polestar inquiry in New Jersey

2015The polestar inquiry "is not whether the child would be better off with the adoptive parent, but whether the biological parent has failed to fulfill his or her duties." G.P.B., supra, 161 N.J. at 413 ; see P.S., supra, 315 N.J.

2015The polestar inquiry "is not whether the child would be better off with the adoptive parent, but whether the biological parent has failed to fulfill his or her duties." G.P.B., supra, 161 N.J. at 413 ; see P.S., supra, 315 N.J.

2025That he [or she] is permanently and totally disabled; 2. as a direct result of a traumatic event that is a. identifiable as to time and place, b. undesigned and unexpected, and c. caused by a circumstance external to the member (not the result of pre-existing disease that is aggravated or accelerated by the work); 3. that the traumatic event occurred during and as a result of the member's regular or assigned A-3793-23 9 duties; 4. that the disability was not the result of the member's willful negligence; and 5. that the member is mentally or physically incapacitated from performing his usual o

2025That he [or she] is permanently and totally disabled; 2. as a direct result of a traumatic event that is a. identifiable as to time and place, b. undesigned and unexpected, and c. caused by a circumstance external to the member (not the result of pre-existing disease that is aggravated or accelerated by the work); 3. that the traumatic event occurred during and as a result of the member's regular or assigned A-3793-23 9 duties; 4. that the disability was not the result of the member's willful negligence; and 5. that the member is mentally or physically incapacitated from performing his usual o

2026"The polestar of the inquiry is whether, during the regular performance of [the member's] job, an unexpected happening . . . occurred and directly resulted in the permanent and total disability of the member." Id. at 214 . "[W]hen all that appears is that the employee was doing his [or her] usual work in the usual way," the "undesigned or unexpected" element is not satisfied.

2026Id. at 201 (emphasis omitted) (quoting Russo, 62 N.J. at 154 ). "[A]n employee who experiences a horrific event which falls within his job description and for which he has been trained will be unlikely to pass the 'undesigned and unexpected' test." Russo, 206 N.J. at 33 ; see Thompson v. Bd. of Trs., Tchrs.' Pension & Annuity Fund, 449 N.J.

2026Id. at 201 (emphasis omitted) (quoting Russo, 62 N.J. at 154 ). "[A]n employee who experiences a horrific event which falls within his job description and for which he has been trained will be unlikely to pass the 'undesigned and unexpected' test." Russo, 206 N.J. at 33 ; see Thompson v. Bd. of Trs., Tchrs.' Pension & Annuity Fund, 449 N.J.

2021In determining whether a suspect's confession is the product of free will, courts traditionally assess the totality of circumstances surrounding the arrest and interrogation, including such factors as "the suspect's age, education and intelligence, advice as to constitutional rights, length of detention, whether the questioning was repeated and prolonged in nature and whether physical punishment or mental exhaustion was involved." State v. Miller, 76 N.J. 392, 402 (1978).