarding application of the discovery rule in Lopez, 62 N.J. at 275-76.
Cited 0 timesUnpublishedMEG YATAURO VS. STATE OF NEW JERSEY (L-1901-14, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 2, 2019
The trial judge determined that four of plaintiff's many alleged whistleblowing claims qualified under CEPA and, at the conclusion of a twelve-day trial, a jury found defendants DOC and Lanigan (hereafter "defendants") … A-2132-17T1 4 many alleged whistleblowing incidents, only the four that occurred in late 2012 and early 2013 qualified as whistleblowing activities; he found the others were too remote
Cited 0 timesUnpublishedCity Council of Elizabeth v. Naturile
136 N.J. Super. 213 · New Jersey Superior Court Appellate Division · Aug 20, 1975
If one does not need a business permit to do the actual work, a fortiori he does not need to qualify for and obtain a license to commence the work. … particular business or occupation does not constitute engaging in, or carrying on, such business or occupation within the meaning of a law imposing a license or tax thereon unless an intent to engage in the business is clearly
Cited 0 timesPublishedSTATE OF NEW JERSEY VS. SUDEEP KHETANI (17-11-1302, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 16, 2021
He argued the records from the PFW Center were hearsay, and the detective was not qualified to authenticate them as business records. See N.J.R.E. 803(c)(6). … The State contends it never introduced the alibi documents into evidence; that is clearly wrong, as already noted.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 5, 2025
We recognize "it is clearly improper to base a finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint." … The trial judge clearly found credible plaintiff's testimony about the history of the parties' interactions and the domestic-violence incidents at issue.
Cited 0 timesUnpublishedState of New Jersey v. Orion Byrd
New Jersey Superior Court Appellate Division · Apr 21, 2025
Bruen took aim at laws that it deemed unconstitutional, not public policies meant to advance public safety by limiting access to firearms by those who are deemed to be qualified and obtain the proper license. … The judge found no mitigating factors and determined that "the aggravating factors clearly and substantially outweigh[ed] the non- existent mitigating factors."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. D.C-M. (16-02-0347, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 30, 2020
If the statements were "unnecessary to prove [the] defendant's guilt because there is other evidence that clearly establishes guilt, or if the defendant has acknowledged the truth of his statement, the failure to give … Third, there was significant other evidence that clearly established defendant's guilt.
Cited 0 timesUnpublishedMADISON MONE VS. KIM GRAZIADEI(L-3240-13, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 30, 2017
In response to three questions posed to her during her deposition, plaintiff clearly stated the coach never told the players they had to wear the subject equipment when practicing off the field. … The trial court also found that, as a matter of law, none of "the proofs adduced . . . remotely established that any reasonable fact finder could . . . find [the coach was grossly negligent]." In Steinberg v.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 24, 2021
Ass'n, 154 N.J. 555, 568 (1998) (explaining PERC's scope of negotiations determinations "will stand unless . . . clearly demonstrated to be arbitrary or capricious" (quoting In re Hunterdon Cnty. … It is "well- established . . . that PERC's decisions are entitled to substantial deference.
Cited 0 timesUnpublishedDAVID CULAR VS. MT IMPORTS, INC. (L-1250-14, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 5, 2018
The testimony was clearly relevant as it had a tendency to prove or disprove plaintiff's alleged damages. … N.J.R.E. 1006 states: "The contents of voluminous writings or photographs which cannot conveniently be examined in court may be presented by a qualified witness in the form of a chart, summary, or calculation."
Cited 0 timesUnpublishedDcpp v. N.s-a., in the Matter of the Guardianship of A.S.
New Jersey Superior Court Appellate Division · Sep 23, 2025
After completing its investigation, the Division established the allegation of neglect but did not establish the remainder of the allegations. … Winston, who was qualified as "an expert in psychology, parental fitness, custody and bonding." Ms.
Cited 0 timesUnpublishedMATTHEW KEEFE VS. XAVIER FERNANDEZ(L-2250-11, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 30, 2017
Undoubtedly, the case would have been stronger had Keefe been able to establish that the baby shower was a "joint Chartoff family event[.]" … It is well established that a defendant who is not protected by statutory immunity, but was dismissed from the case on some other grounds, "remains a 'party' to the case for the purpose of determining the non-settling
Cited 0 timesUnpublishedPhillip Eisenstein v. Atlantic City Board of Education
New Jersey Superior Court Appellate Division · Oct 22, 2024
"[T]he mandate of public policy must be clearly identified and firmly grounded and cannot be vague, controversial, unsettled [or] otherwise problematic." … Additionally, school districts are required to establish a "threat assessment team" at each school. . .
Cited 0 timesUnpublishedBerley Associates Ltd v. Town of Morristown
New Jersey Superior Court Appellate Division · Aug 12, 2024
In its statement of reasons, the court found that a proper factual basis for the Board's approval of Speedwell's application was clearly stated in its resolution. … Borough of New Milford, 68 N.J. 576, 586 (1975), there are "three general categories of cases that qualify for the interest of justice exception: cases involving (1) important and novel constitutional questions; (2) informal
Cited 0 timesUnpublishedIn the Matter of the New Jersey Firemen's Association
New Jersey Superior Court Appellate Division · Dec 18, 2015
relief under L. 1989, c. 154, as it lacked a private right of action).5 Courts in other jurisdictions applying comparable provisions of their declaratory judgment acts have clearly … The payments are not salary or remuneration for employment, although they are a benefit for qualified firefighters — including, notably, volunteer firefighters —
Cited 0 timesPublishedNew Jersey Superior Court Appellate Division · Jul 13, 2020
It was not clearly erroneous in this case, or even erroneous at all. … Thus, as established in Bass: [T]he State may present the testimony of a qualified expert who has conducted independent observation and analysis regarding an autopsy conducted by a medical
Cited 0 timesUnpublished
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