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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 … presented clear and convincing evidence that the defendant committed the offense. The judgment of the Appellate …
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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 … argument that the family members testified falsely about coming forward to the police, the jury was entitled to …
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… purchased the property at issue here (the property), a commercial warehouse located next to the existing church. In … building, electric, and fire inspections remained incomplete, and no certificate of occupancy had been issued as … 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 … to fraud and 3 misrepresentation and provides unique remedies intended to root out such conduct. Although the Court …
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… of a trial record that included evidence establishing an incomplete affirmative defense, the Court considers the … confessed to all three robberies and implicated purported accomplices, including defendant Raymond Daniels, who Fairley … 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 … to the doctrine of exhaustion of administrative remedies. Relying on the Court’s decision in Pheasant Bridge … were not required to exhaust their administrative remedies by seeking a variance before initiating their …
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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 … That amendment was prompted by a Motor Vehicle Study Commission report recommending enhanced penalties for … 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 … of the false names evidence was error. Because the outcome of the trial depended on the jury’s credibility …
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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 … payments are subject to the collateral source rule embodied in N.J.S.A. §2A:15-97 and, accordingly, cannot be …
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… heirs and executor of the estate of Viviana Ruscitto, filed complaints seeking compensatory and punitive damages on … criteria for the use of the morcellator, as well as talking points for providers to discuss and document with the … the morcellator and then developed the attached talking points that follow the FDA outline but [Dr. Goldman] added …
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… offenses, as well as the discharge of a firearm during the commission of a drug trafficking crime. Following their … defendants , as relevant here, for murder and conspiracy to commit murder. In federal court, defendants received a … to the exclusion of N.J.S.A. 2C:1-3(f). Second, the State points to the tense of the same part of the statute, arguing …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS VALLEYBROOK COUNTRY CLUB, LLC, et al., … exercise of that civil authority was the virus. Plaintiff points to no direct physical loss or damage to covered … the insurance policies in the first instance. Plaintiff points to no language in the insurance policy or …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MORRIS … Third-Party Plaintiff, v. ENDURANCE AMERICAN INSURANCE COMPANY Third-Party Defendant. Decided: February 16, 2018 … Cert. in Supp. of Prudential’s Mot., Ex. G. Honeywell points out that November 18, 2015 letter specifically states …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS VALLEYBROOK COUNTRY CLUB, LLC, et al., … exercise of that civil authority was the virus. Plaintiff points to no direct physical loss or damage to covered … the insurance policies in the first instance. Plaintiff points to no language in the insurance policy or …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS PJSC ARMADA and ARSENAL ADVISOR LTD., … venture. PJSC Armada (“Armada”) is a public joint stock company registered in the Russian Federation, whose shares … in having localized controversies decided at home, also points to Russia as the appropriate forum, because the key …
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… the Vineland Police Department began his evening shift by compiling a computer-generated list of outstanding warrants in the area. … is remanded to the Appellate Division for consideration of Points II and VI, as enumerated in the panel’s opinion, …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS _____________________________________ … there was no assessment of additional CBT for 2007-2011, it points out that this subsection is silent whether the … part of the business activity of either member.” R.O.P. points out that this regulation does not apply since it is …