Search Results
| Case name | Citation | Summary |
| [New Jersey] State v. Domingo R. Medina | 1996/12/05 | Docket No: SYLLABUS click here to get this docume |
| [New Jersey] Hernandez v. Region Nine Housing Corp. | 1996/11/26 | Docket No: SYLLABUS An adverse determination by the EEOC does not preclude the filing of suit in Superior Court on a claim arising from the same facts. |
| [New Jersey] IMO John P. Doyle, An Attorney at Law | 1996/11/22 | Docket No: SYLLABUS Doyles conduct while representing Kathryn in the preparation of her power-of-attorney, her wills and her estate plan constituted a conflict of interest and gross neglect in violation of RPC 1.7, RPC 1.4, RPC 5.4(c) and RPC 1.1(a). In addition, Doyles conduct in the purchase of the Drum Point property from John constituted both a conflict of interest and a prohibited business transaction with a client in violation of RPC 1.7 and RPC 1.8. Doyles misconduct warrants a six-month suspension. |
| [New Jersey] WHS REALTY CO. V. THE TOWN OF MORRISTOWN | 1996/11/20 | Docket No: SYLLABUS click here to get this docume |
| [New Jersey] SSI MEDICAL SERVICES, INC. v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES | 1996/11/20 | Docket No: SYLLABUS In the absence of any administrative rule or regulation to the contrary, the traditional preponderance of the evidence standard applies to administrative agency matters. In order to raise a presumption of mailing and receipt and meet the preponderance of the evidence standard, evidence of office custom requires other corroboration that the custom was followed in a particular instance. |
| [New Jersey] IMO F. William LaVigne | 1996/11/15 | Docket No: SYLLABUS Respondents commission of multiple ethics offenses, which included engaging in an impermissible conflict of interest in violation of RPC l.7(b) and (c) and RPC 1.8, failing to safeguard client funds and to deliver those funds to third persons entitled to receive them in violation of RPC l.l5(a) and (b) and engaging in a pattern of deceit and dishonesty in violation of RPC 8.4(c), warrant the imposition of a three year suspension from the practice of law. Respondent shall also arrange to satisfy the judgment for punitive damages in favor of his clients. |
| [New Jersey] State v. Bruce Wallace | 1996/11/13 | Docket No: SYLLABUS The assistant prosecutors evaluation and denial of defendants application for admission to the Pre-trial Intervention Program did not amount to a clear error of judgment. |
| [New Jersey] Strasenburgh v. Straubmuller | 1996/10/23 | Docket No: SYLLABUS A corporation may rescind its corporate action after appraisal rights have vested only within a reasonable time after the effective date of the corporate action. Amendments to the BCA that deny appraisal rights in transfers to wholly-owned subsidiaries may be applied retroactively only upon a careful factual analysis that establishes both that it was the Legislatures intent to apply the statute retroactively and that retroactive application of the statute will not result in either an unconstitutional interference with vested rights or a manifest injustice to the party adversely affected by such application. Election of the appraisal remedy is exclusive only if that remedy will provide the aggrieved parties with a sufficient recovery of the value of their shares. The essential nature of the injuries claimed by the dissenting shareholders consists of a diminution in share value, which was an injury suffered by all shareholders and is, therefore, derivative. |
| [New Jersey] IN RE: INQUIRY OF EVAN W. BROADBELT, J.M.C. | 1996/10/10 | Docket No: SUPREMECOURTSYLLABUS Television appearances by a municipal court judge as a commentator on pending cases in other jurisdictions violates Canons 3A(8) and 2B of the Code of Judicial Conduct. |
| [New Jersey] Cohen v. Radio-Electronics | 1996/08/14 | Docket No: SYLLABUS Consistent with considerations of fairness and reasonableness, clients may limit their right to discharge a lawyer by agreeing to give the lawyer reasonable notice of termination of their relationship. To withstand judicial scrutiny, the limitation should be fair, reasonable, and not unduly burden the clients right to choose its attorney. |
| [New Jersey] Sheffield v. Schering Plough Corp. | 1996/08/09 | Docket No: SYLLABUS The private plan disability and medical benefits provided to Lodean Sheffield pursuant to Schering Plough Corporations scheme of compensation for disabled employees constituted payments of compensation within the meaning of the Workers Compensation Act. Because Sheffield filed her claim petitions within two years of receiving payments constituting payments of compensation under the Act, the court erred in dismissing her petitions as time barred. |
| [New Jersey] State v. Donald Loftin | 1996/08/08 | Docket No: SYLLABUS Defendants murder conviction and death sentence are affirmed. |
| [New Jersey] State v. Jacinto K. Hightower | 1996/08/08 | Docket No: SYLLABUS Because of juror misconduct that exposed the jury to extraneous influences, defendants death sentence is reversed, and the matter is remanded for a new penalty trial. |
| [New Jersey] State v. Winston Roach | 1996/08/07 | Docket No: SYLLABUS The prosecutors use of conflicting theories regarding the commission of the crimes in separate criminal proceedings against the co-defendants did not violate Winston Roachs right to a fair trial. Moreover, the record in this case does not present an acceptable justification of the disparity in Roachs sentence in light of the sentence imposed on his co defendant. |
| [New Jersey] IMO D.C. | 1996/08/06 | Court: Superior Court of New Jersey Docket No: SYLLABUS Through the 1994 amendments to the civil commitment statute, the Legislature intended to enact remedial legislation to effectuate its purpose to confine persons who are found to be dangerous due to mental illness. It did so by clarifying the standards applicable to all persons suffering from mental illness; it thereby reaffirmed but did not change existing law. It authorized the Attorney General to initiate commitment proceedings in the interest of public safety by obtaining a psychiatric examination, thereby codifying existing common-law powers of the AG. Finally, it clearly intended that the law apply retroactively to released convicted sexual offenders. |
| [New Jersey] IMO Commitment of N.N. | 1996/08/05 | Docket No: SYLLABUS A standard that would authorize the involuntary commitment of a minor under fourteen years of age requires: 1) a showing that the minor is mentally ill, as defined in terms of childhood mental illness; 2) a demonstration that the child is in need of intensive, institutional psychiatric treatment that cannot be provided in the home, the community or on an out-patient basis; 3) a determination that, due to mental illness, the minors condition poses a danger to that minor or to others, which may include the substantial likelihood of significant developmental harm if that treatment is not provided; and 4) that the above prerequisites for involuntary commitment be established by clear and convincing evidence, determined by specific and particularized findings of fact. |
| [New Jersey] All American Auto Salvage v. Camp's Auto Wreckers Citibank, South Dakota, N.A. v. Lisa A. Coffey | 1996/08/01 | Docket No: none First Fidelity does not have a security interest in the depositors accounts. Until such time as the Legislature addresses the issue, considerations of equity and economic realities support recognition of a banks common-law right to set off a reasonable processing fee against a deposit account, even after the creditor has levied on the account. |
| [New Jersey] State Farm Mutual Automobile Insurance Company v. Licensed Beverage Insurance Exchange | 1996/07/31 | Docket No: SYLLABUS The reimbursement right conferred by N.J.S.A. 39:6A-9.1 encompasses all tortfeasors that are not subject to the No-Fault Law. |
| [New Jersey] IN THE MATTER OF THE REGISTRANT, C.A. | 1996/07/31 | Docket No: SYLLABUS Balancing C.A.s procedural due process rights and the right to fundamental fairness with the communitys right to protect itself against the risk of re-offense, C.A.s prior nonconviction offense may be considered in determining his tier classification and the State may prove that offense solely by reliable documentary hearsay evidence. C.A. presented sufficient evidence to create a material factual question about the nature and circumstances of the offense that may have had a significant effect on his Tier classification. In addition, the Registrant Risk Assessment Scale is a reliable and useful tool that the State can use to establish its prima facie case concerning a registrants tier classification and manner of notification. The procedures provided in a civil hearing concerning a registrants tier classification and manner of notification together with the requirement for judicial review of those decisions adequately protect the registrants rights to procedural due process and to fundamental fairness. |
| [New Jersey] The R.C. Maxwell Company v. Galloway Township | 1996/07/30 | Docket No: SYLLABUS Wooden billboards are not taxable as real property because they fall under the tax exemption of N.J.S.A. 54:4-1(a). |