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… ruling here. In civil cases, judicial decisions are "presumed to apply retroactively." In re Contest of Nov. 8, 2011 … The Court emphasized that the trial court "must ensure compliance with the requirement of 'some expert consensus … prevents the jury's exposure to unsound science through the compelling voice of an expert." Accutane Litigation, 234 …
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… primary election prescribed by Executive Order 144 did not comport with the federal constitution, we conclude that … nullification of the statewide primary results and the immediate cessation of the ongoing vote-by-mail processes for … for the United States to aid the nation's healthcare community in responding to COVID-19, Governor Philip D. …
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… the testimony of a sole eyewitness, a drug addict who claimed she had seen the shooting and saw defendants running … 78 VII. Remaining Points … No. 95-08-1950 with the following offenses: conspiracy to commit first-degree murder, N.J.S.A. 2C:5-2 (count one); two …
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… or a custodian. Apparently, the school took no steps to remedy the situation. To find the culprit, in November 2016, … retrieve the camera, download the video on his personal computer at school, view the footage, and then return the … sentence, as did this court. Defendant raises the following points for our consideration: I. [DEFENDANT'S] STATEMENTS TO …
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… accident. The issues on this appeal are governed by the common law and related public policies. The Social Host … University (FDU or the University). Franco had informed the suitemates and his parents that he planned to spend … In September 2014, Franco lived with his parents and commuted to FDU, where he was a college student in his …
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… order of the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2020-004. Leonard S. Spinelli … powers conferred upon NJIT by its enabling statute are "deemed to be public and essential governmental functions … police department. Finally, as the Attorney General points out, there are sensible policy reasons for treating …
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… in New Jersey. The ongoing-storm rule arbitrarily relieves commercial landowners from any obligation to try to render … however, ignores situations when it is reasonable for a commercial landowner to remove or reduce foreseeable and … that the VP regularly watched the Weather Channel, and informed Lowe's about expected storms so that "they" would be …
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… APPELLATE DIVISION A-1990-16T4 2 On July 22, 2016, we affirmed defendant Amy Locane's convictions after a jury trial. … The trial judge during the difficult and lengthy trial committed no reversible error. Out of an abundance of … N.J.S.A. 2C:44- 1(b)(2). The State raises the following points for our consideration: Point One DEFENDANT'S SENTENCE …
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… UNDERWRITERS AT LLOYD'S LONDON, MAIDEN SPECIALTY INSURANCE COMPANY, RSUI INDEMNITY COMPANY, and WESTPORT INSURANCE CORPORATION, … water from any source. [S]uch . . . flood shall be deemed to be a single occurrence within the meaning of this …
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… IN RE THE APPLICATION OF THE STATE OF NEW JERSEY FOR A COMMUNICATIONS DATA WARRANT AUTHORIZING THE OBTAINING OF THE … asked to determine as a matter of first impression whether communication data warrants (CDWs) or, conversely, wiretap … communications for thirty consecutive days, and the immediate disclosure of at least twice as many days' worth of …
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… location of defendant's phone at the time of the armed robbery; and (3) the trial court erred in permitting a … Nor did the trial court abuse its discretion or otherwise commit reversible error in allowing one of the victims to … two weeks prior to the home invasion, the intruder had come to the house asking for her father. Rosette also …
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… sexually assaulted multiple women. The caller informed the police she did not know defendant or his victims … defendant had sexually assaulted other women, she felt compelled to report what happened to her. Over the next two … v. Arizona, 384 U.S. 436 (1966). 4 A-2209-18 started communicating, mostly through text messages. They met in …
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… drug offenses. On appeal, he argues the following two points: POINT I THE COURT ERRED WHEN IT DENIED [DEFENDANT'S] … B. THERE WAS NO PROBABLE CAUSE TO SUPPORT THE INITIAL [COMMUNICATION DATA WARRANT (CDW)], RENEWAL CDW, AND WIRETAP … one in which defendant describe[d] committing an armed robbery and claims to have hit the victim over the head …
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… 1 N.J.S.A. 30:4C-12 authorizes the Division to investigate complaints that a parent or guardian of any child in this … and relieving the Division from filing a guardianship complaint to terminate Alice's and Malcolm's parental … her in the head with a broom, requiring stitches. They claimed Malcolm also yelled at them on occasion, that they were …
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… excessive speeds. Defendant contends numerous errors were committed during the trial and in the imposition of a … there was also a passenger in the car, and "gave numerous commands" to the driver to "get out on the ground." He … making statements in response, all of which was confirmed by the mobile video recording (MVR) playback. Defendant …
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… and Natali. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-1907 and 2018-3594. Benjamin … to obtain employment. On April 16, 2019, the Board informed the CSC that Able failed to provide the requisite … and Able's actual reinstatement. We reject Able's first two points but find that the CSC abused its discretion when it …
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… for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … "simple misconduct" from the more stringent intermediate concept of "severe misconduct" as defined by the … it defines "simple misconduct" in certain respects as encompassing employee conduct that is at least as extreme or …
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… disorder, which requires treatment with anti-seizure medications, is not able to eat, requires a feeding tube, … responded: "No." On the question of apportionment under the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.17, the … for pain and suffering; $1,057,575.25 for loss of future income; and $1,419,120 for past services. In this appeal, we …
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… in other cases is limited. R. 1:36-3. 2 A-1662-20 Olivera Medenica (Dunnington, Bartholow & Miller, LLP) attorneys for … from the January 12, 2021 Law Division order dismissing her complaint asserting claims under the New Jersey Law Against … Lina Anderson (collectively referred to as defendants)1 and compelling arbitration. For the reasons that follow, we …
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… Division, Passaic County, Docket No. L-0524-20. R. Armen McOmber argued the cause for appellant (McOmber McOmber & Luber, PC, attorneys; Austin B. Tobin and … with him in the conference room." When she arrived, Woods immediately asked her whether she had "any thoughts on …