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- A-78-19 Opinionnjcourts.gov… of the dealership’s loaner vehicles notwithstanding the compulsory bodily injury liability coverage required for all … automobile be insured by its owner, not its driver, is foundational to the permissive user rule, which provides … of increased costs on the dealer, as a matter of simple fairness, the costs of injuries to third parties should be …
- A-53/22-19 Opinionnjcourts.gov… the time” to give him either the total amount or the per diem interest rate. Winberry testified that he then offered … before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … the regulations of New Jersey’s Department of Community Affairs, and “is not the final policymaker in the area of tax …
- A-22/53-19 Opinionnjcourts.gov… the time” to give him either the total amount or the per diem interest rate. Winberry testified that he then offered … before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … the regulations of New Jersey’s Department of Community Affairs, and “is not the final policymaker in the area of tax …
- A-13/14-17 Opinionnjcourts.gov… elect smaller amounts of personal injury protection (PIP) under a standard policy? Each plaintiff in this appeal was … limit the right of recovery, against the tortfeasor, of uncompensated economic loss sustained by the injured party” -- … enacted further cost-containment measures via the “Fair Automobile Insurance Reform Act of 1990.” L. 1990, c. …
- A-4-17 Opinionnjcourts.gov… must prove actual harm to a child to convict a defendant under N.J.S.A. 2C:24-4(a), endangering the welfare of … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … of North Bergen, 77 N.J. 538, 556 (1978)). It is eminently fair to observe that “where a statute has been judicially …
- A-2/3-17 Opinionnjcourts.gov… ongoing pain with Dr. Steven Kahn, who performed nerve decompression surgery. When her symptoms recurred, Dr. Kahn … fields of neurology, internal medicine, and electrical studies of the brain. During his direct examination, Dr. Mark … to divert the minds of the jurors from a reasonable and fair evaluation of the issues in the case. Determinations of …
- A-67-16 Opinionnjcourts.gov… between fantasy and reality, and who was declared incompetent as a witness by the court, was permitted to … could convey little reliable information. Although it was undisputed that John took a bus to summer school, he … at such time as to provide the adverse party with a fair opportunity to prepare to meet it; (b) the court finds, …
- A-57-16 Opinionnjcourts.gov… may not have been summarized.) David Spade v. Select Comfort Corp. (A-57-16) (078611) Argued November 8, 2017 -- … of sale or sale orders are used for merchandise ordered for future delivery.” N.J.A.C. 13:45A-5.1(a). Plaintiffs David … clearly established consumer rights, and to provide remedies for posting or inserting provisions contrary to law. A …
- A-56-16 Opinionnjcourts.gov… Decided August 1, 2017 RABNER, C.J., writing for the Court. Under the Criminal Justice Reform Act (CJRA), which went … loaded with eight rounds. The State charged defendant in a complaint-warrant with second-degree unlawful possession of … to design appropriate pretrial procedures that “provide a fair and reliable determination of probable cause as a …
- A-48-16 Opinionnjcourts.gov… Kavanaugh, the initial zoning officer. The nub of Harz’s complaint is that she had to expend substantial funds to … evidence that a direct appeal to the Board would have been futile. In fact, in response to her appeal, the Planning … is one of the Civil Rights Act’s “most powerful remedies” because it allows average citizens to attract …
- A-35-16 Opinionnjcourts.gov… Alliance Healthcare (Alliance) hired Ardan as a healthcare communicator. Seven weeks later, Alliance terminated her … to “suitable work” at the Medical Center would have proven futile. The Board of Review properly found that Ardan failed … Those rules 23 are “based on our long-held notions of fairness and due process.” Id. at 563 (quoting Cruz v. Cent. …
- A-69-13 Opinionnjcourts.gov… 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 …
- A-41-13 Opinionnjcourts.gov… 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 …
- A-35-13 Opinionnjcourts.gov… 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 …
- A-10-13 Opinionnjcourts.gov… 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] …
- A-52-12 Opinionnjcourts.gov… 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 …
- A-55-14 Opinionnjcourts.gov… 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 …
- A-41-14 Opinionnjcourts.gov… 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 …
- A-13-14 Opinionnjcourts.gov… 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 …
- A-9-14 Opinionnjcourts.gov… 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 …