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… LLC, Plaintiffs-Appellants, v. TRAVELERS INDEMNITY COMPANY and EXECUTIVE RISK SPECIALTY INSURANCE COMPANY, … is a designated representative to one of the parties. Ibid. Lastly, a non-party may be bound if a "special statutory … with the parties to the prior action, the issue was not fairly litigated in the prior action, and they are not …
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… Thereafter, W.F. went to the police station and filed a complaint against E.M. W.F. left the police station, and … told Farrar to bring a gun into the apartment and Farrar complied. Around this time, J.F. arrived at the apartment … Defendant first argues that he was denied the right to a fair trial because the trial judge improperly coerced a …
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… June 26, 2012). We recite our prior decision because it encompasses all the determinations defendant asked the trial … fourteenth year of litigation concerning a marriage that lasted for a period of three years before the parties … and (9) any 18 A-5066-15T3 other factor bearing on the fairness of an award. Regarding the fee award, the trial …
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… The PCR process affords an adjudged criminal defendant a "last chance to challenge the 'fairness and reliability of a criminal verdict[.']" State v. … attack upon a conviction by habeas corpus or any other common-law or statutory remedy. [R. 3:22-2.] …
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… of Child Protection and Permanency (Division) filed a complaint for care, custody and supervision of Jane, which … make my decision for me. [JUDITH]: Well, you sound like a fair judge. 5 A-3628-15T2 THE COURT: I try to be. Yes, … I will accept her surrender, enter an order to that effect. Lastly, Judith argues before the Division can institute …
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… Submitted March 8, 2017 – Decided Before Judges Fuentes and Gooden Brown. On appeal from Superior Court of … and a graduate degree in taxation. Plaintiff filed a complaint for divorce on May 14, 2013, alleging … was counsel. There is no question that this court can be fair and impartial in this matter." See R. 4:3-3(a). On …
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… by their first names to avoid confusion caused by their common surname. We intend no disrespect. We shall sometimes … entitled to a judgment or order as a matter of law." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. … balance of $245,000, which, as Patricia acknowledged, was a fair value for the property based on its poor condition, and …
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… (PIP), which allowed her ninety-days to correct and overcome the inefficiency, as required by the terms of N.J.S.A. … supporting expert assisted [Pugliese] in improving her classroom performance after mid- May of the 2011-12 school … of conflicts, confusion and uncertainty; and basic fairness.'" Ibid. (quoting Olivieri, 186 N.J. at 522). "In …
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… proceedings. I. We derive the following facts from the competent evidence in the motion record, "giv[ing] the … of contract, breach of implied covenant of good faith and fair 6 A-1199-20 dealing, unjust enrichment, and a book … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… robbery, N.J.S.A. 2C:15-1; second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … on her left eye requiring treatment. . . . . 9 A-2159-20 Lastly, there was nothing in [the nurse's] testimony … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." 18 A-2159-20 …
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… done under the contract. The jury also found that ASAP had committed violations of regulations issued under the … clarify what constitutes a violation of the CFA, as compared to a failure to comply with CFA regulations. "To … of the principal aims of the CFA is to promote "truth and fair dealing in the market place." Feinberg v. Red Bank …
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… drive after drinking, are responsible, you are at risk to commit another offense." Judge Borkowski emphasized that … had in his possession for sale); see also State v. Fuentes, 217 N.J. 57, 78-79 (2014) (explaining that … or (g) [has] any other reason which might preclude a fair and unbiased hearing and judgment, or which might …
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… the SEH Board to repeal Section 7.13, whether the SEH Board complied with Section 51's procedural safeguards, and … an "action" not expressly defined in Section 51. As to this last point, we are not constrained by the examples of … N.J. State League of Municipalities v. Dep't of Cmty. Affairs, 158 N.J. 211, 222 (1999). "[J]udicial deference to …
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… points for our consideration: POINT I THE COURT'S INCOMPLETE AND CONFUSING INSTRUCTIONS ON BURGLARY AND … "MATCHING" THE Y-STR PROFILE WAS CONFUSING, IRRELEVANT, UNFAIRLY PREJUDICIAL, AND SHOULD HAVE BEEN EXCLUDED. … State v. Grate, 220 N.J. 317, 337 (2015); State v. Fuentes, 217 N.J. 57, 70 (2014). We must affirm a sentence …
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… 2013, defendant and C.S.1 began a dating relationship that lasted for approximately a year. On November 20, 2014, C.S. … following firearm(s) or other weapon(s): 1. You are hereby commanded to search for the above described weapons and/or … AGAINST SELF-INCRIMINATION OR THE DOCTRINE OF FUNDAMENTAL FAIRNESS, THE STATE WAS REQUIRED FIRST TO ASK [E.G.] WHETHER …
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… contrary to N.J.S.A. 2C:15-1; one count of conspiracy to commit robbery, contrary to N.J.S.A. 2C:5- 2 and 2C:15-1; … the garage and observed M.S. lying on the ground with blood coming out of his nose. The two men standing over M.S. … DEGREE ROBBERY DEPRIVED MR. PETERSON OF DUE PROCESS AND A FAIR TRIAL. POINT II THE FIFTEEN–YEAR AGGREGATE SENTENCE IS …
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… for the State's dismissal of the endangering count and recommendation of an eighteen-month sentence consecutive to … to me, you know. I've been hanging out with you for the last hour, haven't I? DEFENDANT: You did. THE COURT: That's … 18 months incarceration, consecutive. We think that's a fair resolution. Thank you. THE COURT: Thank you. Mr. Wing, …
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… Argued March 17, 2021 – Decided May 17, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the Superior Court … POINT II: IT WAS PLAIN ERROR TO ALLOW EVIDENCE OF BAD ACTS COMMITTED AFTER THE AMENDED DATE OF COUNT ONE OF THE … referred to incidents that occurred a year earlier, unfairly surprising defendants. Id. at 563. Here, defendant …
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… denying his application for reinstatement, dismissing his complaint, and affirming the administrative decision. We … an officer made conflicting statements to internal affairs investigators about an off- duty altercation. Ruroede, … a copy of your ticket, ticket confirmation, etc. . . . [(Last alteration in original).] 6 A-2386-19 Two weeks later, …
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… motion to dismiss its answer with prejudice for failure to comply with discovery obligations and denying its … safeguards for the dismissal of pleadings for failure to comply with discovery obligations. The well-settled purpose … by the court in its prior decision. Thus, Gemini was not fairly apprised of PNC's legal theory. On September 12, …