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… Plaintiff-Appellant, v. AXA EQUITABLE LIFE INSURANCE COMPANY, Defendant-Respondent. … and 1994. In November 2014, plaintiff filed a putative class action complaint alleging AXA breached the Contract. … a claim of falsity as a breach of the contractual duty of fair dealing. [In re Kingate Mgmt. Litig., 784 F.3d 128, 140 …
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… that granted summary judgment to defendants, dismissing her complaint. We reverse the orders, and reinstate the … plaintiff's employment as a communication specialist and class II officer in October 2015 because she was six minutes … 447 (App. Div. 1990)). "The plaintiff is then 'afforded a fair opportunity' to show that the reason given 'is a …
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… record and applicable legal principles, we affirm. In her complaint, plaintiff alleged the Board violated the New … N.J.S.A. 10:5-1 to -42, when it denied her a reasonable accommodation for her "handicapped arthritic hand and wrist … closing argument. Proper jury charges are essential to a fair trial; thus, the failure to provide clear and correct …
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… of the Municipal Land Use Law ("MLUL"), it was compelled to reverse and remand to the Board to weigh the … hired by plaintiffs represented that all work was done in compliance with the permits; however, plaintiffs later … the hot tub. Mr. Lindstrom testified that the hot tub is "fairly well screened by the vegetation around it. I don't …
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… ELECTRONIC REGISTRATION SYSTEM, INC., A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC., Defendants. … she argues that she was denied due process and fundamental fairness when she was precluded from completing discovery. … Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… Act (CFA); (2) breached the covenant of good faith and fair dealing; (3) violated the Truth in Lending Act (TILA); … did not sign 1 The Crismalis never filed an answer to the complaint or cross-claim and did not appeal. 5 A-4757-17T4 … 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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… Plaintiffs- Respondents, v. ZURICH AMERICAN INSURANCE COMPANY, and LEXINGTON NOT FOR PUBLICATION WITHOUT THE … the basin. While plaintiff was in the basin, he saw two flashes and noticed that Horohoe was taking pictures of him. … . . . the question of whether a duty exists is one of 'fairness' and 'public policy.'" Wlasiuk, 334 N.J. Super. at …
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… November 2016, plaintiff Kornegay Construction, LLC filed a complaint in the Small Claims Section of the Special Civil … Anthony O. Kornegay (Kornegay), a non-attorney,2 filed the complaint on behalf of plaintiff. See R. 6:11 (permitting … breach of contract, breach of the duty of good faith and fair dealing, violations of the New Jersey Consumer Fraud …
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… with anything. They said they did not. Ortiz heard rustling coming from behind an area of shelving in the garden center. … not want anyone else to buy them. Ortiz asked defendant to come out from behind the shelving, but he did not move until … N.J. at 519). "[T]he prosecution [must] demonstrate[] by a fair preponderance of evidence that the conspiracy existed …
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… individual in the car in a white shirt with a design commemorating a deceased individual. Nieves followed the … gas station was "dark as hell," and he was not wearing his glasses during the shooting. Rowello and Gonzalez asked … Gonzalez, the judge found Nieves to be credible and fairly consistent in his testimony. She precluded the State …
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… 2C:15-1; first degree felony murder while attempting to commit robbery, N.J.S.A. 2C:11-3(a)(3); first degree felony murder while attempting to commit kidnapping, N.J.S.A. 2C:11-3(a)(3); first 3 … [SIC], THEREBY DEPRIVING HER OF DUE PROCESS OF LAW AND A FAIR TRIAL AS GUARANTEED BY THE SIXTH AND FOURTEENTH …
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… Corporation, LIBRA TECHNICAL CENTER LIMITED LIABILITY COMPANY, a New Jersey Limited Liability Company, Defendants. ___________________________________ … and default judgments" should be vacated "to afford fairness and justice to the parties" where the neglect was …
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… and Haas. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2012-1708 and 2012- 2828. Dominick … of a series of alleged infractions was fundamentally unfair and pretextual, as well as her objection to TPH's … infractions was fundamentally unfair and pretextual. Lastly, she argues the ALJ made no findings concerning …
njcourts.gov
… 3 A-0475-15T2 defendant's role in it, and that it was committed in an especially heinous, cruel or depraved … errors were so serious as to deprive the defendant of a fair trial, a trial whose 7 A-0475-15T2 result is reliable." … its finding of aggravating factors at sentencing. State v. Fuentes, 217 N.J. 57, 75 (2014). Defendant claims his …
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… several lanes of Interstate 78 West, ignoring the officer's commands to stop. When police caught up with him, defendant … of record." Pressler & Verniero, Current N.J. Court Rules, comment 2 on R. 3:22-10 (2017). However, "[i]f the court … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a …
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… On appeal from the New Jersey Public Employment Relations Commission, Agency Docket No. DA-2016-004. Fusco & Macaluso … General Counsel, New Jersey Public Employment Relations Commission attorney for respondent New Jersey Public … all the circumstances, as to be shocking to one's sense of fairness." In re Polk License Revocation, 90 N.J. 550, 578 …
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… stiff and she experienced pain on her left side. Plaintiff commenced six months of chiropractic care. Next, she began … of permanent injury, a requirement set forth in the Automobile Insurance Cost Reduction Act of 1998, N.J.S.A. … charge is accurate and 10 A-1722-15T3 in no way altered the fairness of plaintiff's trial. See Berberian v. Lynn, 335 …
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… in 2009. Although it is unclear when defendant actually completed the application for the Home Affordable … Court for the Northern District of California certified a class of plaintiffs that included defendant as a member. A … and the Additional Defendants violated TILA, state unfair competition laws, state unfair and deceptive trade …
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… returns which show a consistent decline in plaintiff's income from the time of inception of support to the present. … and his child support obligation for 3 A-1836-15T2 the last remaining unemancipated child to $614.90 per month. The … compel discovery; and (9) any other factor bearing on the fairness of an award. [See also Mani v. Mani, 183 N.J. 70, …
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… dismissal of the remaining charges, the State agreed to recommend a five-year term of imprisonment with a mandatory … without a warrant, it is presumed facially invalid; to overcome this presumption, the State must show that the search … Ibid. Our Court has held a call placed to 9-1-1 "carries a fair degree of reliability" as it is a crime to make a false …