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… Submitted March 21, 2022 – Decided April 11, 2022 Before Judges Sumners and Firko. On appeal from the New Jersey … terminated East Orange police officer Mark Patrick. In his complaint, Patrick contested the decision by the Essex … and driving while intoxicated." Both charges were ultimately dismissed. On August 2, 2014, Patrick sought …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Board of Education; NEW JERSEY DEMOCRATIC STATE PARTY COMMITTEE; and NEW JERSEY REPUBLICAN STATE PARTY COMMITTEE, … 1488. That is the hybrid method employed by the judge here, ultimately guided by the need to apportion the fees in an …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … any offense enumerated in Title 2C" — after successfully completing, or graduating from, Drug Court probation without … to Assembly Committee Substitute, supra, at 2. The Governor ultimately conditionally vetoed the bill, proposing to …
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… Submitted February 28, 2022 – Decided June 7, 2022 Before Judges Messano and Enright. On appeal from the Superior … was tried in December 2016. Immediately before the trial commenced, defense counsel alerted the court that defendant … until if and when . . . the defendant has a case-in-chief. Ultimately, neither attorney provided an opening statement. …
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… Argued November 2, 2020 – Decided February 12, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … possession of a firearm while in the course of committing a CDS offense, N.J.S.A. NC:39-4.1(a) (count … statements do not indicate he failed to understand his ultimate discretion to sentence defendant within the …
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… Submitted November 16, 2020 – Decided Before Judges Messano, Hoffman, and Suter. On appeal from the … IN VIOLATION OF NEW JERSEY STATE CONSTITUTIONAL AND COMMON LAW; THESE STATEMENTS WERE INVOLUNTARY AND SHOULD … breathing. Medical personnel later revived her, but she ultimately passed away after being removed from life …
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… Argued September 22, 2020 – Decided Before Judges Gilson, Moynihan, and Gummer. On appeal from the … to a change of employment and a related reduction in his compensation.1 Plaintiff cross-appeals from the same order, … he resumed his search in December 2018. The family court ultimately found that plaintiff's job searches were …
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… Argued October 13, 2020 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … $894.69, dismissed defendant's counterclaim and third-party complaint, and denied defendant's request to compel and … N.J. 2, 22 (1994)). In addition, the plaintiff "bear[s] the ultimate burden of showing a causal link between the …
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… Submitted January 27, 2020 – Decided July 6, 2020 Before Judges Sumners and Geiger. On appeal from the Superior … TO TAILOR HIS SUMMATION TO THE JURY CHARGE KNOWN TO BE FORTHCOMING AND IN FAILING TO REQUEST A SEPARATE JURY CHARGE … trial record that defendant's decision not to testify was ultimately his choice. The mere fact defendant chose not to …
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… Argued telephonically May 13, 2020 – Decided June 9, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … 2009 to January 2011, based on an agreed upon gross income of $500,000 for plaintiff and no earned income for … Moreover, the finding did not mathematically affect the ultimate decision made by the judge on the college expense …
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… Submitted September 15, 2021 – Decided September 28, 2021 Before Judges Geiger and Susswein. On appeal from the Board of … in this matter, appellant's privacy constitutes a compelling interest that outweighs the Judiciary's … 382 (1999) (citing 22 A-2658-18 Bonnco, 115 N.J. at 607). Ultimately, "[t]he choice of accepting or rejecting …
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… Brick Township, Petitioners-Appellants, v. LAMONT REPOLLET, Commissioner, New Jersey Department of Education, and … enactment. Abbott XX, 199 N.J. at 175. In 2011, the Court revisited the SFRA due to funding shortages. Abbott v. Burke, … THE OFFICE OF ADMINISTRATIVE LAW FOR FURTHER DISCOVERY AND, ULTIMATELY, A PLENARY HEARING ON THE MERITS OF APPELLANT[S'] …
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… Submitted June 3, 2021 – Decided August 4, 2021 Before Judges Alvarez and Sumners. On appeal from the Superior … identified as Katrell Trent, had a short haircut and was accompanied by four other men, including a bald man with a … Tavin claimed he did not know who else was present. Ultimately, the judge directed the jury out of the courtroom …
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… Argued May 26, 2021 – Decided July 26, 2021 Before Judges Geiger and Mitterhoff. NOT FOR PUBLICATION … and (2) denied plaintiffs' motion to file a second amended complaint. Defendant Wagner cross- appeals the February 16, … Motions to amend "should generally be granted even if the ultimate merits of the amendment are uncertain." G&W, Inc. …
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… Argued January 25, 2021 – Decided July 16, 2021 Before Judges Messano, Hoffman and Suter. On appeal from the … permitted in the front yard of a lot. Plaintiff filed a complaint against the City in the Law Division seeking: 1) … the parties to provide further briefing. As noted, he ultimately dismissed those complaints, concluding the City …
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… Argued January 29, 2020 – Decided April 28, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … Prior Bad Act Testimony. POINT IV. THE CUMULATIVE ERRORS COMMITTED BY THE TRIAL COURT DENIED DEFENDANT A FAIR TRIAL … State v. Timmendequas, 161 N.J. 515, 587 (1999)). "'Ultimately, it [is] for the jury to decide whether to draw …
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… telephonically May 26, 2020 – Decided August 6, 2020 Before Judges Messano, Ostrer and Vernoia. NOT FOR PUBLICATION … Carey Curtin (Carey), residents of Ontario, Canada, would become majority shareholders and directors in Onyx.2 Pathak, … sell their own shares in exchange for funding for Onyx." He ultimately advised defense counsel to make his threatened …
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… Argued October 31, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … entered Claridge's property and removed technological components identified as "SIM chips" from seven Claridge … to ensure counsels' interactions and the court's ultimate determination in this telephonic hearing were …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … medical examination, and psychological evaluation. After a comprehensive evaluation, a licensed clinical psychologist … (citing McDonnell Douglas Corp., 411 U.S. at 802). "The ultimate burden of persuasion that the employer …
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… INC., Plaintiff-Respondent, v. LIBERTY MUTUAL INSURANCE COMPANY, AS SURETY OF KRE HAMILTON URBAN RENEWAL LLC, and … SURETY OF CLAREMONT CONSTRUCTION GROUP, and CLAREMONT NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … amounts for work allegedly performed and unpaid. The jury ultimately found the lien fund consisted of the $552,500 …