Case law

Opinions from 1658 to today.

5,442 results

2.26s

  • Atlantic City Board of Education v. Farook Hossain

    New Jersey Superior Court Appellate Division · Dec 18, 2024

    place of domicile for the purpose of allowing their two children to attend school tuition-free in the Atlantic City school district during the 2019-2020 and 2020-2021 school years and by misrepresenting their income to qualify … There is a "presumption against statutory abrogation of a common-law right," Campione, 155 N.J. at 265, and defendants point to no statute establishing the Legislature has spoken "plainly and clearly" to abrogate any aspect

    Cited 0 timesUnpublished
  • M.M.B. VS. C.J.B. (FM-18-0528-11, SOMERSET COUNTY AND STATEWIDE) (CONSOLIDATED)

    New Jersey Superior Court Appellate Division · Jul 30, 2020

    The judge concluded that plaintiff had failed to establish "changed circumstances" warranting modification of the DSA. … Fadden's letter, which clearly indicated Paul needed psychiatric treatment.

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY VS. ERIC SHELTON (13-04-00935, ESSEX COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Mar 17, 2017

    THIS COURT SHOULD REVERSE THE TRIAL COURT'S DECISION AND DISMISS COUNT I OF THE INDICTMENT BECAUSE THE STATE'S EVIDENCE FAILED TO ESTABLISH THAT MR. … ]he decision whether to dismiss an indictment lies within the discretion of the trial court, and that exercise of discretionary authority ordinarily will not be disturbed on appeal unless it has been clearly

    Cited 0 timesUnpublished
  • KIRANDEEP KAUR VS. GARDEN STATE FUELS, INC. (L-1144-15, GLOUCESTER COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Apr 12, 2019

    That statute grants absolute immunity to employers from common law negligence suits by employees. Cellucci v. Bronstein, 277 N.J. Super. 506, 518 (App. Div. 1994); see also McDaniel v. Lee, 419 N.J. … "A survival action claim clearly does not arise" under the Wrongful Death Act. DeLane, 343 N.J. Super. at 235.

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY v. ALBERTO LOPEZ (15-01-0014, MERCER COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jul 15, 2022

    "Any error or omission shall be disregarded . . . unless it is of such a nature as to have been clearly capable of producing an unjust result." Ibid. … In any event, even if we were to accept that the court erred in admitting any portion of Detective McNally's testimony, defendant failed to establish that any such error was "clearly capable of producing an unjust result

    Cited 0 timesUnpublished
  • DCPP VS. L.T. AND J.L.-G. IN THE MATTER OF THE GUARDIANSHIP OF C.I.T.,J.D.T., AND K.M.T.(FG-12-79-16, MIDDLESEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED)(CONSOLIDATED)

    New Jersey Superior Court Appellate Division · Jun 22, 2017

    The evidence in the record clearly and convincingly establishes prong one as to John. Both John and Laura, over a three-year period, failed to remediate their homelessness and unemployment. … In addition, John was not qualified for DVR benefits because he did not complete WorkFirst and his visa was about to expire.

    Cited 0 timesUnpublished
  • State of New Jersey v. Tony Canty

    New Jersey Superior Court Appellate Division · Apr 22, 2024

    A-1729-22 13 "Ignorance of the law and rules of court does not qualify as excusable neglect," State v. Merola, 365 N.J. Super. 203, 218 (Law Div. 2002), aff'd, 365 N.J. … facts in support of this claim and only broadly claimed trial counsel was ineffective trial and appellate courts are empowered . . . to acknowledge and address trial error if it is 'of such a nature as to have been clearly

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY VS. NATHAN INGRAM STATE OF NEW JERSEY VS. ASHLEY D. BAILEY (15-11-3407, CAMDEN COUNTY AND STATEWIDE) (CONSOLIDATED)

    New Jersey Superior Court Appellate Division · Jan 8, 2021

    That was clearly opened by the defense in the direct testimony of [Bailey]. … Reading the charge as a whole, it is clear that the drug organization qualified as a potential beneficiary as an extension of Bailey, given her personal interest in its success and involvement with her husband.

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY VS. JAMAAL CAMPBELL (14-12-3442, ATLANTIC COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Sep 13, 2017

    Barber was qualified as an expert in the areas of organized criminal gang activity and firearms. … The burden of proof rests with the juvenile to show "clearly and convincingly that a prosecutor abused his or her discretion[.]"

    Cited 0 timesUnpublished
  • State of New Jersey v. Gabriel T. Matos

    New Jersey Superior Court Appellate Division · Aug 4, 2025

    Hill, 121 N.J. 150, 163 (1990) ("[T]o qualify as fresh complaint, the victim's statements to someone [they] would ordinarily turn to for support must have been made within a reasonable time after the alleged assault and … We therefore conclude defendant failed to establish plain errors warranting reversal. See R. 2:10-2.

    Cited 0 timesUnpublished
  • MARGARET ANNA CUSACK CARE CENTER, INC., ETC. VS. SHARON WILLIAMS (L-3667-18, HUDSON COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Dec 22, 2021

    "Establishing those elements is a heavy burden." Galik v. Clara Maass Med. Ctr., 167 N.J. 341, 357 (2001). … Plaintiff's complaint clearly stated the charges would increase at a daily rate, and the bill reflected room and board and late fees from the complaint's filing to Williams's discharge in January 2019.

    Cited 0 timesUnpublished
  • Dcpp v. D.A. and L.A., in the Matter of the Guardianship of I.E. and H.E.

    New Jersey Superior Court Appellate Division · Oct 25, 2023

    Based on our review of the record and applicable law, we are satisfied the evidence in favor of the guardianship petition supports the judge's finding that the Division established the challenged second prong, i.e., "[t … On remand, the judge should consider whether adoption or a KLG-type custodial arrangement with the maternal relatives in Dubai is feasible under UAE law after considering the testimony from a qualified expert; and whether

    Cited 0 timesPublished
  • L.W. VS. A.W. (FV-14-0323-15, MORRIS COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Mar 7, 2019

    a single sufficiently egregious action may constitute domestic violence even if there is no history of abuse between the parties, a court may also determine that an ambiguous incident qualifies … Here the record clearly reflects that the fees were the direct result of domestic violence, they were presented by way of the required affidavit, and the judge's findings in favor of plaintiff in granting her an FRO clearly

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY v. BLAKE CLAY (18-02-0118, UNION COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Aug 10, 2022

    The State did not proffer Zaitz's testimony to establish the loss amounts from the Edison Walmart on February 23 or March 19, 2016, when defendant was arrested, or to establish the loss amounts from Target. … Here, in qualifying Zaitz as an expert, the judge properly concluded Zaitz's testimony satisfied N.J.R.E. 702 and 703.

    Cited 0 timesUnpublished
  • AHMED HASSAN VS. ROLAND WILLIAMS (L-0213-16, OCEAN COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Apr 13, 2021

    Their statements still qualify as those of a party-opponent under the rule, because personal knowledge is not required. See Parker v. Poole, 440 N.J. Super. 7, 19 (App. … The excluded evidence was clearly capable of convincing the jury to assign slightly more responsibility to Williams and slightly less to Hassan.

    Cited 0 timesUnpublished
  • HPT TA PROPERTIES TRUST, ETC. VS. BLOOMSBURY BOROUGH (TAX COURT OF NEW JERSEY)

    New Jersey Superior Court Appellate Division · Jun 23, 2020

    Plaintiff's evidence of value came from its expert, Joseph Hiller, who was qualified without objection as a real estate appraisal expert. … A trial court may not simply provide naked conclusions, but "must state clearly its factual findings and correlate them with the relevant legal conclusions." Curtis v.

    Cited 0 timesUnpublished
  • State of New Jersey v. George E. Norcross, III

    New Jersey Superior Court Appellate Division · Jan 30, 2026

    "Our interpretation of a statute is guided by well-established principles." State v. Oliver, 482 N.J. Super. 401, 418 (App. Div. 2025). … Finding Redd's actions between 2013 and 2016 "clearly time-barred," the court concluded, "[a]ll she did after June 2017 was finish her term and get a job."

    Cited 0 timesPublished
  • IN THE MATTER OF DAVID NILAND, ETC. (NEW JERSEY CIVIL SERVICE COMMISSION)

    New Jersey Superior Court Appellate Division · Mar 16, 2022

    Additionally, even assuming, arguendo, that the appellant is more qualified for the position at issue, Clifton still has selection discretion under the "Rule of Three" to appoint a lower-ranked eligible absent any unlawful … A-1775-20 10 "We will not set aside the determination of an administrative agency" unless the challenger clearly demonstrates that the decision was "arbitrary, capricious, unsupported

    Cited 0 timesUnpublished
  • In the Matter of the Guardianship of C

    98 N.J. Super. 474 · New Jersey Superior Court Appellate Division · Nov 20, 1967

    However, where a court determines that the mother is unfit it may award custody and control of such child in such manner as established prior to the enactment of this law. See Baker v. Baker, sufra. … Clearly, if it had intended that the father had no such right it would have used the word “mother.”

    Cited 14 timesPublished
  • DCPP VS. Y.M. AND T.S., IN THE MATTER OF S.B. (FN-01-0223-17, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Oct 8, 2019

    Here, based on our review of the record, we conclude Yolanda failed to establish both prongs of the Strickland/Fritz test. … offered under N.J.R.E. 803(c)(6), N.J.S.A. 9:6–8.46(a)(3), Rule 5:12– 4(d), or Cope, statements in the report made by any other person are inadmissible hearsay, unless they qualify

    Cited 0 timesUnpublished

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