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… a pre-trial motion to suppress "evidence seized without a communications data warrant [(CDW)]." At issue were text … expectation of privacy in those text messages and the requisite standing to challenge the search. Without holding an …
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… in New Jersey. The ongoing-storm rule arbitrarily relieves commercial landowners from any obligation to try to render … however, ignores situations when it is reasonable for a commercial landowner to remove or reduce foreseeable and … by always waiting to act until after a storm ends, regardless of the risk imposed to invitees and pedestrians. The …
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… Assistant Prosecutor, argued the cause for appellant Middlesex County Prosecutor's Office (Andrew C. Carey, Middlesex … conversations and evidence derived from them, and compelling their disclosure to the Estate of Frank P. Lagano … should be disregarded,"'" State v. Carreker, 172 N.J. 100, 115 (2002) (citations omitted); see State v. D.A., 191 …
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… FOR FEAR OF REPRISALS BY THE STATE. POINT II IMPROPER COMMENTS MADE BY THE PROSECUTOR IN SUMMATION EXCEEDED THE … here, and whether he is going to uphold all of the principles that he was instructed by your [h]onor. A-0930-17T1 10 … others.'" Id. at 87-88 (quoting Strauder v. West Virginia, 100 U.S. 303, 308 (1880)). In Batson, 476 U.S. at 96-98, the …
ADP, LLC VS. ERIK KUSINS ADP, LLC VS. RYAN HOPPER ADP, LLC VS. ANTHONY M. KARAMITAS ADP, LLC VS. NICK LENOBLE ADP, LLC VS. MICHAEL DEMARCO ADP, LLC VS. DANIEL HOBAICA (C-000264, C-000023-16, C-000143-16, C-000117-16, C-000120-16, AND C-000118-16, ESSEX CO
Opinions
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… plaintiff ADP, LLC. Each defendant was a top- performing sales representative. To award and incentivize their success, … several years. The RCA included non-solicitation and non-compete provisions that restricted an employee from … In that role, he managed ADP's accounts for clients with 100 to 1000 employees in "towns and --- A-4664-16T1 9 areas …
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… injuries, B.M.D. was only charged with and convicted of careless driving, N.J.S.A. 39:4-97, after a trial in municipal … and plaintiff named him as a defendant in a first amended complaint. During B.M.D.'s deposition, she was asked about … (quoting Overby v. Union Laundry Co., 28 N.J. Super. 100, 104 (App. Div. 1953)). Proximate cause consists of "any …
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… (David A. Gies, Designated Counsel, on the briefs). Charles A. Fiore, Gloucester County Prosecutor, attorney for … After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … (2d Cir. 2000) (quoting Williams v. Bartlett, 44 F.3d 95, 100 (2d Cir. 1994)). The Second Circuit held that a …
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… sexual assault where an expert in "Child Sexual Assault Accommodation Syndrome" (CSAAS) was permitted to testify. We … and eighth grade. During that time, Nancy regularly visited C.P.'s home on weekends to see her brothers. During …
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… issue of what statute of limitations applies to a common-law invasion of privacy claim arising out of a … 14 (App. Div.) (explaining that HIV and AIDS occur as a seamless progression of a single pathology, with HIV as the … sphere of right to privacy), cert. denied, 483 U.S. 1007, 107 S. Ct. 3233, 87 L. Ed. 2d 739 (1987). The …
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… for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … did not constitute misconduct because it lacked the requisite elements of wil[l]fulness, deliberateness, intention, …
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… dismiss six of the first eighteen counts alleging defendant committed sexual offenses against his daughter, K.W. … sometimes when they were alone, but not every time she visited. On cross-examination, Karen admitted telling Dr. …
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… plaintiff resided in a two-unit residential structure on Commercial Avenue in New Brunswick with her husband, A.S. … third parties with whom an agent deals. This focus is inapposite to many instances of tort liability. . . . [A]pparent …
njcourts.gov
… Between 6:30 and 7:00 p.m. on July 25, 2014, defendant visited the nursing home where Bongco worked as a nurse. … Further, on July 24, both 4 A-5136-17 defendant and Bongco communicated with Achetouane's girlfriend about the rumors, …
njcourts.gov
… defendant Brittany L. Burnett appeals her conviction and concomitant sentence for third-degree aggravated assault on a … persons resisting arrest, N.J.S.A. 2C:29-2(a)(1), as a lesser included charge of third-degree resisting arrest … sentences. L. 1993, c. 233, § 1. 12 In State v. Yarbough, 100 N.J. 627, 643-44 (1985), superseded by statute in part, …
njcourts.gov
… 2C:30-2(a) (count four); second-degree sexual assault, committing an act of sexual penetration with B.D. while she … was released to a halfway house. Law enforcement officers visited her there and questioned her about defendant. She …
njcourts.gov
… and Enright. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-2466. Fusco & Macaluso Partners, … of the LAD [or] comport[] with our prior holdings.'" Crisitello v. St. Theresa Sch., 465 N.J. Super. 223, 228 n.2 … cause of the action' or [the] plaintiff can discredit the legitimate reason provided by the employer." …
njcourts.gov
… in other cases is limited. R. 1:36-3. 2 A-3993-19 In her complaint, plaintiff Stacie Percella alleges defendant City … because it did not comply with the procedural prerequisites for such relief in Rule 4:23-5(a)(1). See Thabo, 452 …
njcourts.gov
… According to Hassan, he hit Tymiv to deflect an incoming punch from Tymiv after Tymiv had thrown a bag of … lying" when he encountered "two people saying exactly opposite things of what happened." The judge sua sponte stopped …
njcourts.gov
… of CDS (count seven), N.J.S.A. 2C:35-10(a)(1); and the lesser-included offense of simple assault, N.J.S.A. … defendant voluntarily requested his cell phone, was not compelled to provide the passcode and voluntarily entered … seen with his own eyes." State v. Gonzales, 227 N.J. 77, 100 (2016). We also recognize this analysis requires us to …
njcourts.gov
… protections of the federal and state constitutions. Krug committed the crimes for which he is now incarcerated in … that “[a]n inmate shall be released on parole . . . unless new information . . . indicates by a preponderance of … the person’s incarceration). Finally, although more than 100 years ago the U.S. Supreme Court asked whether a new law …