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njcourts.gov
… JACOBSON GOLDFARB SCOTT INSURANCE and ALLSTATE INSURANCE COMPANY, Defendants. _____________________________ Submitted … in the conclusion section"). 4 A-3008-23 I. The following facts are germane to the issues properly before us on … a certification responding to the statement of material facts submitted with the Association's motion for summary …
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njcourts.gov
… trial court found that there was no evidence that Crisdel committed an intentional wrong related to the accident and, … submit the required affidavits of merit. I. We discern the facts from the extensive record, which includes two prior … employees relinquished their right to pursue common-law remedies in exchange for automatic entitlement to certain, but …
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njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MERCER … they cite; and they have failed to plead sufficient facts to support their claims. Having reviewed the complaint … in part defendant’s motion. And, to the extent additional facts conceivably may be alleged to state a claim, dismissal …
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njcourts.gov
… KEVIN KELLY, Plaintiff-Appellant, v. COUNTY OF SUSSEX, and COMMISIONERS CARNEY, FANTASIA and YARDLEY, … Ins. Co., 256 N.J. 294, 311 (2024) (same). We derive these facts from those sources. 3 A-2847-22 Section 2.10 of the … plaintiff failed to state a valid CEPA claim because the facts he alleged in the complaint did not demonstrate he was …
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… maintains defendants refused to provide reasonable accommodations, including medical-grade personal protective … Bohnyak. The arbitrator found he failed to establish "a factual, objective or lawful basis for [his] refusal to … the judge found the CEPA claim failed because no material fact demonstrated a "causal connection between the protected …
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njcourts.gov
… evidence from a warrantless vehicle search and challenges fact witness testimony, which led a jury to convict him of … Sergeant Sorber was not able to "physically see their bodies in the car" because defendant's vehicle had tinted … bag for sale[;]" (3) "[T]ypically, cell phones are used to communicate . . . between a drug dealer and the user to set …
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njcourts.gov
… 2C:36-3; (19) second-degree possession of a firearm while committing a CDS violation (shotgun), N.J.S.A. 2C:39-4.1(a); … request for an evidentiary hearing. We derive the following facts from the trial record. Following an investigation … ask that, all right, so what the proofs are you determine ladies and gentlemen what the proofs are. 22 A-0914-23 You …
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… and landed on his foot, resulting in plaintiff developing complex regional pain syndrome. This is the second time this … at 11. We reasoned that charge was not applicable to the facts because it "ha[d] never been expanded beyond the … stating "plaintiff presented sufficient evidence to raise a fact issue as to whether the fire extinguisher was a …
njcourts.gov
… surveillance duty for around seven months. Royster filed a complaint against the NJSP. Relevant to this appeal, Royster … here because there was no misrepresentation of material fact by one party or unawareness of the true facts by the … thereof, and all public officers, agencies, boards, or bodies.” N.J.S.A. 10:5-5(e). Because the NJSP is precluded …
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… N.J.S.A. 2C:14-2(a)(5); first-degree sexual assault by committing an act of sexual penetration on S.S. knowing she … de novo standard of review applies to mixed questions of fact and law. Id. at 420 (citing McCandless v. Vaughn, 172 … our authority "to conduct a de novo review of both the factual findings and legal conclusions of the PCR court." …
njcourts.gov
… 2011, DeMarco and his wife filed a medical malpractice complaint in New Jersey alleging that Dr. Stoddard … Island, and that the RIJUA was “in the process of securing facts concerning whether [Dr. Stoddard] . . . met the … Legislature has not constructed a matrix of alternate remedies for other types of liability insurance, including …
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… whom represented plaintiffs Mark and Anthony Chernalis in a complex commercial real estate transaction in 2009. … his various well-reasoned opinions. We will not recite the factual antecedents of plaintiffs' appeal in great detail. … had committed an intentional tort, which Judge Contillo remedied by terminating Taylor's interest and participation in …
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… possessory weapons offense in exchange for the State's recommendation of a five-year sentence with a five-year period … the premises by force requires consideration of "common factors[,]" including the suspect's criminal history, … accordingly held "it cannot find" that the entry "was in fact unreasonable." Although it found it could not determine …
njcourts.gov
… articulating his findings as to aggravating and mitigating factors, and by improperly considering an overdose death for … judge erred in its analysis of the relevant sentencing factors. However, we conclude the sentencing judge … supervision, Iqbal arranged through telephonic and text communications to purchase cocaine from "Kevin D." The …
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… against the owners and property managers of their apartment complexes, defendants East Coast The Willows, LLC, East … of a class in conformity with this opinion. The essential facts were set forth in the Supreme Court's prior opinion in … the due date, then, in addition to all other rights and remedies which Landlord may have, Landlord or its agents may …
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… vehicle and observed Pagan smoking from a glass cylinder, commonly referred to as a crack pipe. As Cancel exited his … OF AN EXPERT OPINION BASED ON A HYPOTHETICAL THAT ASSUMED A FACT – THE DRUG POSSESSOR IS A DRUG DEALER – THAT WAS THE … OF THE SEARCH AND SEIZURE IS A MIXED QUESTION OF LAW AND FACT SUBJECT TO PLENARY REVIEW ON APPEAL[.] POINT VI THE …
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… PER CURIAM Plaintiff Kevin Malanga filed a verified complaint claiming defendants Township of West Orange and … 3 A-2287-19 I. We glean the following undisputed material facts from the parties ' respective statements of material fact submitted in accordance with Rule 4:46- 2(a) and (b) in …
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… with defendant outside his home. Based on the intercepted communications and the surveillance, officers obtained a … Rogers, who allegedly participated in the conspiracy to manufacture, distribute or possess with the intent to distribute … in the form of an opinion or otherwise." The rule embodies three requirements: "(1) the A-3741-13T3 12 intended …
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… and Petrillo. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2019-1807, 2021-323 and 2021-807. … we affirm the CSC in all respects. I. The following facts are derived from the record. In October 2018, on a … use of the word was not directed at either of them or, in fact, to any person. Immediately after hearing Ruggiero use …
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… as "Lowes Home Centers, LLC" in the caption of the complaint. We utilize "Lowe's Home Centers, LLC" in the … occurred" but permitting them to testify about "any factual issues that they observed, including plaintiff's … could not be held vicariously liable because "there are no facts that a rational fact finder could construe that . . . …