Search Results
| Case name | Citation | Summary |
| [New Jersey] STATE v. CAMERON JACK | 1996/05/29 | Docket No: SYLLABUS To secure a new juvenile waiver hearing, a juvenile must make a prima facie showing that there was genuine evidence of a statutorily-relevant potential for rehabilitation that was not presented to the juvenile court due to the ineffective assistance of counsel. If such a showing is made, the appellate court may order a remand to the juvenile court for further proceedings to assess the attorneys reasons for not providing the evidence, and whether there was any reasonable likelihood that the waiver decision would have been different had the evidence been presented. Only after both tests have been met should there be a new plenary hearing on waiver. |
| [New Jersey] STATE v. BENNY HOGAN, JR. | 1996/05/23 | Docket No: SYLLABUS A prosecutor has the limited duty to inform the grand jury of evidence that both directly negates the guilt of the accused and is clearly exculpatory. |
| [New Jersey] ANDERSON v. PICCIOTTI | 1996/05/23 | Docket No: SYLLABUS When a defendant requests a Scafidi-type causation instruction in a case in which an alleged pre-existing condition and the effect of the defendants tortious conduct both harmed the plaintiff within a relatively short period of time, the defendant has the burden of proving the extent to which the pre-existing condition reduced the value of the plaintiffs resultant harm. A Scafidi charge was not warranted here. |
| [New Jersey] Bunk v. The Port Authority of New York and New Jersey | 1996/05/22 | Docket No: SYLLABUS N.J.S.A. 34:15-43 of the Workers Compensation Act (Section 43), which limits workers compensation benefits of public employees receiving a disability pension for the same injury, is applicable to an employee of the bi-state agency, Port Authority of New York and New Jersey. |
| [New Jersey] In the Matter of the Application of Frank B. McLaughlin, for Admission to the Bar of New Jersey | 1996/05/20 | Docket No: SUPREMECOURTSYLLABUS Candidates for admission to the bar must possess the traits of honesty and truthfulness, trustworthiness and reliability, and a professional commitment to, and respect for, the judicial process and the administration of justice. Based on its independent review of the record in this matter, the Court withholds certification of the applicants character. |
| [New Jersey] BARRATT V. CUSHMAN & WAKEFIELD OF NEW JERSEY, INC. | 1996/05/12 | Docket No: SUPREMECOURTSYLLABUS The Conscientious Employee Protect Act protects an employee who reports an illegal act of a partner in a partnership that has a business relationship with the employees employer. Plaintiff has presented enough evidence of the business relationship to withstand a motion for summary judgment. |
| [New Jersey] IMO RICHARD W. BANAS, An Attorney at Law | 1996/05/10 | Docket No: SUPREMECOURTSYLLABUS In light of the factual circumstances and respondents prior good record as a member of the Bar, a reprimand is the appropriate sanction to impose for respondents violation of RPC 1.15(b) through his failure to return monies paid to him by the mother of his client. |
| [New Jersey] ZAZA v. MARQUES AND NELL, INC. | 1996/05/09 | Docket No: SYLLABUS A fabricator of a component part who builds a component of a system in accordance with the specifications of the owner, which component part itself is not defective and is not dangerous until it is integrated into the larger system, has no legal duty to ensure that the owner and installer-assembler properly integrated the component into the system. So long as the specifications were not obviously dangerous, a fabricator of component parts is not strictly liable to an injured employee of the owner under the Products Liability Act. |
| [New Jersey] STATE v. ISAAC WRIGHT, JR. | 1996/05/08 | Docket No: SUPREMECOURTSYLLABUS The failure of the trial courts instructions to the jury to define or explain the role of a drug kingpin and the necessity for the jury to make a determination that defendant performed such a role requires a reversal of the conviction. |
| [New Jersey] RUSSO FARMS, INC. v. VINELAND BOARD OF EDUCATION | 1996/05/07 | Docket No: SYLLABUS The dangerous condition claims against the City of Vineland the Vineland Board of Education may be pursued to the extent that injury was suffered within the relevant limitations period. The nuisance claim against the City will similarly be allowed for each injury suffered within the limitations period. The trial court should, on a more complete record, determine whether the nuisance claim against the Board also involves a continuing nuisance. The Russos, on the development of a more complete record, may also pursue their claim of inverse condemnation. The claims against Kahley and Anderson are time barred under both the six-year statute of limitations and the statute of repose. |
| [New Jersey] CARVALHO v. TOLL BROTHERS AND DEVELOPERS | 1996/05/06 | Docket No: SUPREMECOURTSYLLABUS An engineer has a legal duty to exercise reasonable care for the safety of workers on a construction site when the engineer has a contractual responsibility for the progress of the work, but not for safety conditions, yet is aware of working conditions on the construction site that create a risk of serious injury to workers. |
| [New Jersey] IMO JOHN L. DOWNER, JR., An Attorney at Law | 1996/04/19 | Docket No: SYLLABUS The report of the Disciplinary Review Board is adopted and John L. Downer, Jr., is disbarred for the knowing misappropriation of escrow and trust account funds entrusted to him. |
| [New Jersey] IMO OLIVIA C. HOWARD, An Attorney at Law | 1996/04/12 | Docket No: SYLLABUS Respondents conviction for death by auto warrants the imposition of discipline. She is suspended from the practice of law for three months and until the further Order of the Court. |
| [New Jersey] STATE v. JOHN F. HINDS | 1996/04/10 | Docket No: SYLLABUS In engaging in theft and the receipt of stolen goods, a police officers conduct was sufficiently related to his official status that it constituted the crime of official misconduct. |
| [New Jersey] GENERAL ACCIDENT INSURANCE CO. OF AMERICA v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION v. HARTFORD INSURANCE COMPANY | 1996/03/26 | Docket No: SYLLABUS In this case, mandated remedial investigation and feasibility study costs should be fairly allocated between the defense and indemnity provisions of a comprehensive general liability insurance policy. |
| [New Jersey] ICABALZETA V. SEA-LAND SERVICES, INC. | 1996/03/25 | Docket No: SYLLABUS The Court affirms the judgment of the Appellate Division substantially for the reasons stated in its reported opinion. There is a triable issue of fact of whether the claimed defect (the absence of guardrails along the ledge from which decedent fell) was obvious and whether Sea-Land violated its turnover duty of safety to Coastwide. |
| [New Jersey] WEISS v. CARPENTER, BENNETT & MORRISSEY | 1996/03/06 | Docket No: SYLLABUS Provisions in a law firms partnership agreement that withhold the right to receive distribution of a partners capital account only from a partner who withdrew from the firm for any reason other than death, permanent disability, attainment of the age of sixty-five, or appointment to the Judiciary violates RPC 5.6 and, therefore, is unenforceable. |
| [New Jersey] HEHER v. SMITH, STRATTON, WISE, HEHER AND BRENNAN | 1996/03/06 | Docket No: SYLLABUS An arbitration provision in a law firm agreement is enforceable if the dispute in question implicates the clear mandate of public policy underlying RPC 5.6 so long as the arbitrators decision is subjected to an enhanced level of judicial review in order to afford appropriate relief from an arbitration award that obviously violate a clear mandate of public policy. |
| [New Jersey] GENERAL MOTORS CORP. v. CITY OF LINDEN | 1996/02/29 | Docket No: SYLLABUS State courts are prohibited from providing relief under 42 U.S.C.A. 1983, if state law provides an adequate remedy for relief from unconstitutional tax assessments. Because New Jersey provides an adequate remedy, General Motors Corporation cannot maintain an action under 1983 against defendants. |
| [New Jersey] RIVKIN v. DOVER TOWNSHIP RENT LEVELING BOARD | 1996/02/29 | Docket No: SYLLABUS Absent egregious misconduct that shocks the conscience in the sense of violating civilized norms of governance, or invidious discrimination on the part of a board member or board, so long as the State provides a plain, adequate and timely remedy to redress irregularities in the proceedings, a party aggrieved by the determinations of a municipal rent leveling board does not have a claim for relief under the Federal Civil Rights Act, 42 U.S.C. 1983. |