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… State’s expert’s testimony concerning Child Sexual Abuse Accommodation Syndrome (CSAAS) offered against J.R. conformed … victim in this case. She told the jury, however, that studies of confirmed child victims of sexual abuse have … supra, 130 N.J. at 559). The Court warned that, [i]n the future, prosecutors and trial courts must insure that the …
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… or defendant) motions for summary judgment in these two companion cases (referred to herein as the “Caprioti action” … argument on Page 2 of 21 August 19, 2016, took the motions under advisement, and after carefully reviewing the motion … primary consideration underlying a statute of repose is fairness to a defendant, the belief that there comes a time …
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… Court. In this appeal, the primary issue is whether, under the statutory and regulatory provisions of the … a spinal cord injury. The injury rendered plaintiff an incomplete paraplegic. Sahara Sam’s contracted with Aquatic … for review to the New Jersey Department of Community Affairs, Amusement Safety Ride Unit (DCA). Based on the …
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… Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Respondent. … From August 2010 through August 2011, Phibro funded four studies at the University of Georgia and a commercial … insurance in case some form of accident might occur in the future does not lose that protection just because he or she …
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… rose, retirees who retired after 1952 watched their fixed incomes drop in real terms. The Legislature responded in the … cost-of-living adjustment at the 2011 level for current and future qualifying retirees. L. 2011, c. 78, § 25. The … intent to create a non-forfeitable right to COLAs. Fairly viewed, the parties’ many arguments are reasonable. …
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… on the front door. After knocking, the sergeant heard a commotion inside the apartment. He announced that he had a … apartment was July 5, 2006. The record does not contain irrefutable evidence to support that assumption. However … evidence offered by the defense and necessary for a fair trial is kept from the jury. A person who confesses to …
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… 2011, DeMarco and his wife filed a medical malpractice complaint in New Jersey alleging that Dr. Stoddard … Legislature has not constructed a matrix of alternate remedies for other types of liability insurance, including … in this case related to the likelihood of potential future claims 13 arising outside of Rhode Island. They …
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… rule to plaintiff’s personal injury claims. Under the mode-of-operation rule, a business invitee who is … A new trial is warranted only where the jury could have come to a different result had it been correctly instructed. … and proper charges to a jury are essential for a fair trial.’” Velazquez ex rel. Velazquez v. Portadin, 163 …
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… drivers to dim their high beams only when approaching an oncoming vehicle within 500 feet. The Court granted the … because it is not fully consonant with the interests embodied in Article I, Paragraph 7 of the State Constitution. … abuses associated with such searches and the potential for future abuses. Adherence to stare decisis serves a number of …
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… unanswered, the officers entered with guns drawn. They found neither victims nor a gunman. However, an open duffel … to determine whether the search of defendant’s hotel room comported with the dictates of both the Federal and State … “are not truly anonymous” and “that a 9-1-1 call carries a fair degree of reliability inasmuch as it is hard to …
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… In this appeal, the Court considers the circumstances under which qualified immunity insulates law enforcement … opened the passenger-side door and smelled burnt marijuana coming from the vehicle. When Ruocco asked plaintiff if he … of competence required for qualified immunity, it cannot fairly be said in this instance that no reasonably competent …
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… systems’ unfunded liabilities over a period of years. The combination of these amounts is known as the annually … called for by the statute. 1. No analysis of this matter fairly can commence without initially recognizing the … intended to create a contractual arrangement to address future payment into the funds to promote the fiscal health …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Bio to continue to operate without any detriment to its future business prospects, should it be determined that its … to LifeCell’s decellularization solution in terms of ingredients, concentration, combination, and pH. TELAMax’s …
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… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … control test. On August 10, 2010, the municipal court found defendant guilty of DWI. On de novo review, giving due … the panel declined to address whether the evidential record fairly supported the Law Division’s guilty finding under the …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … dismiss. (Footnote continued) The Court found that under a fair reading of the complaint pursuant to the motion to … necessary can be accomplished by some less onerous expedient.” Id. Coty argues that a receiver is necessary to …
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… occasions, and, on one occasion, Hill made inappropriate comments toward her and directed a female officer to … Supreme Court that the Ellerth/Faragher analysis provides a fair and practical framework for supervisor sexual … under the employer’s policy before pursuing legal remedies. She concedes that an employer may present evidence of …
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… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking … that defendants could call Dr. Hayken as a witness to refute Dr. Rosen’s comments. At the pretrial hearing, … He concluded his opening statement by stating, “[l]adies and gentlemen, the evidence will show that [plaintiff] …
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… to Rule 2:12A-1. The Third Circuit’s inquiry is whether, under New Jersey law, a tax sale certificate purchaser holds … (Princeton Office Park) purchased a 220,000 square foot commercial building on thirty-seven acres of land in the … the least burden on the property owner, consistent with fair protection to the purchaser at a tax sale.” Assemb. 52 …
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… permits intercepting and monitoring out-of-state communications in New Jersey. The jury found defendant guilty. The Appellate Division affirmed … of a defense medical expert, in a manner that denied him a fair trial. Third, defendant claims that the trial court …
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… action against O’Neill. In April 2009, Manahawkin filed a complaint in which O’Neill was named as the sole defendant. … counsel should ensure that each party’s rights and remedies are clearly reflected in contracts and communications … of construction. Contracts should be read “as a whole in a fair and common sense manner.” Hardy ex rel Dowdell v. …