njcourts.gov
… failure to subpoena Hua prevented him from presenting a complete defense. Following oral argument, the PCR judge … defendant's case was not prejudiced, and the outcome was not affected, by Dr. Hua's failure to appear. III. … but also that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 …
njcourts.gov
… grossing $143,000 annually and defendant having no earned income. Pursuant to the JOD, the parties agreed defendant had … validity and enforceability' in equity, provided they are fair and just," because they are "essentially consensual and … change has not been shown to be a permanent condition or of lasting duration. Larbig, 384 N.J. Super. at 22-23. There is …
njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS PARAMOUNT VENDING SERVICES, SUPERIOR … the order’s perpetuation serves the ultimate goal of the fair and efficient administration of justice.” Id. at 138. … Pl. Br. at 11, 15-16 (citing S. 4043 15 (L. 2021, c. 417)). Lastly, plaintiff argues that, because the Court “relied …
njcourts.gov
… yelled at her on multiple occasions and made her feel uncomfortable and unsafe. Plaintiff explained they had "been … disregarded her statement and met plaintiff outside of her classroom. She told him "[she didn’t] want to talk." As … amount of fees requested so that the reduced amount was "fair and reasonable and more commensurate with the issues in …
njcourts.gov
… Owen J. Lipnick, on the brief). PER CURIAM In this commercial foreclosure action, appellant Simon Zarour … After obtaining leave of court, Prompt filed an amended complaint to address an issue relating to a subordinate … "a fact-specific inquiry that weighs considerations of fairness and comity[,]" which we review under an abuse of …
njcourts.gov
… against 2820. The trial court found 2820 failed to comply with its discovery orders, and as a result, the court … 2820." 4 A-3726-22 counsel offered to produce the names and last known addresses of three persons identified by … that imposes a sanction consistent with fundamental fairness to both parties." Id. at 125 (alteration and …
njcourts.gov
… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-677. Jeanne-Marie Scollo, … General, attorney for respondent, New Jersey Civil Service Commission (Levi Klinger-Christiansen, Deputy Attorney … 17, 2019. On August 19, 2019, Spencer told an Internal Affairs Investigator that she was out of the country and would …
njcourts.gov
… as declared by the Governor. The PHECA further required the Commissioner to act "in accordance with this section . . . … it is arbitrary, capricious, or unreasonable, or lacks fair support in the 6 A-0247-23 record. In re State & Sch. … 80 N.J. 6, 44 (1976)). A fundamental right or suspect classification is subject to strict scrutiny but other rights …
njcourts.gov
… defendant in violation of litigant's rights for failing to comply with the MSA, hold him in contempt for violating the … inequitable" and justifies a modification of support. Glass v. Glass, 366 N.J. Super. 357, 379 (App. Div. 2004). A … circumstances that render the agreed upon terms no longer "fair and equitable." Lepis, 83 N.J. at 148; see Morris v. …
njcourts.gov
… DR. LUDMILLA MECAJ, Plaintiff-Appellant, v. SUSSEX COUNTY COMMUNITY COLLEGE, Defendant-Respondent. … she was a licensed physician. In addition to teaching classes, SCCC permitted her to recruit foreign students from … Equitable estoppel is "founded in the fundamental duty of fair dealing imposed by law" and prevents injustice by not …
njcourts.gov
… order denying his motion to "amend" his then time-barred complaint in an action previously dismissed without … Because we agree with the trial court that the complaint is indisputably time-barred, we affirm. The facts … principal consideration behind statutes of limitations is fairness to the defendant." Id. at 102. The five failed …
njcourts.gov
… his parents in the April 2017 sale of their home. The complaint also asserted a legal malpractice claim against … that granted the summary judgment dismissal of his amended complaint against defendants Feeney and Dixon, LLP (F&D) and … The POAs gave Frank broad power to conduct affairs on his parents' behalf, including to "sell and convey …
njcourts.gov
… 2 A-0380-23 modification of child support, imputing income to defendant in the amount of $125,000 annually. … change in circumstances. Plaintiff further argued that the last child support order in August 2019 factored in … v. Howell, 456 N.J. Super. 300, 309 (App. Div. 2018). "The fairness of a child support award resulting from the …
njcourts.gov
… $215.00 per month. On October 30, 2019, plaintiff filed a complaint in the Special Civil Part against defendant for … to defendant at his condominium unit address, which was his last known address. Defendant did not respond to plaintiff's … a clear abuse of discretion." DEG, LLC v. Twp. of Fairfield, 198 N.J. 242, 261 (2009); see Horizon Health Ctr. …
njcourts.gov
… for the reasons set forth by the trial court in its comprehensive written decision. I. We discern the salient … 87 (2002) (quoting Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 336 (1998)). … "over intensification" of the use of the property, a complaint testified to by the objectors, plaintiffs' …
default
… In the event that the retiree and the retiree's spouse become eligible for [M]edicare then the Borough shall be … On September 20, 2012, the Public Employment Relations Commission (PERC) referred the matter to an arbitrator for a … 469 (1982). A decision is "reasonably debatable" if it is "fairly arguable." Standard Oil Dev. Co. Emps. Union v. Esso …
default
… from 2012 to 2016. In return, plaintiff was obligated to compensate defendant under the terms of the agreement. … under the agreement. In response, plaintiff filed a complaint in lieu of prerogative 1 For simplicity, unless … of damages, but courts require a "reasonably accurate and fair basis for the computation of alleged lost profits." …
default
… On the day of the stabbing, defendant testified he saw a commotion on the street, and was told that Castro 4 … that Jones was not charged with the murder because he committed a disorderly person's offense of simple assault. … defense to the extent that the defendant was deprived of a fair and reliable trial outcome. Strickland, 466 U.S. at …
default
… factor 4 and weighs in favor of admission. C. The State's recommendation of probation and the Court's finding of … a loss; and (2) [t]he defendant is able to pay or, given a fair opportunity, will be able to pay restitution." N.J.S.A. … how they arrived at a particular sentence."); State v. Fuentes, 217 N.J. 57, 74 (2014) ("the court must 'state …
default
… defendant's judgment of conviction, which states that his last name is "Toussaaint." NOT FOR PUBLICATION WITHOUT THE … N.J.S.A. 2C:41-2(c) (count one); first-degree conspiracy to commit murder of Almeen Palmer, N.J.S.A. 2C:5-2; N.J.S.A. … cumulative errors, defendant was denied due process and a fair trial, in violation of the United States Constitution …