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… response to an OPRA request.” One month later, Paff filed a complaint and order to show cause in the Superior Court, Law … is also the records custodian) violated both OPRA and the common law right of access. Paff sought an order compelling … Police Dep’t, 381 N.J. Super. 30, 37 (App. Div. 2005)). In support of that position, the panel accorded “substantial …
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… a box, a cigarette box, and a letter from an insurance company addressed to Amir Randolph (defendant) at a … a homicide warrant. Id. at 557. The panel reasoned that, to support a flight charge, the “evidence [of flight] must … States Constitution. Lamb, supra, 218 N.J. at 313-14. The points of departure between federal and state concepts of …
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… prosecutor abused his discretion in denying a waiver was to compare the facts of his case to the facts of other similar … a weapon for an unlawful purpose, and the State agreed to recommend that he be sentenced as a third-degree offender. The … statute; (2) prosecutors stated on the record the reasons supporting their decision in order to enable judicial review …
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… OPRA’s exemption for security information. Gilleran filed a complaint in the Law Division seeking the requested footage under OPRA and the common law right of access. Gilleran argued that the camera … before the Appellate Division, filed an amicus brief in support of Gilleran. The Reporters Committee for Freedom of …
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… is a consequential portion of the trial, was adequately supported by the judge’s personal observations, no further … have a constitutional right to an impartial and mentally competent tribunal. Jury irregularity, including sleeping, … denied, 151 N.J. 466 (1997), where the court suggested remedies for the problem of a sleeping juror and “defense …
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… In this appeal, the Court considers the Limited Liability Company Act (LLCA) and the circumstances under which … authorizes the expulsion of a member of a limited liability company (LLC). This appeal arises from a conflict among the … Test’s business. Thus, the fourth and fifth factors do not support the trial court’s grant of partial summary judgment. …
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… Conduct (RPCs) after the Secretary of a District Ethics Committee (DEC) has declined to docket the matter. The … complaint, holding that the Supreme Court and the ethics bodies that it established have exclusive jurisdiction over … Director, after consultation with the committee chair, appoints a Secretary for each DEC. R. 1:20-3(c). Secretaries …
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… find beyond a reasonable doubt that a defendant actually committed the prior offense before that evidence may receive … beyond a reasonable doubt that the defendant actually committed the prior offense. Having determined that the … clear a capacity to distract the jury from the evidence in support of the State’s case-in-chief that it should [be] …
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… the jury to disbelieve their testimony because they did not come forward and give their accounts to police at the scene. … to give their accounts to the officers at the scene. The combination of the trial court’s erroneous evidentiary … she canvassed the crime scene looking for witnesses and supported the family members’ testimony that they attempted …
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… purchased the property at issue here (the property), a commercial warehouse located next to the existing church. In … court also held that the lack of a certificate of occupancy supported its conclusion. Id. at 377-78. The Appellate … no error in declining to find actual use. The City also points out that the continuing exempt character theory of …
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… and damaging Sun’s facility. Sun brought a single-count complaint under the CFA in federal court alleging that Fike … to govern different conduct and to provide different remedies for such conduct. There is thus no direct and … of N.J.S.A. 2A:58C-1(b)(2)(b) or (b)(2)(d) of the PLA. In support, Sun notes that the PLA codified the economic loss …
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… of a trial record that included evidence establishing an incomplete affirmative defense, the Court considers the … finding that the evidence in R.T. was insufficient to support the affirmative defense, and emphasizing that … defense are clearly indicated by the evidence. Defendant points to State v. R.T., 205 N.J. 493 (2011), as further …
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… Township of Ocean (Township) is a largely rural-suburban community bordered by the Pinelands National Reserve and … the Ordinances. The record developed by the Township supported that much of the area surrounding the plaintiffs’ … to the doctrine of exhaustion of administrative remedies. Relying on the Court’s decision in Pheasant Bridge …
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… Act (TCCWNA), N.J.S.A. 56:12-14 to -18. USLSG moved to compel arbitration based on the arbitration provision in the … service contract. The trial court granted USLSG’s motion to compel arbitration and dismissed the complaint without … CFA and the TCCWNA, both of which explicitly provide remedies in a court of law. See N.J.S.A. 56:8-19 (“Any person …
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… Perez v. Zagami, LLC (A-36-12) (071358) [NOTE: This is a companion case to Cottrell v. Zagami, LLC also filed today.] … actions under the CRA. In support of its argument, Zagami points to the general structure of the CRA. Zagami asserts … that the CRA was intended to address potential gaps in remedies available under New Jersey law but not cognizable under …
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… extrinsic evidence including legislative history and committee reports. (pp. 12-13) 2. The refusal statute … for refusal, not DWI) the Court’s decision in Ciancaglini supports the proposition that, for sentencing purposes, the … rather than the refusal statute. In particular, the State points out that in Ciancaglini, the Court addressed whether …
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… dropped the packet. Patrolman Buss then asked defendant to come into the manager’s office located at the back of the … of guilt and not as proof that she had a propensity to commit crimes. The jury found defendant guilty of … the substance in the baggie as cocaine did not evidence her commission of a crime. At a minimum, this evidence was …
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… curb, and crashed through a fence into a field, ultimately coming to rest on a mound of dirt. Parker got out of the car … grounds for reversal. (pp. 12-16) 2. Here, the outcome of the trial hinged almost entirely on witness … by Rules 405 and 608, for the purpose of impairing or supporting the credibility of a witness, any party including …
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… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS : SUPERIOR COURT OF NEW JERSEY … has addressed whether the collateral source rule embodied in N.J.S.A. §2A:15-97 precludes recoupment of Med-Pay … subrogation for Med-Pay payments was clearly envisioned. In support of this proposition, Mid-Century relies upon the …
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… heirs and executor of the estate of Viviana Ruscitto, filed complaints seeking compensatory and punitive damages on … morbidity”; the fact that “the numbers at Valley” did not support the “1 sarcoma in 350 operations” number suggested … criteria for the use of the morcellator, as well as talking points for providers to discuss and document with the …