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… this appeal. Consequently, we cannot confirm the parties' compliance with the holding of Minkowitz v. Israeli, 433 … premiums. After hearing oral argument, the judge entered a comprehensive order addressing all seventeen of the items … the benefits of arbitration as an effective, expedient, and fair means of dispute resolution be preserved). In addition …
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… with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of the Department of Human Services. The … are questionable or the identification of resources is incomplete, "the CWA shall verify the applicant's resource … denied, the reasons for the denial and right to request a fair hearing. See 42 C.F.R. § 435.913; N.J.A.C. 10:71-8.3. …
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… Submitted September 20, 2017 – Decided Before Judges Fuentes, Koblitz, and Suter. On appeal from Superior Court … for the reasons set forth in Judge Lourdes I. Santiago's comprehensive written opinion issued with the order. T.M.T. … contends the judge was not impartial, challenging the fairness of the decision. Our review of the record shows …
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… sentence was less than what the prosecutor had recommended in the plea agreement. Defendant filed a direct … plea." She claimed she was asleep in the car when DeFreitas committed the carjacking and she was unaware that he tied up … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… fell off a ladder . . . [at] his home." Initially, Kelly accommodated him by allowing him to "come to work late" or … over [the] time frame." According to Medina, "[t]he last day [Aherne] actually was on assignment was May 15[,] … Finally, he asserts that "due in some part to [him] unfairly being prohibited from participating in the . . . …
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… her head was pounding. She testified the pain continues to come and go. Defendant was indicted for second-degree … and proper [jury] charges are essential for a fair trial." State v. Baum, 224 N.J. 147, 158-59 (2016) … of age," and the "latest of the crimes" or the "date of his last release," was within ten years of this offense. …
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… On February 25, 2018, a municipal prosecutor filed a complaint charging defendant with fourth-degree operating a … These factors are assessed and balanced in light of competing interests: on one side, the "societal right to … and on the other, a defendant's right to be prosecuted "fairly and not oppressively." State v. Dunns, 266 N.J. …
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… counsel. Lucianna certified that there had been "a complete breakdown of the attorney-client relationship" that … June 23, 2014 trial date because he had other professional commitments. Consequently, Ashley requested the trial court … history, the panel found that defendant had been given a fair opportunity to select counsel of his choice and had not …
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… A-5148-18 I. In 1994, defendant was indicted in a two-count complaint for second- degree sexual assault, N.J.S.A. … a three-year term of imprisonment. He was also ordered to comply with all registration requirements under Megan's Law, … "errors were so serious as to deprive the defendant of a fair trial." Strickland v. Washington, 466 U.S. 668, 687 …
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… N.J.S.A. 2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. … denial of his motion to withdraw and whether defendant was competent to plead guilty. The State filed a motion for … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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… Infotech Limited, Inc.'s motion to dismiss plaintiff's complaint with prejudice pursuant to Rule 4:23-5(a)(2). We … terminating the agreement. In July 2018, plaintiff filed a complaint against defendant for breach of contract; breach of the covenant of good faith and fair dealing; and promissory estoppel. In August 2018, …
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… expert testimony concerning the Child Sexual Abuse Accommodation Syndrome (CSAAS). Defendant elected not to … also sentenced to parole supervision for life, required to comply with registration and reporting restrictions as … errors can merit reversal when they "cast[] doubt on the fairness of defendant's trial and on the propriety of the …
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… bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker … most serious since it [goes] to the question of fundamental fairness." Szima, 70 N.J. at 201. We further note … of justice[,] dismissal must be a recourse of last resort." State v. Prickett, 240 N.J. Super. 139, 147 …
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… not the result of pre-existing disease alone or in combination with the work, has 4 A-5039-18 occurred and … suspect would not qualify because “work effort, alone or in combination with pre-existing disease, was the cause of the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
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… June 13, 2022 APPELLATE DIVISION A-0912-20 2 In this automobile-accident case, plaintiff Juan J. Barron appeals from an order granting defendants' motion to dismiss the complaint with prejudice for failure to file it within two … legal determinations when no issue of fact exists. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… in her favor. In December 2017, plaintiff filed a verified complaint and order to show cause seeking to set aside the … therein, no undue influence used, and that all was fair, open and voluntary, but that it was well understood.'" … the 2 We note that plaintiff's testimony about her last will was quite sketchy and lacking in any detail. The …
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… while he was represented by Sanzone. The offer was to encompass the four pending indictments against defendant. … had previously extended a ten-year offer. She believed the last offer was thirteen years subject to NERA to resolve all … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… February 28, 2020 2 A-3241-18T1 dismissing plaintiff's complaint which alleged that the County violated the New … Conley v. Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … (1) "[T]he harm ultimately caused was foreseeable and fairly direct;" (2) a state actor acted with a degree of …
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… March 25, 20201 – Decided April 13, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the Superior … an arbitration award and March 1 and March 8, 2019 orders compelling re-arbitration. We reverse the orders compelling … contract, breach of the implied covenant of good faith and fair dealing, lost profits, and unjust enrichment. Litana …
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… others were indicted in connection with a double homicide committed inside defendant's residence.1 The indictment … murder, first-degree kidnapping, first-degree conspiracy to commit murder/kidnapping, and third-degree hindering … errors were so serious as to deprive the defendant of a fair trial, 6 A-4979-17T4 a trial whose result is reliable." …