47 results for 'court:"New Jersey Supreme Court"'.
J. Wainer Apter finds that the appellate division properly upheld a protective order entered against defendant based on accusations that he had non-consensual sexual contact with an intoxicated woman. The trial court and appellate division both held that the "possibility of future risk" included "something emotionally unwelcome" and found the victim's testimony credible, while defendant's testimony was found not credible. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: April 22, 2024, Case #: A-47-22, Categories: Restraining Order, Assault
J. Patterson finds that the appellate division properly dismissed claims contending the County Prosecutors of New Jersey constitutes a public agency subject to public records requests because a prosecutor is not a "political subdivision" of the state, and no statute or regulation requires nonprofit associations to maintain the requested documents. Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: April 17, 2024, Case #: A-33-22, Categories: Public Record
J. Fasciale finds that the appellate division improperly dismissed claims in which neurosurgeons contend a hospital failed to negotiate in good faith and granted other neurosurgeons exclusive rights when a new hospital opened, as the challenge to exclusive rights privileges were not "subsumed" by the implied covenant claim, and plaintiffs plausibly claimed an implied contract had been entered. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: April 16, 2024, Case #: A-52-22, Categories: Contract
Per curiam, the New Jersey Supreme Court finds that the appellate division properly overturned an order limiting testimony from the alleged eight-year-old victim in defendant's trial for sexually molesting the child during music instruction. The child's video statement was testimonial, and defendant's right to confront witnesses did not depend on the victim's ability to recall details six years later. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: March 26, 2024, Case #: A-13-23, Categories: Confrontation, Sex Offender, Child Victims
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J. Solomon finds that the appellate division improperly allowed plaintiffs to continue class claims contending a company offered "illusory discounts" to Aeropostale shoppers by making fake markdowns. While the shoppers adequately pleaded deceptive conduct, ascertainable loss had not been proven, and nothing indicated the shoppers tried to return the items or that the clothing had any kind of defect. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: March 25, 2024, Case #: A-50-22, Categories: Fraud, Consumer Law, Class Action
[Consolidated.] J. Rabner finds that the appellate division improperly dismissed a counterclaim contending the condo association wrongfully denied a disabled tenant an emotional support animal because the resident was entitled to seek accommodations to the pet policy, and nothing disputed that his wife suffered several mental health conditions. Meanwhile, the chancery court dismissed the claim without addressing whether the accommodation was unreasonable.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: March 13, 2024, Case #: A-60-22, Categories: Ada / Rehabilitation Act, Landlord Tenant
J. Pierre-Louis finds that the appellate division properly remanded the issue of whether a bullet extracted from defendant's body during a surgical procedure was admissible in his attempted murder trial because the state had applied for a search warrant, and the bullet constituted physical evidence related to criminal offenses. Affirmed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: March 5, 2024, Case #: A-34-22, Categories: Murder, Search
J. Pierre-Louis finds that the appellate division properly compelled discovery in claims stemming from a fatal shooting. A witness says he was kidnapped and forced to copy a written affidavit recanting statements made to police in which he identified defendant as the shooter, and thus defendant cannot invoke the fifth amendment since the alleged affidavit was not self-incriminating. Affirmed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: March 5, 2024, Case #: A-39-22, Categories: Witnesses, Self Incrimination, Discovery
J. Solomon finds that the appellate division improperly vacated an arbitration decision entered against a teacher in claims contending she fell down a staircase. Security footage caught the teacher placing a piece of paper on the floor, and state law neither limits nor addresses penalties that may be imposed by an arbitrator. Here, the arbitrator did not exceed his powers by demoting the teacher. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: February 12, 2024, Case #: A-45-22, Categories: Arbitration, Employment
J. Patterson finds that the appellate division properly allowed plaintiff to continue claims seeking insurance coverage for business losses sustained by a casino during the Covid-19 pandemic because the casino failed to establish losses occurred in part due to physical damage, and the contamination exclusion did not reference "viruses" or "pathogens." Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: January 24, 2024, Case #: A-28-22, Categories: Insurance, Covid-19
J. Wainer Apter finds the appellate division improperly ruled that defendant, who was charged with carjacking, had potentially conducted witness tampering when he sent a letter to the victim asking her to tell the truth. The letter did not contain any threats, and the state did not prove that defendant intended the witness to testify falsely or withhold information. Reversed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 18, 2024, Case #: A-41-22, Categories: Theft, Witnesses
J. Solomon finds that the appellate division properly admitted handguns, ammunition, narcotics, and cash that had been discovered in a suitcase defendant left outside a train station while being pursued by police because defendant abandoned the suitcase in a public place by fleeing the scene to avoid lawful arrest. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: January 17, 2024, Case #: A-31-22, Categories: Drug Offender, Search, Weapons
J. Wainer Apter finds that the appellate division should have upheld defendant's conviction for making terroristic threats after he told a police officer to "worry about a head shot" and posted to Facebook that he knows "where all you motherfu$kers live" because the statements were understood to constitute threats of violence, and the trial court correctly instructed the jury on the components of charge. Reversed in part.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 16, 2024, Case #: A-20-22, Categories: Jury, Threats, Terrorism
J. Fasciale finds that the appellate division should have dismissed class claims contending a senior living facility misrepresented its refund policy for resident entrance fees because the allegations did not relate to misrepresentations about food served at the facility, and thus statute cited in the motion to dismiss did not apply. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale, Filed On: January 10, 2024, Case #: A-37-22, Categories: Fraud
J. Rabner finds that the appellate division improperly upheld defendant's conviction for attempted passion provocation manslaughter based on charges that he shot a bar security guard following an argument because the fact that defendant's mugshots had been shown to witnesses prior to trial had not been disclosed to defense counsel.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: January 8, 2024, Case #: A-29-22, Categories: Manslaughter, Witnesses, Identification
Per curiam, the appellate division finds that the appellate division properly upheld the agency ruling that a former police officer was not exempt from health benefits premium-sharing obligations because neither the officer's service nor his purchase of four years of military service credit would have qualified him for such. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: December 14, 2023, Case #: A-27-22, Categories: Pensions
Per curiam, the appellate properly directed the trial court to dismiss a criminal complaint brought against defendant, who had been found guilty sexual assault. The victim was found dead 1990, and DNA evidence had been linked to defendant in 2021, resulting in his being charged in 2022. Thus, the claims are time-barred, and 2002 amendments expanding the statute of limitations do not apply retroactively. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: December 13, 2023, Case #: A-53-22, Categories: Criminal Procedure, Dna, Sex Offender
J. Fasciale finds that the appellate division properly granted plaintiff workers' compensation stemming from injuries he sustained in a car collision while driving his truck to pickup supplies because plaintiff was acting in the course of his employment, and not merely commuting, when the accident occurred. Affirmed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: November 21, 2023, Case #: A-30-22, Categories: Workers' Compensation
J. Solomon finds that the appellate division should have allowed the prosecution to admit defendant's statements in her trial on assault by auto charges brought after she drove into two police cruisers and a police officer. While being held in custody at the hospital, defendant said she "only had two shots prior to the crash," at which point she had not been subjected to custodial interrogation. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: November 20, 2023, Case #: A-36-22, Categories: Miranda, Assault, Dui
J. Patterson finds that the appellate division properly upheld the decision that children should remain with their resource families after they were removed from the mother's care following domestic abuse. The trial court found the children had an indifferent view of their natural mother, and the state had not removed requirements to consider the relationship with the resource family. Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: November 16, 2023, Case #: A-44-22, Categories: Family Law
J. Sabatino finds that the appellate division improperly convicted defendant of drug-impaired driving based on the testimony of a drug recognition expert because the expert examination contained some risk of confirmation bias and thus should not have been used as a per se test of guilt.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: November 15, 2023, Case #: A-56-18, Categories: Dui, Experts
J. Wainer Apter finds that the appellate division improperly found for the school district in claims contending a 76-year-old school bus aide sexually assaulted a pre-kindergarten student and other children. That the aide may have touched the genitals of both boys and girls on the bus did not preclude liability for sexual harassment or provide a defense for alleged sex discrimination or harassment. Reversed in part.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: September 12, 2023, Case #: A-24-22, Categories: Education, Negligence
J. Pierre-Louis finds that the appellate division improperly denied in-person interpretation services for defendant, a native speaker of Kaqchikel, in his sexual assault trial because the court's language access plan was amended to assure the assumption of in-person interpreting services in criminal jury trials, and the use of remote services should be approved by the assigned or presiding judge. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre=Louis, Filed On: August 15, 2023, Case #: A-32-22, Categories: Criminal Procedure, Confrontation, Fair Trial
J. Solomon finds that the appellate division improperly ruled against a Catholic school accused of firing an art teacher and toddler room caregiver for getting pregnant while unmarried because the school was following church prohibitions on premarital sex, which is protected under an exception in state employment law, even if other employees had not been surveyed for transgressions against the faith.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: August 14, 2023, Case #: A-63-20, Categories: Constitution, Employment
J. Wainer Apter finds the appellate division properly upheld the ruling that the county officials were 60% liable for the suicide of the husband in the jail cell. The jury could have determined the county was partially responsible due to the husband’s suicide note and did not appropriately examine whether the person was hazardous to himself or others. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: August 10, 2023, Case #: A-1-22, Categories: Negligence, Wrongful Death
J. Wainer Apter finds the appellate division properly allowed defendant, who was driving well over the speed limit and found with a blood alcohol content of 0.376% when he crashed and killed his passenger, to be retried on aggravated manslaughter and death by automobile counts. While the blood drawn was not defendant's, the other charges may be retried without violating double jeopardy laws because the mistake in using another person's blood was unintentional and does not affect the charges that don't involve the blood alcohol level. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: August 9, 2023, Case #: A-22-22, Categories: Double Jeopardy, Vehicular Homicide
J. Patterson finds the appellate division improperly upheld the application to terminate alimony in the divorce proceedings. The parties' property settlement agreement was enacted before a new state law took effect, and the ex-husband had presented evidence of cohabitation. Reversed.
Court: New Jersey Supreme Court, Judge: Patterson, Filed On: August 8, 2023, Case #: A-25-22, Categories: Family Law
J. Rabner finds the appellate division properly reinstated the indictment for bribery of defendant, who was a mayoral candidate and allegedly accepted $10,000 in cash in a paper bag to appoint that person as the city's tax counsel. The argument that the state's anti-bribery statute does not apply to political candidates or candidates or who are not elected is precluded by the statute's no-defense provision. Further, an ordinary person would understand the statute does not allow a candidate to accept cash in a paper bag in exchange for a future appointment. Affirmed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: August 7, 2023, Case #: A-17-22, Categories: Bribery
J. Fasciale finds the appellate division improperly affirmed the decision by the parole board that the parolee reside at the residential treatment program following his sentence for drug offenses. Such residential treatment could be completed during incarceration, and the parolee had already fully complied with the legislatively imposed process for his release. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: August 3, 2023, Case #: A-26-22, Categories: Parole