Case law
Opinions from 1658 to today.
5,442 results
0.38s
New Jersey Superior Court Appellate Division · Mar 1, 2019
established such improper motives and arbitrariness. … Since the special master was not qualified to resolve this legal issue, he arrived at two separate valuations based on his research and the parties' submissions.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 5, 2020
Her testimony with regard to secrecy, helplessness, entrapment and retraction was clearly inadmissible under the holding in J.L.G. … The court's jury charge clearly and correctly stated the applicable burden of proof, and the jury is presumed to have followed that instruction. See State v.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. EDWARD RASKIN (18-07-0433, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 23, 2022
"A trial court's interpretation of the law, however, and the consequences that that flow from established facts are not entitled to any special deference. A trial court's legal conclusions are reviewed de novo." … "[T]o qualify as fresh complaint, the victim's statements to someone she would ordinarily turn to for support must have been made within a reasonable time after the alleged assault and must have been spontaneous and voluntary
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. CARLTON L. CLARK(13-05-1059, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 26, 2017
To be convicted, the defendant "must have established a continuing or regular supervisory or caretaker relationship with the child." Galloway, supra, 133 N.J. at 661. … In Buscham, the question was whether a gymnastics instructor could qualify as having supervisory power over the victim. Id. at 352-62.
Cited 0 timesUnpublishedFRANK TETTO VS. ST. CLARE'S HOSPITAL (L-2541-15, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 27, 2018
"[T]he defendant" clearly refers to a named defendant, and "that party" refers to "the defendant" a few words earlier. Ibid. … 2004), and similar language using "party" and "defendant" was in another Senate bill, S. 551, 7 (pre-filed for 2004). 16 A-5439-15T1 explained that section "establishes
Cited 0 timesUnpublished324 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Jul 2, 1999
The party seeking to introduce hypnotically refreshed testimony has the burden of establishing admissibility by clear and convincing evidence. Ibid. See also, State v. … O'Loughlin is clearly distinguishable from the present cases. Here defendant was not physically detained nor subjected to continuous police supervision for a substantial period of time prior to giving her statements.
Cited 9 timesPublishedNew Jersey Superior Court Appellate Division · Oct 20, 2017
"Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate court intervene and make its own findings to ensure that there is not a denial of justice." … The harm may be established by "a delay in establishing a stable and permanent home[.]" DMH, supra, 161 N.J. at 383.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. VINCENT LAING (11-01-0018, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 17, 2017
"A trial court's findings should be disturbed only if they are so clearly mistaken 'that the interests of justice demand intervention and correction.'" Id. at 244 (quoting State v. … The McNeely Court clarified that the dissipation of alcohol in the blood did not establish a per se exigency that permitted blood to be drawn from drunk driving suspects without a warrant. 569 U.S. at ___, 133 S.
Cited 0 timesUnpublishedNew Jersey Office of the Public Defender v. New Jersey Department of Law and Public Safety
New Jersey Superior Court Appellate Division · Apr 15, 2026
However, the county prosecutors were permitted to establish the specific reporting schedule. Id. at 62. … The contents of an internal investigation case file, including the original complaint, shall be retained in the internal affairs function and clearly marked as confidential.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JOSE L. NEGRETE (16-01-0121, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 22, 2019
the fact that, at the conclusion of the second trial, he had been acquitted of possession of a weapon for an unlawful purpose and unlawful possession of a handgun. 3 Defendant stated he had "no objection to at least a qualified … In particular, "when inadmissible evidence erroneously comes before the jury, an appellate court should not order a new trial unless the error was clearly capable of producing an unjust result." Ibid.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 3, 2022
"Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate court intervene and make its own findings to ensure that there is not a denial of justice." … Defendant fails to establish counsel was unaware of applicable statutes, or that her failure to raise a constitutional challenge demonstrates deficient performance affecting the outcome.
Cited 0 timesUnpublishedLOYLE, LLC VS. GREATER NEW YORK MUTUAL INSURANCECOMPANY(L-0669-11, CUMBERLAND COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 4, 2017
According to Klagholz, brokers are simply not qualified to determine appropriate policy limits. … We therefore discern no basis to conclude the challenged instruction was clearly capable of producing an unjust result. Bldg. Materials Corp. of Am. v. Allstate Ins. Co., 424 N.J. Super. 448, 487 n.14 (App.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. RHUMEIR D. MONEY (14-03-0691, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 21, 2021
We thus will reverse only if the testimony was "clearly capable of producing an unjust result." R. 2:10-2. … But viewed in the context of his entire testimony it was not "clearly capable of producing an unjust result." R. 2:10-2.
Cited 0 timesUnpublishedANY GARMENT UNION, LLC v. DRY CLEAN EXPRESS I, LLC (L-4367-18, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 27, 2022
Whether Borbolla would have qualified as such a purchaser is not relevant here. … As stated above, piercing the corporate veil can be established through a showing of fraud.
Cited 0 timesUnpublishedState of New Jersey v. William J. Silvers, III
New Jersey Superior Court Appellate Division · Nov 16, 2023
If, on the whole, those factors establish cause, the trial court "shall" remove the juror, as is required under the recently reinforced language of Rule 1:8-3(b). … When inadmissible evidence erroneously reaches the jury, new trials should not be ordered unless the error was "clearly capable of producing an unjust result." State v.
Cited 0 timesUnpublishedNEETI WADHWA VS. AMIT SETHI (FM-12-1299-11, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 16, 2021
Qualified Domestic Relations Orders (QDROs) were to be prepared for each 401K. Plaintiff was to receive one-half of the investment accounts, totaling $15,885.09. … "When a trial court issues reasons for its decision, it 'must state clearly [its] factual findings and correlate them with relevant legal conclusions, so that parties and the appellate courts [are] informed of the rationale
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 10, 2020
Before the jury, Angstreich was qualified as an expert in the field of legal malpractice. He is an attorney with experience in environmental law and Spill Act litigation. … Therefore, plaintiffs failed to establish any negligence on defendants' part that was a proximate cause of any damages.
Cited 0 timesUnpublishedJERRY DEAN RIVERA VS. STATE OF NEW JERSEY (L-0946-16, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 28, 2019
. 4 We similarly find that the trial court erred in its determination that plaintiff did not sufficiently deny his charged absences in response to defendants' statement of uncontested material facts, as defendant clearly … and performing the essential functions of the job; (3) that plaintiff was terminated; and (4) that the employer thereafter sought similarly qualified individuals for that job."
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 26, 2021
"[T]he mandate of public policy must be 'clearly identified and firmly grounded' and cannot be 'vague, controversial, unsettled [or] otherwise problematic.'" … A-4955-18 37 The motion judge ruled that Monk's decades of experience as an educational professional qualified him to testify as to "whether the [l]etter of [r]eprimand and
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. B.K.K. (14-10-3074, HUNTERDON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 17, 2020
And surely, there was clear and convincing evidence offered to establish the 'other crimes.'" Ibid. In State v. … D'Urso was qualified as an expert witness on CSAAS and testified consistent with his pretrial testimony at the Rule 104 hearing . Dr.
Cited 0 timesUnpublished
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