77 results for 'court:"New Jersey Appellate Division"'.
J. Mawla finds that the state agency properly declined to reconsider an order in which the board of public utilities established siting requirements for the competitive solar incentive program for projects that exceed use on covered agricultural land or the county's 5% concentration limits. The program limits are not contained in separate sections of the underlying regulation, and state- and county-wide limits on farmland construction are contained in separate sections. Affirmed.
Court: New Jersey Appellate Division, Judge: Mawla , Filed On: April 23, 2024, Case #: A-2232-22, Categories: Energy, Municipal Law
J. Sumners finds that the trial court properly dismissed legal malpractice claims brought by the borough of Englewood Cliffs stemming from an affordable housing lawsuit and properly imposed sanctions on the borough. The borough was not immune from sanctions for bringing a lawsuit that had been deemed frivolous, and the borough refused to settle the underlying litigation. Meanwhile, the borough failed to lay a foundation for civil conspiracy claims. Affirmed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: April 22, 2024, Case #: A-2765-21, Categories: Sanctions, Legal Malpractice
J. Currier finds that the trial court improperly allowed plaintiff to continue medical malpractice claims contending the patient suffered a deadly allergic reaction to medication because no basis existed for the judge to direct one of the physicians to certify that he prescribed allopurinol in his capacity as a gastroenterologist because that prescription was at the heart of the "care and treatment" at issue. Reversed.
Court: New Jersey Appellate Division, Judge: Currier , Filed On: April 18, 2024, Case #: A-3847-22, Categories: Medical Malpractice
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J. Gummer finds that the trial court improperly convicted defendant of a first-degree drug-induced death crime after selling heroin laced with fentanyl. The court should not have admitted a recording of the interrogation since police asked defendant about her cell phone and phone number before reading Miranda rights, and whether the toxicology expert was qualified to testify remains unclear. Reversed in part.
Court: New Jersey Appellate Division, Judge: Gummer , Filed On: April 9, 2024, Case #: A-3224-21, Categories: Drug Offender, Miranda, Experts
J. Rose finds that the trial court improperly granted the state's motion to involuntarily medicate defendant, who was charged with burglary and arson after setting ablaze a six-story apartment building under construction. Defendant had not exhausted all other forms of treatment, and it was not clearly demonstrated that another antipsychotic medication would interfere with defendant's ability to assist counsel. Reversed.
Court: New Jersey Appellate Division, Judge: Rose, Filed On: April 8, 2024, Case #: A-0467-23, Categories: Burglary, Competence, Arson
[Consolidated.] J. Vinci finds that the trial court improperly convicted two defendants of driving while intoxicated and other driving offenses because the court did not conduct hearings on the two cases and wrongfully held that counsel was required to request argument. Reversed.
Court: New Jersey Appellate Division, Judge: Vinci, Filed On: April 4, 2024, Case #: A-2054-22, Categories: Criminal Procedure, Dui
J. Sabatino finds that the board of education properly revoked a tenured teacher's license for unbecoming conduct because the teacher failed to demonstrate a constitutional violation, even though the tenure case had already been arbitrated, since the board provided formal written notice, and the teacher will get the chance to be heard at an administrative hearing. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: March 28, 2024, Case #: A-1280-22, Categories: Arbitration, Employment, Licensing
J. Smith finds that the trial court improperly mandated arbitration in claims contending a pain specialist was fired for reporting sexual harassment because the ambiguous arbitration agreement contained several clauses that rendered each other meaningless. Reversed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: March 25, 2024, Case #: A-1703-22, Categories: Arbitration, Employment
J. Vanek finds the trial court properly ruled in favor of the township, which had denied a cannabis retailer license to the store. The store has not shown the township acted arbitrarily in withholding support for the license application, and just because it had received a zoning permit did not guarantee it any other rights. Affirmed in part.
Court: New Jersey Appellate Division, Judge: Vanek , Filed On: March 18, 2024, Case #: A-1755-22, Categories: Municipal Law, Zoning
[Consolidated.] J. Gilson finds that the trial court improperly dismissed claims in which community organizers challenged the redrawing of six election wards by the commission because the claims were not untimely, and the court merely concluded the wards were considered "compact" under municipal law. However, evidence does not indicate the new wards purposely diluted votes from certain groups. Reversed in part.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 12, 2024, Case #: A-0356-22, Categories: Civil Procedure, Elections
J. Currier finds that the trial court properly declined to suppress evidence seized during a search of defendant's vehicle, which led to charges of possession of a controlled substance, because the officer smelled burnt marijuana during the traffic stop, and the search was performed within a reasonable time frame. Affirmed.
Court: New Jersey Appellate Division, Judge: Currier , Filed On: March 7, 2024, Case #: A-2800-21, Categories: Drug Offender, Search
[Consolidated.] J. Gilson finds that the trial court properly dismissed claims contending pharmaceutical companies used free nurse and reimbursement support services to market drugs in order to submit inflated Medicare and Medicaid claims because the health centers lacked standing to act as relators, and the claims are nearly identical to similar federal complaints filed in Texas. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 1, 2024, Case #: A-2731-20, Categories: Medicaid, Medicare, False Claims
[Consolidated.] J. Sumners finds that the trial court improperly subjected an out-of-state non-profit national youth organization to state court jurisdiction in underlying sexual abuse complaints because the organization did not avail itself of state benefits. That is not changed by the fact that specific youth groups had contact with the organization and paid membership dues. Reversed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: February 28, 2024, Case #: A-3720-22, Categories: Negligence, Jurisdiction
J. Susswein finds that the trial court improperly suppressed evidence in defendants' trial on DUI charges brought after police discovered a half empty bottle of cognac on the passenger side floor and a loaded handgun in the vehicle. On-scene searches of vehicles destined for impoundment are not prohibited, and defendants do not dispute that the police had probable cause to search the vehicle. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: February 23, 2024, Case #: A-3844-22, Categories: Search, Dui
J. Gilson finds that the trial court properly allowed defendant's criminal prosecution to proceed on charges concerning various gang-related activities associated with the "Golden State" gang. The entire office need not be disqualified due to a single prosecutor's prior representation of defendant, and county prosecutors are subject to the control of the state attorney general. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: February 21, 2024, Case #: A-0291-33, Categories: Prosecutorial Misconduct, Gangs
J. Chase finds that the trial court properly applied electric vehicle parking credits in evaluating a developer's concept plan because the total number of calculated spaces should not be rounded to the next whole parking spot when doing so would exceed the 10% credit maximum. Affirmed.
Court: New Jersey Appellate Division, Judge: Chase , Filed On: February 20, 2024, Case #: A-1102-22, Categories: Municipal Law, Property
J. Smith finds that the trial court properly dismissed claims contending the university fired a tenured professor without following procedures outlined in the faculty handbook because the court was allowed to seek supplemental submissions on the board's decision-making process, and the teacher had the right to contest evidence presented in the case. Affirmed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: February 16, 2024, Case #: A-0089-22, Categories: Civil Procedure, Employment Discrimination
[Consolidated, redacted.] J. Marczyk finds that the state agency failed to calculate the assessment for unemployment compensation for court reporting and legal transcription companies because the legislative history clearly established that the state intended to dispense with the requirements to establish a Federal Unemployment Tax Act exemption for calculation purposes. Reversed.
Court: New Jersey Appellate Division, Judge: Marczyk, Filed On: February 12, 2024, Case #: A-1500-21, Categories: Employment, Labor
J. Mawla finds that the trial court improperly denied the husband's motion to amend his answer to the wife's divorce complaint to include a counterclaim for divorce on grounds of extreme cruelty. The ability to amend a pleading should not be denied because it could exacerbate the rapport between the parties. Furthermore, the case was not too advanced to disallow the amendment, as the parties did not have a trial date, discovery was still outstanding, and the case is complex. Reversed.
Court: New Jersey Appellate Division, Judge: Mawla, Filed On: February 9, 2024, Case #: A-0434-23, Categories: Family Law
J. Natali finds that the trial court improperly admitted evidence from a police stop in defendant's trial on weapons charges brought after he was stopped by police for driving a vehicle with tinted windows. A new rule that required officers to determine if tinting inhibited their ability to see the occupants of the vehicle was improperly applied retroactively.
Court: New Jersey Appellate Division, Judge: Natali , Filed On: February 7, 2024, Case #: A-1767-22, Categories: Criminal Procedure, Weapons, Vehicle
J. Whipple finds that the agency properly denied the request for an adjudicatory hearing related to its prior decision to rescind a "remediation in progress" waiver on a property formerly used to manufacture automobile batteries. The RIP waver did not suspend the need to remediate an industrial establishment, and the company lacked legitimate grounds for the continued delay of remediation of the site. Affirmed.
Court: New Jersey Appellate Division, Judge: Whipple , Filed On: February 5, 2024, Case #: A-0511-22, Categories: Environment
J. Puglisi finds that the trial court properly declined to terminate sex offender registration requirements for defendant, who now resides in Montana. Defendant does not plan to work or reside in New Jersey and thus is not required to register in that state, but he is required to register in Montana due to his prior conviction for failing to register. Affirmed.
Court: New Jersey Appellate Division, Judge: Puglisi, Filed On: January 31, 2024, Case #: A-0380-22, Categories: Sex Offender
J. Rose finds municipalities improperly sought to demand that the governor fill long-standing vacancies on the housing council. While the state legislature expected the governor would make appointments, the executive is not obligated to do so within a certain time period. Further, the relief being sought is not ministerial and cannot be addressed via mandamus.
Court: New Jersey Appellate Division, Judge: Rose , Filed On: January 23, 2024, Case #: A-0050-22, Categories: Administrative Law, Housing, Agency
J. Sabatino finds that the trial court properly heard claims contending a Utah company refused to refund a deposit to a pet product supplier after a trade show was postponed due to the Covid-19 pandemic because the Utah company repeatedly solicited business from pet companies in New Jersey, and the original pet company contacted the Utah company years before the transaction at issue.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: January 17, 2024, Case #: A-0429-23, Categories: Jurisdiction, Contract
J. Smith finds that the trial court properly barred expert testimony as net opinion in claims in which an electric utility contends a fire started under a boardwalk after sustaining damage during Hurricane Sandy. The utility did not owe a duty to inspect customer-owned equipment before re-energizing, as such would require redundant inspections after a locations have been deemed safe. Affirmed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: January 9, 2024, Case #: A-1797-21, Categories: Energy, Negligence