Case law
Opinions from 1658 to today.
5,442 results
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GINA RILEY VS. BOARD OF TRUSTEES, ETC. (TEACHERS' PENSION AND ANNUITY FUND)
New Jersey Superior Court Appellate Division · Nov 10, 2021
"A teacher with a disabling mental condition may qualify for ordinary disability retirement benefits." Ibid. … If the Board rejects the ALJ's findings, it must "state clearly the reasons for doing so." N.J.S.A. 52:14B-10(c).
Cited 0 timesUnpublishedWells Fargo Bank, Na, Etc. v. Ralph Schiano
New Jersey Superior Court Appellate Division · Jul 21, 2025
They assert that defendants' counterclaim, which contested plaintiff's attempt to correct a mistaken discharge, was a qualifying proceeding under … The court further indicated "[t]his clearly was an attack on plaintiff's security interest."
Cited 0 timesUnpublishedSamuel R. Young v. Melissa M. Young
New Jersey Superior Court Appellate Division · Feb 3, 2026
It is also well-settled that parties may include an anti-Lepis clause in a MSA reasonably limiting the circumstances that could qualify as a change in circumstances sufficient to modify an alimony obligation. Quinn v. … An anti-Lepis clause, however, must clearly state that the change-of-circumstances standard does not apply, or detail how the parties intend to handle modification of alimony requests. See, e.g., Morris, 263 N.J.
Cited 0 timesUnpublishedChristopher Regan v. Brad Conway
New Jersey Superior Court Appellate Division · Apr 7, 2025
Rather, "the arbitrator[] must have clearly intended to decide according to law, must have clearly mistaken the legal rule, and that mistake must appear on the face of the award." … [as] established by the[] . . . [AAA's] rules, except the time for making the award."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 26, 2019
The judge qualified the first witness, Dr. Roger Harris, as a psychiatrist. … And on that question, established case law has addressed the reliability of actuarial tests.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 5, 2022
N.J.S.A. 2C:4-5(a) provides that "whenever there is reason to doubt the defendant's fitness to proceed, the court may on motion by the prosecutor, the defendant or on its own motion, appoint at least one qualified psychiatrist … the court did not establish a bona fide doubt about defendant's competence to stand trial.
Cited 0 timesUnpublishedMORRIS COUNTY VS. STATE OF NEW JERSEY, ETC. (L-0684-19, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 27, 2021
Medicaid is a "joint federal-state program . . . established by Title XIX of the Social Security Act to provide medical assistance on behalf of certain categories of persons whose income and resources are insufficient to … Plaintiff argued defendant had no authority to support the existence of any available administrative process but instead was "clearly attempting to create an arbitrary and unreasonable artificial administrative process
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. CHARLES JOHNSON (16-11-1721, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 15, 2022
The record establishes that the court instructed the jury to stop deliberating after defense counsel objected. … When there is no objection at trial, we review for plain error and only reverse if the absence of the instruction was "clearly capable of producing an unjust result." State v.
Cited 0 timesUnpublishedA.K.S. VS. M.V.M. (FM-09-0124-17, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)
New Jersey Superior Court Appellate Division · Mar 3, 2021
He and his dad have established their own rituals. Ay[.S.] no longer needs to rely upon the defendant for all his care." … [F]rom what I could see, clearly the child left, but she didn't come in and pull him out.
Cited 0 timesUnpublishedCindy Bolger Kashiwakura v. the Beasley Firm, LLC
New Jersey Superior Court Appellate Division · Jan 30, 2025
A-0867-23 4 obtained and filed the required affidavits of merit from appropriately qualified medical providers on behalf of plaintiff pursuant to N.J.S.A. 2A:53-27. … To establish proximate causation and damages in a legal malpractice action, a plaintiff must first establish causation in fact, which "requires proof that the result complained of probably would not have occurred 'but for
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. AAKASH A. DALAL (13-03-0374, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 15, 2021
The warrant authorized the seizure of computers and electronic equipment capable of storing data, as well as their analysis by a qualified forensic specialist. … The court found the information contained in the affidavit established probable cause for the search and seizure.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. MARC STEPHENS (XXX-XX-2017, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 30, 2019
However, we afford no special deference to a trial court's interpretation of the law and the legal consequences that flow from established facts. Manalapan Realty, L.P v. Twp. … Keller clearly had probable cause and a reasonable and articulable suspicion that defendant committed a motor vehicle offense in his presence to justify the stop.
Cited 0 timesUnpublishedState of New Jersey v. Donald Scurry
New Jersey Superior Court Appellate Division · Dec 28, 2023
However, severance was granted in Savage because it was a capital murder case involving the selection of a "death qualified" jury, for whom the selection process was different. Id. at 509. … The trial judge found no mitigating factors and concluded the aggravating factors clearly preponderated.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 22, 2022
Our Supreme Court has identified three categories that qualify under this exception: "'(1) important and novel constitutional questions; (2) informal or ex parte determinations of legal questions by administrative officials … On appeal, we review to determine whether the court's exercise of discretion was clearly abused. See Franklin Med. Assocs. v. Newark Pub. Sch., 362 N.J. Super. 494, 506 (App. Div. 2003).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 26, 2019
The harm may be established by "a delay in establishing a stable and permanent home." In re Guardianship of D.M.H., 161 N.J. 365, 383 (1999). … Although D.M. was not at home during the worker's visit with R.S., D.M. clearly stated her intention to adopt L.J.B. during the bonding evaluation conducted by Dr.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 2, 2020
Div. 2013) (holding that a parent's "continued drug use, lack of appropriate housing, and failure to attend treatment, clearly posed a risk to the children" and satisfied prong one of the best interests test). … "[T]o satisfy the fourth prong, the State 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 with both
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 1, 2019
Dyer's testimony as "clearly consistent with his wealth of knowledge, particularly in the field" of "attachment and bonding." According to the judge, Dr. … The Division worker offered to try to assist her in finding housing or a shelter, but [defendant] said she wouldn't qualify to get into a shelter.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. O.P.-B. (16-09-1503, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 6, 2022
If the application is approved, temporary immigration status can also be granted for qualifying family members. Id. at 5. … "Under that standard, we disregard any alleged error 'unless it is of such a nature as to have been clearly capable of producing an unjust result.'" Ibid. (quoting R. 2:10-2).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 28, 2017
Here, the DNA evidence clearly bore on defendant's denial of guilt and supported a claim of third-party guilt. … The court cited that the Burger King robbery did not involve a ski mask, Krigger identified defendant's photo as the robber, Krigger and the visitor identified defendant in court, and the cashier clearly described the
Cited 0 timesUnpublishedG.H., IV VS. C.H. (FM-04-0262-16, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Oct 25, 2018
The consent order also established an interim shared parenting plan, providing plaintiff with eight overnight visits in a two-week period. … The court also entered an order dissolving the civil restraints, and establishing parenting time for that year's Christmas holiday.
Cited 0 timesUnpublished
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