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… Submitted September 19, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … for Simpson's female friend who lived there. Ruiz saw a man come to the window and say "don't come back here." The man … of peremptory challenges; and 'the composition of the jury ultimately selected to try the case.'" Thompson, 224 N.J. at …
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… Submitted May 7, 2018 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from … disability" is currently accepted in the medical community "to describe the identical phenomenon." Hall v. … INVADED THE DOMAIN OF THE JURY BY IMPROPERLY OPINING ON THE ULTIMATE ISSUE AND THE CREDIBILITY OF OTHER WITNESSES. POINT …
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… MARILYN VELEZ, Plaintiff-Respondent, v. ROCKTENN COMPANY and RAYMOND PERRY, Defendants-Appellants. Argued … Docket No. L-1228-12. John E. MacDonald argued the cause for appellants (Constangy, Brooks, Smith & Prophete, LLP, … considered firing another CSR with performance issues, but ultimately decided to fire plaintiff, the newest member of …
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… Argued October 25, 2018 – Decided March 7, 2019 Before Judges Simonelli, O'Connor and Whipple. On appeal from … non-tenured teacher whose contract was not renewed, filed a complaint against defendant Newark Public Schools for … mother, a clerk who worked in the school office, ultimately called the police for plaintiff because plaintiff …
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… Submitted December 10, 2018 – Decided Before Judges Sabatino, Haas and Sumners. On appeal from … They described him as a very tall, thin man with a light complexion. He was wearing a black hoodie and ripped jeans. … admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact." Opinion …
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… Argued September 18, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … anybody you want but honestly, your mom's secrets are gonna come out of the closet too. And by the time you get done … act" than to engage in this conduct and thereby commit "the ultimate betrayal and breach of trust that is typically …
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… Submitted January 11, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from Superior … Lashawn Fitch was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … for the testimonial account of another witness "because the ultimate determination of a witness's credibility falls …
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… Defendant-Appellant. Argued September 26, 2017 - Decided Before Judges Carroll, Leone and Mawla. On appeal from the … THAT CASE: THE REPEATED USE OF "AND/OR" LANGUAGE IN THE ACCOMPLICE- LIABILITY JURY INSTRUCTION COULD HAVE EASILY LED … the model charge on passion/provocation manslaughter, which ultimately asks the jury to consider the factual …
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… Defendant-Appellant. Submitted March 20, 2018 - Decided Before Judges Yannotti and Carroll. On appeal from Superior … lifted latent fingerprints from the window, which were then compared against a database that contained fingerprints from … any report" did not make them critical witnesses. The court ultimately concluded that the inability of the defense to …
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… Argued March 6, 2018 – Decided Before Judges Reisner, Hoffman and Mayer. On appeal from … nine, seven, and four. In March 2013, plaintiff filed a complaint for divorce, seeking dissolution of the marriage, … fees far exceeded that of plaintiffs; however, he ultimately determined it was "fair for . . . plaintiff to …
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… appeal (A-0164-15) concerns the dismissal of 514 Accutane complaints involving plaintiffs who were prescribed and 3 … was a risk associated with the ingestion of Accutane. In revisiting these issues, which Judge Higbee had already … and instructions to prescription drugs so that consumers, ultimately, will be made aware of the relevant risks, …
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… Argued May 10, 2017 – Decided July 18, 2017 Before Judges Lihotz, Hoffman and Whipple. On appeal from … received over $1.4 million with approximately $655,000 coming from the District. One of the allegations leveled … TRIAL COURT ADMITTED IMPROPER LAY OPINION TESTIMONY ON THE ULTIMATE FACTUAL ISSUE. POINT VI THE TRIAL COURT ADMITTED …
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… JAMES and GENA JAMES, Plaintiffs, and PRECAST MANUFACTURING COMPANY, L.L.C. and GPF LEASING, L.L.C., … LEASING, L.L.C., Plaintiffs/Intervenors- Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … by private parties and these parties are in fact its ultimate beneficiaries." Ibid. (alteration in original) …
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… Argued September 20, 2016 – Decided Before Judges Koblitz, Rothstadt and Sumners. On appeal from … appellants The Sierra Club, Lacey Rail Trail Environmental Committee, Save Barnegat Bay, and The American Littoral … Lacey's compliance with particular requirements and in its ultimate decision on the application, the DEP was required …
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… Defendant-Appellant. Submitted October 6, 2016 – Decided Before Judges Fuentes, Carroll, and Gooden Brown. On appeal … 4 A-0060-14T2 POINT V BECAUSE THE OFFICERS FAILED TO COMPLY WITH THE RECORDING REQUIREMENT OF STATE v. DELGADO, … didn't do . . . an in-court identification." The court ultimately agreed with defense counsel and did not give an …
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… Argued November 14, 2017- Decided Before Judges Leone and Mawla. On appeal from Superior Court … numbness that became "stabbing sharp pains." Dr. Vega recommended physical therapy. On July 25, 2012, plaintiff saw … 392-93 (2018) (citation omitted). In any event, defendants ultimately were able to have Dr. Vega's most favorable …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to the litigation. Because plaintiff did not file his complaint in the Law Division until after the two-year … would be applied to statute-of- limitations issues as they ultimately were analyzed in Cornett. The "law of the case" …
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… Submitted September 26, 2018 – Decided Before Judges Fuentes and Moynihan. On appeal from Superior … 1 Count three charging second-degree conspiracy to commit aggravated sexual assault, N.J.S.A. 2C:5-2; N.J.S.A. … 33 (quoting State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is …
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… Argued October 30, 2018 – Decided May 15, 2019 Before Judges Geiger and Firko. On appeal from Superior Court … Russell and Scott conspired with Baker and acted as his accomplices. We recounted the underlying facts in our … a reasonable likelihood that his or her claim will ultimately succeed 11 Effective September 1, 2018, Rule …
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… Submitted September 27, 2021 – Decided July 18, 2022 Before Judges Sumners, Vernoia and Firko. On appeal from the … "approximately two years" and she had caused a "loss to the company" in the millions of dollars. After her interview … ERRED IN FAILING TO STRIKE THE IMPERMISSIBLE EXPERT AND ULTIMATE OPINION TESTIMONY OF A LAY WITNESS. POINT TWO THE …