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… the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … AND ITS MINIMAL PROBATIVE VALUE WAS FAR OUTWEIGHED BY ITS UNFAIR PREJUDICE. 2. THE IN-COURT IDENTIFICATION SHOULD HAVE … depicted the robber. It seems to us unlikely those were the last words spoken during the identification procedure. In …
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… August 15, 2018 APPELLATE DIVISION 2018 A-0985-17T3 2 with committing an armed robbery in Perth Amboy, conspiracy, and … in Gregory involved a defendant's sale of one glassine envelope of heroin to an undercover police officer … with intent to distribute, concluding that it was unfair to him for the State to prosecute him for that offense, …
BERNICE PISACK, ETC. VS. B&C TOWING, INC., ET AL. VS. THE CITY OF NEWARK EPTISAM PELLEGRINO, ETC. VS. NICK'S TOWING SERVICE, INC., A-5668-16T3 ET AL. CHRISTOPHER WALKER, ETC. VS. ALL POINTS AUTOMOTIVE & TOWING, INC., ET AL. (L-6501-13, L-1606-17 AND L-792
Opinions
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… NICK'S TOWING SERVICE, INC., Defendant-Respondent, and NICHOLAS TESTA and SUSAN TESTA, Defendants. … Accordingly, we issue a consolidated opinion to address the common questions presented by these appeals. Having reviewed … administrative remedies before the Division of Consumer Affairs (Division) or dispute resolution procedures …
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… LLC, d/b/a SIMS METAL MANAGEMENT, WESTERN OIL FIELDS SUPPLY COMPANY, d/b/a RAIN FOR RENT, ACCREDITED ENVIRONMENTAL … performed, such a proportion of the entire price as the fair cost of that work bears to the fair cost of the whole … reviewed orders compelling arbitration because the automobile sales contracts executed by plaintiffs included an …
ADP, LLC VS. ERIK KUSINS ADP, LLC VS. RYAN HOPPER ADP, LLC VS. ANTHONY M. KARAMITAS ADP, LLC VS. NICK LENOBLE ADP, LLC VS. MICHAEL DEMARCO ADP, LLC VS. DANIEL HOBAICA (C-000264, C-000023-16, C-000143-16, C-000117-16, C-000120-16, AND C-000118-16, ESSEX CO
Opinions
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… several years. The RCA included non-solicitation and non-compete provisions that restricted an employee from … on the number of employees a Client has or a particular class of business using an ADP product or service). e. … duty of loyalty, misappropriation of trade secrets, and unfair competition. Kusins's answer and counterclaims …
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… for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … benefit rate." Ibid. (citing N.J.S.A. 43:21-5(b)). Lastly, the most severe degree of employee behavior under … Compensation, etc., § 38 at 541 (1943), suggests the fair intendment of the statute: [Silver, supra, 430 N.J. …
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… contends that the admission of this expert testimony unfairly impugned her overall credibility and thereby deprived … seminal opinion in Nichols v. American National Insurance Company, 154 F.3d 875 (8th Cir. 1998). A qualified expert is … of Mental Disorders ("DSM-IV"), a major authoritative text classifying mental disorders, defined "malingering" as "the …
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… or prosecution. 1 He contends that the Law Division judge committed numerous trial errors, all but one of which are … a number of the witnesses in this case share the same last name, we refer to them by their first names to avoid … OWN DWELLING, WAS PLAIN ERROR AND DEPRIVED DEFENDANT OF A FAIR TRIAL. (Not Raised Below). POINT II A-5586-18 18 IT WAS …
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… single opinion, defendant Joseph Ehrman challenges numerous complaint-summonses issued in municipal court by the Jersey City Department of Housing, Economic Development and Commerce (Department) for municipal violations in rental … position that any remedy other than dismissal would "unfairly prejudice" him "personally and/or professionally." …
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… FIRM, LLC, Plaintiffs-Appellants, v. PROASSURANCE CASUALTY COMPANY, Defendant-Respondent, and ALL POINT INSURANCE … to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … at 332. The Court noted that "[t]he duty of good faith and fair dealing pervades insurance contracts." Id. at 347 …
njcourts.gov
… in other cases is limited. R. 1:36-3. 2 A-3993-19 In her complaint, plaintiff Stacie Percella alleges defendant City … of contract, breach of the covenant of good faith and fair dealing, and for violations of Title VII of the Civil … she was new to the case, she had been involved in an automobile accident, and plaintiff's son had been in the …
njcourts.gov
… to construct a two-story, 36,000 square-foot building with glass walls. On this nine million dollar project, John … for their charitable foundation. The project was never completed and plaintiffs eventually sold the property for … doctrine are to promote judicial efficiency, assure fairness to all parties with a material interest in an …
njcourts.gov
… Convery, Gonzales and defendant's mother were in "a classroom[-]type area" as Convery reviewed a "Juvenile … to the child's learning environment and necessary accommodations. 20 U.S.C. § 1414(d)(1)(A)(i). 9 A-0984-18 … and its prejudicial effect on [defendant's] right to a fair trial," State v. Wakefield, 190 N.J. 397, 437 (2007), …
njcourts.gov
… Jersey City contracted with the Jersey City Water Supply Company, JCMUA's historic predecessor, to secure and provide … stated that it considered the following settlement terms "fair, reasonable and equitable": I. The terms of the … of the trial court." Boyle, 257 N.J. at 477 (quoting Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
njcourts.gov
… orders, dated March 29, 2024, dismissing with prejudice his complaint against defendants Colin Keiffer, a Deputy … 454 U.S. 312, 317-18 (1981) (quoting United States v. Classic, 313 U.S. 299, 326 (1941)). A private person "who … in the relevant events, but whether the action taken can be fairly attributed to the state itself." Id. at 638-39 …
njcourts.gov
… convictions, it found that the matter fell within the class of gun possession cases that the Graves Act was … public. The State concluded that because defendant “was noncompliant with the officers and his actions placed the … the mark sought to be accomplished by PTI that fundamental fairness and justice require judicial intervention. Here, …
njcourts.gov
… OF THE SUPERIOR COURT SUPREME COURT OF NEW JERSEY ADVISORY COMMITTEE ON JUDICIALCONDUCT Docket No.: ACJC 2019-215 … Plaintiff had harassed her during the pend ency of the affair, and her marriage. 9. The testimony at the hearing … hard to believe. So, J.V., I was born at night. It was not last night. You have been having a relationship with F.T. …
njcourts.gov
… GROUP, INC, Plaintiff-Respondent, v. LEXINGTON INSURANCE COMPANY, Defendant-Appellant. _________________________ … conclusion: (1) the plain language of the policy and (2) fairness and intent of the parties. The court emphasized … Ins. Co., we recently clarified that there are two classes of covered insured: those expressly named and those …
njcourts.gov
… But they may not use deadly force if they can retreat with complete safety. The castle doctrine provides an exception … told Fletcher he was going to have sex with her “for the last time.” Not long after, Anderson began to cut himself … of the court. II. Defendant argues that he was denied a fair trial because the jury charge failed to instruct that …
njcourts.gov
… In the days and weeks leading up to the murder, defendant committed acts of domestic violence, causing the victim to … CAPACITY DEFENSE, WHICH DEPRIVED [DEFENDANT] OF A FAIR TRIAL. POINT IV THE TRIAL COURT ERRED BY NOT GRANTING … stains throughout the 11 A-2242-19 vehicle," "broken glass from the driver's side window" inside and outside the …