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… a stay of a driver’s license suspension. The State can overcome that presumption by showing that a stay would present a serious threat to the safety of any person or the community. If no conditions would mitigate that risk, the … has not been decided by controlling precedent, or which is fairly doubtful.” United States v. Miller, 753 F.2d 19, 23 …
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… may be waived by the accused, as the Constitution does not compel a criminal defendant to insist that the State call a … doctrine. The doctrine is grounded in considerations of fairness, but will not apply automatically if to do so would … that the autopsy report was not admitted into evidence. Last, the panel considered that “defense counsel extensively …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … of which have been managed by LHA. Defendant indicates that last July he informed plaintiff that he had decided to … and for breach of the implied covenants of good faith and fair dealing are well established, and that here the parties …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … Giants, Inc.; New York Jets LLC; New Meadowlands Stadium Company, LLC; Giants Stadium LLC; and Jets Stadium … Agreement, breach of the implied covenant of good faith and fair dealing, tortious interference with the Developers’ …
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… we consider whether a manufacturer has a duty to warn that component parts, which will be regularly replaced as part of … 70, 88 (App. Div. 2002). As a result, the foreseeable class of users included not only those workers who came into … a particular individual is foreseeable, "considerations of fairness and policy govern whether the imposition of a duty …
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… over a student's foot as she ran towards the front of the classroom to break up a fight. As she fell, Simpson grabbed a … direct result of her December 1, 2015 injury and subsequent complications from surgery. Becan explained that Simpson was … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" J.K. v. N.J. State Parole Bd., …
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… defendant was a registered patient under the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. … 409, 422 (2015). One such 10 A-0461-20 exception is the automobile exception, which "authorize[s] [a] warrantless search … whether, given all of the circumstances, 'there is a fair probability that contraband or evidence of a crime will …
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… Realty, LLC and 116 Newark Avenue Realty, LLC in three commercial summary dispossess actions based on nonpayment of … purpose, breach of the implied covenant of good faith and fair dealing, equitable principles, and because the risk of … Upon the advice of counsel, Ferone did not deposit the last four $51,000 payments. 9 A-0355-21 Ferone sent monthly …
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… BROADWAY ASSOCIATES, LLC, a New Jersey Limited Liability Company, and CAMEO FABRIC CARE, INC., an entity, … Broadway Associates, LLC, owned a commercial building in Fair Lawn that had been used continuously as a dry-cleaning … following the excavation and removal of an underground fuel oil storage tank. The contamination went unreported to …
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… BY FAILING TO INSTRUCT THE JURY ON THE LIMITED USE OF FRESH COMPLAINT TESTIMONY. (Not Raised Below). 4 A-4407-18 POINT … its judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014) (citing State v. O'Donnell, … the cumulative error was to render the underlying trial unfair." State v. Wakefield, 190 N.J. 397, 538 (2007). …
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… DOCKET NO: ATL-L-1903-21 (CBLP) ORDER THIS MATTER having come before the court on multiple dispositive motions, and … material fact precluding the entry of summary judgment. 6 Lastly, SDA moved for summary judgment in its favor seeking … avoidance of waste, efficiency and the reduction of delay, fairness to parties, and the need for complete and final …
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… BIAGI FARMS, LLC, TAMMIE AND NICHOLAS BIAGI, Third-Party Plaintiffs- Respondents, v. MARMO AND … involves whether a party to a contract waived its right to compel arbitration by its conduct in a lawsuit it initiated. … of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, (4) consumer fraud under …
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… arrest was in December 2015. On August 9, 2016, trial commenced. Trooper Diego Restrepo of the New Jersey State … avoid hitting a deer, but later admitted to drinking three glasses of wine and two shots of Fireball whiskey. She also … absence of a verbatim record merely raises a question of fairness that must be addressed." Ibid. "It does not render …
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… motion on procedural grounds; impute capital gains income to plaintiff from the sale of a home she received in … might not become emancipated. The DSA established formulas for the calculation of child support and alimony and … herself. He also asserted the judge was treating him unfairly and ruling the opposite of the prior motion judge. …
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… I. On September 10, 2019, defendant was charged by complaint-warrant with two counts of second-degree sexual … and Gaughran says in order to assure an independent and fair grand jury system in the State of New Jersey, it is … claim[ed] to have fought him throughout the assault which lasted roughly an hour and a half." 260 N.J. Super. at 285. …
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… sheet should have provided for self-defense to serve as a complete justification to homicide rather than piecemeal to … that self-defense, once found by a jury, serves as a complete defense to all categories of homicide, we reverse … jury instructions are essential to a defendant's right to a fair trial. State v. Rodriguez, 195 N.J. 165, 175 (2008). …
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… summary judgment and dismissing his malicious prosecution complaint. We affirm. I. We begin by reviewing the facts in … he was the president of Bellie1 and further explained the company served as "a holding company for flipping houses." … plaintiff gave Maxwell the CO, the court reasoned it was "a fair inference that the owner of Bellie Holdings and its …
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… the victim to turn around and raise his hands. The victim complied. Defendant pressed the gun into the victim's back … based concept of due process of law, which guarantees a 'fair and impartial trial in which there is a legitimate and … [our] judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014) (citing State v. O'Donnell, …
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… NO. A-2775-21 PETER SCHMITZ, Plaintiff-Appellant, v. SUSAN FAIRHURST, Defendant-Respondent. ________________________ … employed after raising the parties' children. Her annual income was $40,000. Plaintiff worked in the aviation industry … made with the circumstances which formed the basis for the last order fixing support obligations." Beck v. Beck, 239 …
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… KEVIN KELLY, Plaintiff-Appellant, v. COUNTY OF SUSSEX, and COMMISIONERS CARNEY, FANTASIA and YARDLEY, … to serve as County Counsel for another term through "the fair and open process." Plaintiff was not appointed for … served without a new contract, following the terms of the last contract. Id. at 142. At the time of the alleged …