Case law
Opinions from 1658 to today.
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STATE OF NEW JERSEY VS. TONY ELI (15-10-1241. MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 4, 2020
The applicable standard of review of this evidential issue is well established. … Even if we were to adopt defendant's contentions of error, the alleged errors were not "clearly capable" of depriving him of a fair trial. R. 2:10-2.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 21, 2017
However, "if the trial court's conclusions are 'clearly mistaken or wide of the mark[,]' an appellate court must intervene to ensure the fairness of the proceeding." … She was well qualified, her testimony and written report addressed all the relevant issues, and her conclusions were firmly supported by the facts in the record.
Cited 0 timesUnpublishedDcpp v. E.A. and G.A., in the Matter of the Guardianship of K.A.
New Jersey Superior Court Appellate Division · Jan 24, 2025
"To 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 the … Lee acknowledged that Kaine clearly had a history of instability prior to his removal and that he displayed no remarkable sense of loss at not having a relationship with his parents. Dr.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 16, 2019
Alan Lee, who was qualified as an expert in clinical and forensic psychology, and conducted psychological and bonding evaluations of Yolanda, Lynn, Zachary, and the resource parents. … Schafer's unrebutted reports, establish that Yolanda lacked insight as to the gravity of the situation, the seriousness of Henry's injuries, and her role in creating those risks to the children.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 30, 2020
D'Urso was qualified as an expert in the field of psychology and is the section chief and supervising psychologist at the AHCH. Based on his review of Dr. … For the reasons noted, we are satisfied that even if it was error to admit the testimony, it was not clearly capable of producing an unjust result. R. 2:10-2.
Cited 0 timesUnpublishedLynette Johnson v. City of East Orange
New Jersey Superior Court Appellate Division · Jun 27, 2025
Moreover, this case hardly qualifies as one of such overwhelming equitable concern warranting the invocation of the doctrine of laches. … Further, the Tyler Court was clearly untroubled about opening a floodgate of older takings claims in Minnesota through its ruling.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 23, 2020
Spence asserts that the statement provided by the bystander qualifies as a dying declaration and excited utterance and should therefore be admitted. … A-3652-18T3 38 without a rational explanation, inexplicably depart[s] from established policies, or rest[s] on an impermissible basis." United States v.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 12, 2021
By way of example only, Chen's testimony failed to address that a large portion of plaintiff's work involved painting and $710,154.62 in carpeting, which indisputably do not qualify as capital improvements. … established, as evidenced by the parties use of the "+/-" symbol.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 1, 2022
Div. 2020) ("[A]ny contractual waiver of rights, including arbitration provisions, must reflect that the parties have clearly and unambiguously agreed to the terms."). … "To be arbitrable, a matter must qualify as one on which the parties may A-1303-20 15 negotiate.
Cited 0 timesUnpublishedGARY YERMAN VS. JAMES A. MORRIS, ESQ. (L-5380-16, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 27, 2020
Plaintiffs' counsel argued that Grundlock was not qualified to act as an expert because he had not personally handled a real-estate transaction recently and again requested that his testimony be barred. … They argued that an undisputed fact before the jury – Morris had not told plaintiffs about the skunk cabbage – established a deviation from the standard of care.
Cited 0 timesUnpublishedState of New Jersey v. Giovanni A. Pisaniello
New Jersey Superior Court Appellate Division · Jun 19, 2025
The applicable standards of review and legal principles on this issue are well established. … A trial court's error is disregarded on appeal unless it "clearly capable of producing an unjust result." R. 2:10-2.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. CONRAD R. SIPA (17-02-0211, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 6, 2021
Further, the record clearly shows the jurors were unanimous in finding that defendant used the knife and lamp but not the golf club. … To the contrary, the record clearly shows the trial court properly exercised its discretion in excluding testimony concerning Eelman's first report.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 23, 2017
Elfant's expert report, we conclude that it was clearly aimed at establishing the standard of post-operative care for a patient who has undergone hiatal hernia surgery … and establishing that defendant did not deviate from that standard.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 21, 2017
The facts were established at trial. … As the trial court correctly found, none of that evidence rose to the level of establishing insanity or a diminished capacity.
Cited 0 timesUnpublishedIn the Matter of Hartz Mountain Industries, Etc.
New Jersey Superior Court Appellate Division · Dec 9, 2024
"The flood hazard area of the A-4009-19 8 Hudson River was established using Method 2 (FEMA Tidal Method … Thonet also complained of Hartz's failure to accurately describe the project site and clearly identify its lots on the proposed site plan drawings.
Cited 0 timesUnpublishedJOHN FALAT, JR. VS. THE COUNTY OF HUNTERDON (L-0188-15, SUSSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 25, 2018
Div. 2006) (citation omitted) ("Clearly, the LAD was intended to prohibit discrimination in the context of an employer/employee relationship."). In Communications Workers of America v. … are insufficient to qualify as retaliatory conduct under the continuing violation doctrine.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 15, 2024
Further, the Bisbing Court instructed that in making "the sensitive determination of cause[, a court] must weigh the custodial parent's interest in freedom of movement as qualified by his or her custodial obligation, the … This argument lacks merit and is flawed because the guidelines establish a rebuttable presumption of support.
Cited 0 timesUnpublishedUnited Hearts Islamic Academy v. Zoning Board of the Township of Willingboro
New Jersey Superior Court Appellate Division · May 19, 2026
Div. 2000), it is "not appropriate" where "the record clearly compels a reversal of [a] [B]oard's action," N.Y. SMSA, 370 N.J. at 335. IV. … Dochney testified he saw only a "potential negative impact" related to parking and traffic, but notably qualified that concern when he stated, "he was in general agreement with Mr.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 5, 2026
A-3119-23 34 Thus, the first Cofield prong was satisfied because opportunity was clearly a critical factual issue in the case. … s testimony, we believe the error "is of such a nature as to have been clearly capable of producing an unjust result." R. 2:10-2.
Cited 0 timesUnpublishedState of New Jersey v. Murad S. Lampley
New Jersey Superior Court Appellate Division · Apr 21, 2026
Gamble, 218 N.J. 412, 424 (2014)), we are not bound by the trial court's interpretations of the legal consequences that flow from the established facts, Manalapan Realty, L.P. v. Twp. … this and say, yeah, you know and then later on as we're talking you feel like, you want to stop, then 3 This ambiguous invocation is analogous to one made in Johnson, where the officers were permitted to ask qualifying
Cited 0 timesUnpublished
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