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… Enterprises, and there are genuinely disputed material facts as to whether March Associates breached that duty. I. We glean the following facts from the summary judgment record. Franchini had to … The manual required all ladders "be inspected by a competent person on a periodic basis and after any …
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… and report as well as the Medical Review Board's recommendations. The Board modified its prior decisions, … the diagnosis of . . . [PTSD]." The ALJ then considered the facts surrounding the plane crash and E.T.'s training, … had to establish "a qualifying traumatic event" that "in fact, caused him to be permanently and totally disabled." …
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… Department of Corrections (NJDOC) finding him guilty of committing prohibited act *.009, misuse, possession, sale, … in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching … The sanctions "may be individualized by considering such factors as the": 3 The record on appeal does not include any …
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… auto, N.J.S.A. 2C:12-l(c)(3). We affirm. I. We recite the facts from the plea, sentencing, and motion hearings. In May … her car when she drove through the front façade of a commercial building and into a pizza shop. Three individuals … 1 State v. Warren, 115 N.J. 433 (1989). 5 A-3724-20 After a factual basis for the plea was established, defense counsel …
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… OF M.L.'S1 FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS. … arms. We find his arguments unpersuasive and affirm. The facts are derived from testimony presented at a March 2022 … concern and fear for one's safety under the totality of the facts and circumstances of that incident." The court …
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… and Arnold Kenneth Richmond II.1 We affirm. We recite the facts from the evidence presented to the judge during a … were co-workers. 4 A-0773-22 park. Martianou's boyfriend accompanied Martianou to the park for the visit. According to … On September 16, 2022, the judge placed her findings of fact and conclusions of law on the record. The judge found …
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… Maintenance Treatment 1 (2002), http://www.cdc.gov/idu/facts/methadonefin.pdf.). 3 A-0082-23 At the time of the … naltrexone, methadone, and buprenorphine, in combination with counseling and behavioral therapies, to … court explained that its denial was "based on the unique facts of the case, not . . . on the statutory offense …
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… from an October 21, 2022 Law Division order dismissing her complaint under the Conscientious Employee Protection Act1 … and remand for the reasons that follow. I. We view the facts in the light most favorable to the non-moving party, … arguing that the record shows genuine issues of material fact as to CEPA's fourth prong, warranting denial of summary …
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… DOCKET NO: ATL-L-1550-21 (CBLP) ORDER THIS MATTER having come before the court on cross-motions for summary judgment, … policy provision does not provide coverage under the facts alleged by Plaintiff, whose claim also fails to … complaint is dismissed with prejudice in its entirety. The factual and procedural history is as follows: Plaintiff DGMB …
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… A-3802-21 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff-Respondent/ Cross-Appellant, v. ATLANTIC … parties stipulated—as an insurance coverage matter where no facts were in dispute and the issues to be resolved involved … joint exhibits and a joint statement of undisputed material facts. The court entered an order to that effect on March …
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… (count three). Prior to trial, a motion judge rendered a comprehensive written decision denying defendant's request … applicable law, we affirm. I. Briefly stated, the salient facts are as follows. Detective Tiffany Lenart worked in the … "other considerations, such as economy and judicial expediency, must be weighed" when deciding a severance motion. …
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… (including after his return to custody in March 2024), he committed five disciplinary infractions, including assault … 2024, the Parole Board panel concurred with the findings of fact made by the hearing officer and found clear and … concluded, based on seriousness of the violations and the fact that Kelly had pleaded guilty to having violated all …
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… AND APPEARING AT MULTIPLE HEARINGS, WERE EGREGIOUS SHORTCOMINGS THAT DEPRIVED [DEFENDANT] OF HIS RIGHTS UNDER THE … BY NEGLECTING TO INVESTIGATE AND CALL POTENTIALLY HELPFUL FACT, EXPERT AND CHARACTER WITNESSES. 1. Counsel Was Ineffective for Failure to Present Fact Witnesses Who Were Present During the Relevant Time …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY DOCKET NO. 007457-2017 DECIDED: July 26, 2019 Katherine B. Galdieri for plaintiff Cream Ridge Golf, LLC (The Kelly Firm, … In the New Jersey Tax Court Reports 2 Findings of Fact and Procedural History This matter comes before the …
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… Third-Party Defendant-Respondent, and LEXINGTON INSURANCE COMPANY, a corporation of the State of Delaware, Third-Party … trial court erred in finding coverage. Because the material facts are in dispute, RWJ was not entitled to summary … Dr. Kumar for the Septak surgery, that mistake could be remedied by reformation of the schedule incorporated by …
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… $90,000 down payment. We affirm. I. We discern the material facts from the summary-judgment record, viewing the evidence … Lakes. John was an equities trader, and Lucille was the community director of the Franklin Lakes Recreation and … breach-of- contract claim because genuine issues of fact existed as to whether the parties had entered into one …
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… affirm. The summary judgment record contains the following facts. Plaintiff was a senior lieutenant for defendant … of the inmate's rights. She sent the email from her work computer using her official DOC email account, but believed … whether "there is [a] genuine issue as to any material fact" when the evidence is "viewed in the light most …
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… further proceedings. 3 A-1752-22 I. We derive the following facts from the summary judgment record and view them in the … plaintiff was dispatched "on an emergency basis" to a commercial office building located at 1655 Valley Road in … v. Cutler, 306 N.J. Super. 37, 44 (App. Div. 1997). It "embodies an element of awareness or knowledge on the part of the …
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… 1) he was not properly served with the Seventh Amended Complaint; 2) plaintiff failed to establish prima facie … of this matter is necessary. We discern the following facts from the limited record before us. In 2009, Richard … The Complaint alleges Michael aided in the fraud after the fact by "receiving the payments of misappropriated funds" …
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… DIVISION DOCKET NO. A-0039-22 IN THE MATTER OF THE CIVIL COMMITMENT OF T.W., SVP 154-01. ____________________________ … State's experts1] testified to, has been a big prohibitive factor in [T.W.'s] development and . . . treatment." Because … him." According to the judge, this was corroborated by the fact T.W. "did not appear to have any strong relationship to …