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njcourts.gov
… Act (Act), N.J.S.A. 26:6A-1 to -8, and asserting other common law causes of action including negligence and … (1) [the party asserting the action] is a member of the class for whose special benefit the statute was enacted; (2) … of action for breach of the implied duty of good faith and fair dealing, even when that claim was based solely on …
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njcourts.gov
… provided for a sentence of five to ten years. The State recommended a ten-year term of imprisonment and defendant … "errors were so serious as to deprive the defendant of a fair trial." Strickland, 466 U.S. at 687; see also State v. … deficient. Cummings, 321 N.J. Super at 170. 11 A-3002-22 Lastly, because we reject defendant's contention she …
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njcourts.gov
… accepting the agreement and modified terms. Defendant's last payment of the monthly billing statement mailed to his … by regular and electronic mail but received no responsive communication from defendant. 1 On April 5, 2017, plaintiff … need to achieve equity and justice.'" DEG, LLC v. Twp. of Fairfield, 198 N.J. 242, 269-70 (2009) (quoting Ct. Inv. Co. …
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njcourts.gov
… N.J.S.A. 2C:15-2(a)(3); second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2(a)(1) and 3 A-0785-23 … Indictment No. 16-08-2346, and second-degree conspiracy to commit carjacking under Indictment No. 16-07-2149. In … 100 N.J. at 644.] The Yarbough guidelines leave "a fair degree of discretion in the sentencing courts." State …
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njcourts.gov
… Enright. On appeal from the New Jersey Cannabis Regulatory Commission. Leo J. Hurley, Jr., argued the cause for … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police … reflective of expansion of the patient population over the last two years, the projected expansion in the future, and …
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njcourts.gov
… disability retirement benefits. On remand, the Board complied with our instructions and addressed our concerns … later, but claimed she had "severe trouble" working and complained of headaches, neck pain, and problems walking due … decision is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. 9 A-2083-22 of …
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njcourts.gov
… Malika Williams advised trial counsel defendant's brother committed the homicide. However, one week later, she advised … in April 2021, defendant had been harassing her to come to court and lie, and she did not know anything about … SPONTE DEPRIVED DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO A FAIR TRIAL WARRANTING REVERSAL OF 6 A-1716-22 THE …
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njcourts.gov
… 1. Court finds that . . . defendant is not capable of complying with the support order at the present time[.] 2. … amount. After a bench warrant for defendant's arrest for noncompliance with child support orders was issued, the Family … must have been "not merely cumulative." DEG, LLC v. Twp. of Fairfield, 198 N.J. 242, 264 (2009) (quoting Quick Chek Food …
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njcourts.gov
… He appeals from the trial court's denial of his motion to compel his admission into the Pre-Trial Intervention (PTI) … difficult; and his antisemitic thoughts and statements were fueled by his consumption of internet hate websites. He … the mark sought to be accomplished by PTI that fundamental fairness and justice require judicial intervention."'" Id. …
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njcourts.gov
… weapon, N.J.S.A. 2C:39-9(d). At sentencing, defendant was classified as a persistent offender based on his record and … following aggravating factors: the risk the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. 7 A-3371-20 …
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njcourts.gov
… concluded "[t]he likelihood of this inmate successfully completing a projected term of parole is generally considered fair . . . ." Although appellant "had well above average to … excellent institutional adjustment, programmatic and work accomplishments, he has not addressed [the] emotional …
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njcourts.gov
… court's instruction regarding the robbery was confusing, incomplete, and incorrect; and his sentence was excessive, and … including potential consecutive sentences on two robberies, committed on separate dates against separate victims." … demonstrate the alleged defects prejudiced his right to a fair trial to the extent "there is a reasonable probability …
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njcourts.gov
… 702-5000 Facsimile: (212) 818-0164 E-mail: mcordner@bernllp.com Attorneys for Plaintiff(s) IN RE ZOSTAVAX LITIGATION … the Court’s February 13, 2020 orders dismissing Plaintiff’s complaint with prejudice, and the Court having considered … from during the litigation.” DEG, LLC v. Township of Fairfield, 198 N.J. 242, 263 (2009). Also, R. 4:50-1(f)’s …
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njcourts.gov
… that SolarCity had recorded a lien on his property. He commenced this action against defendant Tesla Energy … response, defendant moved to bar plaintiff's pursuit of a class action by relying on language in the same arbitration … Moreover, even if defendant's argument may be said to be fairly debatable, there still can be no doubt that the …
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njcourts.gov
… and other torts, and successfully obtained an order compelling the defendant attorneys to provide their client's … for further proceedings. I This defamation action was commenced in the Chancery Division in December 2021. … position has merit, and their anonymous client may be fairly viewed as a whistleblower seeking protection from the …
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njcourts.gov
… BARRY, his wife, Plaintiffs-Appellants, v. GRAYBAR ELECTRIC COMPANY, INC., Defendant/Third-Party Plaintiff-Respondent, … to the supplier of the reel, defendant Graybar Electric Company, Inc. (Graybar).1 The trial court held that Graybar … to exercise reasonable care to prevent foreseeable harm is "fair and just." Hopkins v. Fox & Lazo Realtors, 132 N.J. …
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njcourts.gov
… in 1999 by enacting the Electric Discount and Energy Competition Act (EDECA). L. 1999, c. 23 (eff. Feb. 9, 1999). … sold in New Jersey by every TPS and BGSP had to come from Class I renewable energy sources, such as solar, with … process may result in a denial of 'fundamental procedural fairness.'" Id. at 333 (quoting In re Arndt, 67 N.J. 432, …
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njcourts.gov
… an evidentiary hearing for the reasons set forth in her comprehensive thirty-seven-page written opinion. Judge … had not demonstrated prejudice to undermine the outcome of the trial. The judge held trial counsel's decision … defendant's argument that he was denied his right to a fair trial by an impartial jury, and his due process rights …
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njcourts.gov
… As part of the full economic analysis, applicants must complete a template "cost-benefit analysis" spreadsheet … has been reviewed by the Chief Executive Officer of the company certifying the information is accurate and that "but … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, …
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njcourts.gov
… the terms of the plea agreement, the State agreed to recommend a five-year prison term subject 3 A-3339-21 to the … in prison on the second-degree offense, but the State recommended a five-year term. The judge explained defendant … be heard by the drug court judge, who [would] then make a fair determination in accordance with the law. If the drug …