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njcourts.gov
… . . .would have gleaned any exculpatory evidence or compelling evidence whatsoever . . . ." On the motion for an … violation based on the State Constitution and fundamental fairness to defendant as expressed in the 7 A-2204-20 … judges with discretion in reviewing a party's failure to comply with discovery. See R. 7:7-7(j) (providing that where …
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njcourts.gov
… NEW JERSEY TRUCK SERVICES, Defendants, and THE ANDOVER COMPANIES, and MERRIMACK MUTUAL FIRE INSURANCE CO., … prepared an incident report. Cutruzzula stated he had last seen the excavator on September 1, 2016. He told police … 14 A-0365-20 Under the presented circumstances, there was a fairly debatable reason for the delay in handling the claim. …
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5.71
Charges Document PDF
njcourts.gov
… of liability based on either: (1) a claim of plaintiff’s comparative negligence; or (2) a claim of plaintiff’s injury … of alcohol under the Licensed Alcoholic Beverage Server Fair Liability Act (the “Dram Shop Act”), N.J.S.A. 2A:22A-1 … because of the Legislature’s recognition that minors as a class are less likely than adults to drink responsibly and …
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njcourts.gov
… due to defendant if defendant's work were defective or incomplete, among other things, "on any other contract" … contract, which is to provide an effective, expedient, and fair resolution of disputes . . . be severely undermined." … was an arbitrable grievance of which defendant had notice. Lastly, defendant challenges plaintiff's alleged late …
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njcourts.gov
… section. R. 6:1-2(a)(2). Plaintiff certainly could have commenced this action in the small claims section, but he … of the suit does not offend 'traditional notions of fair play and substantial justice.'" Int'l Shoe Co. v. … without incident but Warwick failed to pay for the last order, apparently because New York laws prevented the …
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njcourts.gov
… appeals from an order dismissing with prejudice his complaint for lack of personal jurisdiction over a New York … at a New York hospital. We affirm the dismissal of the complaint for lack of personal jurisdiction, but remand with … of the suit does not offend "traditional notions of fair play and substantial justice." [International Shoe Co. …
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njcourts.gov
… to the premises. 3 A-0320-21 A few weeks after filing the complaint, plaintiffs retained Archer and its partner Kerri … as their new counsel. Chewning filed a first amended complaint in June 2020 and a second amended complaint in … covenants; breach of the covenant of good faith and fair dealing; breach of fiduciary duty; unjust enrichment; …
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njcourts.gov
… Argued November 12, 2020 – Decided Before Judges Fuentes, Rose and Firko. On appeal from the Superior Court … the order under review, and remand for reinstatement of the complaint. We summarize the facts from the limited record … we recognize the AMS statute was "designed to 'strike[] a fair balance between preserving a person's right to sue and …
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njcourts.gov
… history from the record evidence. Maple Shade purchased commercial property located at the intersection of Route 38 … the intersection was marked by high volume traffic during commuter hours; the DOT rated the intersection as "F," for … Seeking compensation for the costs of construction, and "fair market value of the land it was required to dedicate," …
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njcourts.gov
… on his claim for personal injuries sustained in an automobile accident. The judgment was based on the jury's … should not offer an opinion on something that the jury can come to a decision to on its own. Id. at 469-70. The purpose … counsel's summation, he argued, "I certainly think it's a fair inference to make that [defendant] took his eyes off …
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njcourts.gov
… actions caused the victim's death and that he was an accomplice to the robbery. 3 A-2515-15T4 Defendant's direct … ski mask found at the scene would show that "someone else committed the crime." To support his application, defendant … AND FEDERAL CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL. 7 A-2515-15T4 We defer to the factual findings …
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njcourts.gov
… MOU, the provisions of the MOU govern. In the MOU, the City committed to make a good faith effort to secure funding for … the City fully advised of any contract negotiations, and to comply with all applicable laws. On May 20, 2009, the City's … enjoyment; breached the implied covenant of good faith and fair dealing; slandered title; and interfered with its …
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njcourts.gov
… the facts from the record developed on the motions to compel discovery and dismiss ARF's pleadings. The record … in Woodbridge (the Property). In June 2017, Seaside filed a complaint seeking to quiet title to the Property and declare … so that the merits of the substantive claims can be fairly evaluated. Accordingly, we reverse and remand with …
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njcourts.gov
… contract to coach one of the school's athletic teams, who becomes "permanently and totally disabled as a direct result … which specified that the "fundamental purpose of interscholastic athletics" was, among other things, to "foster the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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njcourts.gov
… incident, Villanueva had broken up with defendant and become romantically involved with Romero. Text messages read … believe defendant’s attorney could not represent defendant fairly, noting his counsel was an experienced lawyer. The … charges to the jury on these lesser-included offenses. III. Lastly, defendant contends his eighteen-month sentence for …
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njcourts.gov
… March 27, 2019 – Decided April 16, 2019 Before Judges Fuentes and Vernoia. On appeal from Superior Court of New … with prejudice the single cause of action asserted in their complaint against defendant TD Bank, N.A. (TD Bank), for … (third count), and breach of their duty of honesty and fair dealing (fourth count). The complaint further asserted …
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njcourts.gov
… appellant's application after it adopted, without further comment, the findings and conclusions reached by an … appellant with Guillain-Barre syndrome, treating her with "plasma exchange therapy" that was to remove inflammatory … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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njcourts.gov
… substantially for the reasons set forth in the judge's comprehensive written decision rendered on November 16, … in total land area and approximately forty percent of it is comprised of wetlands. 3 A-1744-18T4 which permits single … suitable for the proposed use." [Smart SMR v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998)] …
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njcourts.gov
… (10) "order or sequence set," as the he was not directed to complete his work in a particular order or sequence; (11) … they establish enough control for the individual to be classified as an employee under the common-law test." The … As we stated in another pension case: [W]here the result is fairly debatable and is based upon policy choices made by …
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njcourts.gov
… attorneys for respondent (Charles W. Miller, III, and Nicholas Spindler, on the brief). PER CURIAM In this residential … 6, 2016 Chancery Division order, reinstating plaintiff's complaint, and the October 20, 2017 Chancery Division order, … defendants' claim that plaintiff failed to comply with the Fair Foreclosure Act. The judge found the remaining defenses …