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- A-1414-17T3/A-1616-17T3 Opinionnjcourts.gov… which the Department of Environmental Protection (DEP) commenced in 2004 seeking injunctive relief and civil … a number of recommendations that included performing studies regarding the spillway, designing modifications to … the "square corners" doctrine, and notions of "fundamental fairness." These arguments lack merit. "In New Jersey, as …
- A-3793-17T2 Opinionnjcourts.gov… 16, 2016. The MSA contains 108 numbered paragraphs that comprehensively address and resolve all the issues … illustrated in a graph and was expected to work "for all future years and the [defendant] and the [plaintiff] shall … case "when there is any . . . reason which might preclude a fair and unbiased hearing and judgment, or which might …
- A-4058-18 Opinionnjcourts.gov… v. LIME CONTRACTING, INC., and KEMPER INSURANCE COMPANY, a Corporation, as successor in interest to … as the work progressed, ultimately consisted of several hundred pages of documents, drawings, meeting notes, and … [AND] SUMMARY JUDGMENT. 26 A-4058-18 D. THE KEMP4 POLICY OF FAIRNESS [AND N.J.R.E.] 104 HEARING. E. NEGLIGENCE …
- A-0709-19 Opinionnjcourts.gov… 1) did not evaluate Dock 2 as an "energy facility" under N.J.A.C. 7:7-15.4, leading it to fail to consider … River previously used by E.I. du Pont de Nemours and Company (DuPont), an industrial site known as the DuPont … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Circus Liquors, Inc. v. …
- A-2876-18 Opinionnjcourts.gov… DIVISION DOCKET NO. A-2876-18 INDEPENDENT VOLUNTEER FIRE COMPANY and JOSEPH J. CARUSO, III, Plaintiffs, and JOSEPH … charges, a period of discovery, and a hearing" within one-hundred- twenty days. Before the hearing took place, the Town … . . . is limited to 'the authority to control the general affairs of a volunteer fire department,' and a municipality …
- A-3937-19 Opinionnjcourts.gov… Revitalization Index (MRI) of the New Jersey Department of Community Affairs (the DCA) characterizes the City as a "distressed" … public policy sufficient to vacate an award must be embodied in legislative enactments, administrative regulations, …
- A-3336-18 Opinionnjcourts.gov… trailer for defendant ABF Freight System. The jury found both drivers negligent, but Hassan slightly more so. … m.p.h. Williams said, "[A]ll of a sudden, out of nowhere I come up on this Fed-Ex truck." As he rapidly approached … evidence would not "divert jurors 'from a reasonable and fair evaluation'" of the issues before them. See State v. …
- A-3654-18 Opinionnjcourts.gov… July 23, 2018, and March 15, 2019 orders dismissing his complaint for failure to state a claim and a February 23, … By Applying Waiver D. Exhaustion Of Administrative Remedies Is No Defense 17 A-3654-18 E. The Litigation Privilege … to play football through the administrative courts futile." "[T]he exhaustion of remedies requirement is a rule …
- njcourts.gov… and Smith. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2011-3536, 2011-2422, 2011-4168, … that may be deemed appropriate," "for certification against future vacancies." In addition, the letters informed the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record . . . ." Circus Liquors, Inc. v. …
- A-3031-18 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … of eight counts of sexual assault and other offenses he committed against his fiancé's minor daughter, K.I. … which the trial judge denied. Defendant claims he was unfairly prejudiced by these circumstances, and therefore …
- A-1703-19 Opinionnjcourts.gov… 2012. In October 2018, Lucy met Joan in person after having communicated with her online since April. Lucy and Joan … really nice and I kind of -- I kind of like having them around better cause I feel like -- I don’t know, they’re just … compel discovery; and (9) any other factor bearing on the fairness of an award. [R. 5:3-5(c).] "[T]he party requesting …
- A-1405-19 Opinionnjcourts.gov… and Enright. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-2466. Fusco & Macaluso Partners, … the accommodations, he did "not see [him]self having a future with" respondent. Petitioner did not attend the … agencies in contested administrative adjudications is a fair preponderance of the evidence."). The Commission …
- A-1612-19 Opinionnjcourts.gov… to the joint venture. Boutte, Karaka, and their separate companies declined to pay plaintiff. The following is a more … Karaka replied that some of the work was unexpected and future projects, which PCB anticipated would be more … claims against defendants for tortious interference, unfair competition, and breach of the joint venture. …
- A-2083-19 Opinionnjcourts.gov… City of Elizabeth and J. Christian Bollwage (La Corte, Bundy, Varady & Kinsella, attorneys; Robert F. Varady, of … and McDonald appealed the promotions to Civil Service Commission (Commission). Plaintiffs requested that two of … that the transfer was requested by Cosgrove. Internal Affairs (IA) Sergeant Stephen Negrey testified that Shannon …
- A-3550-19 Opinionnjcourts.gov… of a controlled dangerous substance (CDS), lysergic acid diethylamide (LSD), N.J.S.A. 2C:35-5(a)(1)(b)(6), one count … instruct the jury regarding the prosecutor's improper comments during closing argument. Finally, he argues we … the burden of proof and therefore deprived defendant of a fair trial. Specifically, defendant maintained the remarks …
- A-1423-18 Opinionnjcourts.gov… on the seized evidence. Defendant also claims he was not competent to stand trial and his due process rights were … I. On March 25, 2015, defendant was arrested after he was found in possession of heroin and cocaine. A grand jury … to stand trial deprives him of his due process right to a fair trial." 32 A-1423-18 Drope v. Missouri, 420 U.S. 162, …
- A-4005-17 Opinionnjcourts.gov… male, who was approximately 5'10" tall , weighed 170 pounds, wore a black hooded sweatshirt that displayed a skull … the incident as a member of the department's Internal Affairs Unit, testified at trial he believed defendant ran … the State relied on evidence defendant had a motive to commit the murder, arguing Patel was the victim and primary …
- A-1425-20 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … On July 30, 2020, plaintiff filed a Domestic Violence Civil Complaint against defendant alleging predicate acts of … he instructed defendant to "check in" with the Internal Affairs Department any time he was in the area of 25 …
- A-1280-19 Opinionnjcourts.gov… the recruiting industry and purchase a document destruction company. To this end, 1 This claim was based on the Levitt … of any grace periods applicable thereto, all existing and future indebtedness of the Borrower to the undersigned will … the Lender's exercise of any of the Lender's rights or remedies or by any such action or by any number of successive …
- A-3085-19 Opinionnjcourts.gov… Ko, Keating Robinson, and Peggy McMahon dismissing the complaint. We affirm. We derive the following facts from the … clarity so that the plaintiff will have a full and fair opportunity to demonstrate pretext." Id. at 253-256. … Her LAD claims are foreclosed by CEPA's election-of-remedies provision, N.J.S.A. 34:19-8, which plainly states that …