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… counsel's errors are sufficiently serious to deny him a "fair trial." The prejudice standard is met if there is "a … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 …
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… DOCKET NO. A-1897-18T4 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE NEW JERSEY … for appellants (Pringle Quinn Anzano, PC, attorneys; Douglas Michael Alba, of counsel and on the briefs; Todd J. … Judges can fill the gaps in an agreement to achieve a "fair and just" result. Massar v. Massar, 279 N.J. Super. 89, …
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… Antonelli.1 We affirm. In 2013, the parties entered into a commercial lease agreement for units in defendant's building … of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment against Nessalee, as … opportunity to amend would not be fruitful." Johnson v. Glassman, 401 N.J. Super. 222, 247 (App. Div. 2008). Because …
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… likely to prejudice the accused that it is tantamount to a complete denial of counsel as a [Wade] hearing was likely to … likely to prejudice the accused that it is tantamount to a complete denial of counsel. Furthermore, the toxicology … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… & Son, Inc., Louise Kinsey, and Tanya Verdi's motion to compel arbitration and deny discovery in a dispute over a … that the construction of the home would be substantially completed within fifty-two weeks of the commencement of … a "consumer cannot be required to arbitrate when it cannot fairly be ascertained from the contract's language that [he …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1562-18T1 440 COMPANY-CARRIAGE HOUSE, LP, Plaintiff-Respondent, v. ZONING … Standards, N.J.A.C. 5:21-1.1 to -8.1, the property is classified as a high-rise residential building; 2) a "d(5)" … omitted) (first citing Smart SMR of N.Y., Inc. v. Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998); then …
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… immediately following the filing of a federal criminal complaint charging Eady with one count of illegal … Law that will formally outline the Board's decision and become . . . [its] final administrative determination." In its … capricious, or unreasonable, or . . . lacks 7 A-5434-17T3 fair support in the record[,]" Russo, 206 N.J. at 27 …
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… to pay a referral fee to Colin Stanton, Ajapcaja's worker's compensation attorney. Stanton filed a motion to intervene … denied both lawyers' requests on procedural grounds, and recommended Stanton amend his complaint against Clark in a … (1997). The goal is to "promote judicial efficiency, assure fairness to all parties with a material interest in an …
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… Kenneth Michael Bacon-Vaughters (Kenny Mike), LaShawn Fitch, and Aron Pines, went to the Eatontown … without taking any of their intended booty. Hearing the commotion, Wiggins's girlfriend went to the kitchen where … as none of defendant's claims "impacted his right to a fair trial or prejudicially impacted the determination of …
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… but also that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 …
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… Jr. appeal from an April 25, 2019 order dismissing their complaint for failure to state a claim pursuant to Rule … (Warranty) from the State of New Jersey, Department of Community Affairs (DCA). In October 1 The home was completed in October …
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… opinion of Judge William A. Daniel. We add only a few comments. The underlying facts are detailed in our April … SUV, the police searched the vehicle. They found inside a plastic baggie containing about twenty grams of cocaine. … comment was not likely to have deprived defendant of a fair trial. As the judge reasoned: The State's comments take …
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… of loss of recreation privileges, and ten days of loss of commutation time. Venable immediately appealed the decision. … a hearing before a neutral hearing officer or adjustment committee, the right to present witnesses and evidence, and … the security concerns of the prison, the need for swift and fair discipline, and the due process rights of the inmates." …
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… A CONSCIOUS INTENTION TO DO SO. II. THE MUNICIPAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO DISQUALIFY [THE … CONTEXT OF THE PROCEEDINGS BELOW DEPRIVED DEFENDANT OF A FAIR TRIAL AND WARRANT REVERSAL. We find insufficient merit … faced this precise issue. Seven other times within the last twelve months – each time by unpublished opinion – we …
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… and circumstances that bring this matter before us are uncomplicated. Following the death of her husband, plaintiff … payments, the first of which was due by February 1 and the last of which was to be paid by February 22. The judgment … 1218 (3d Cir. 1990). The implied covenant of good faith and fair dealing – which is imposed on all New Jersey contracts, …
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… disability. Lakin testified that although appellant complained of pain in her left leg and lower back, she had … which did not correlate with appellant's subjective complaints of pain in her left side. Lakin also reviewed … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… 2020 Special Civil Part order denying reinstatement of his complaint against defendant Wells Fargo Dealer Services … he claimed assets of $15,050.68 based in part on a "$50 class action settlement from Wells Fargo [D]ealer [S]ervices … dismissed the complaint on a without prejudice basis, it is fair to conclude that reinstatement would have been …
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… indictment counts would be dismissed. The State would recommend that defendant be sentenced to drug court probation … you were in the pharmacy was . . . it your intention to commit a theft? The Defendant: Yes. [Defense Counsel]: And … that you described with [defense counsel,] would it be fair to just characterize that you wrestled with the store …
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… is now the third time we have taken up this case. In his complaint, plaintiff asserts that, "under false pretenses," … fact contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, unfair competition, and … cited document for the conclusions the judge reached. 3. We lastly turn to the $38,061.33 fee award memorialized in the …
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… and Mayer. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-3633. Michael A. Bukosky argued … appellants Vincent Antenucci and the State Trooper's Non- Commissioned Officers Association (Loccke, Correia, & … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. The burden of …