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… and J. PETRUCCI CO., INC., IRON HILL CONSTRUCTION, INC., COMROE ADVANCED POWER, INC., ALL-STATE FIRE PROTECTION, INC. … to employers under the Act. We reverse. Considering the facts in the light most favorable to plaintiff, Rule … the Act's provisions is barred from pursuing common law remedies unless the party can show that his or her employer …
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… legal principles, we affirm. We glean the following facts from the record. In 1998, the Division of Child … so I ran out of the house. . . . . I ran out of the housing complex and I ran up Summer Street, . . . . I was looking … name be removed from the Central Registry. The ALJ made factual findings consistent with the undisputed testimony at …
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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 …
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… of a traumatic event. We affirm. I. We detail the relevant facts from the administrative record. Pearson began his … on May 1, 2013. In 2000, Pearson filed his first workers' compensation claim involving back and neck injuries, related … Therefore, the pathology noted on the previous MRI studies of the cervical spine in 2000 and 2004 clearly were …
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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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… 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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… $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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… 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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… WARNINGS, AFTER OFFICERS HAD ALREADY GATHERED SUFFICIENT FACTS TO ESTABLISH PROBABLE CAUSE AT THE SCENE OF A FATAL … Mr. Higgins. He asked Mr. Higgins again where he was coming from before ultimately asking how much he had to … Amendment, provides that “[n]o person ... shall be compelled in any criminal case to be a witness against …
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… from the date of marriage through the filing of the divorce complaint. Defendant agreed to cooperate in transferring the … 42-43 (2016). The application of laches "depends upon the facts of the particular case and is a matter within the … refusing to consider genuinely disputed issues of material facts. Harrington v. Harrington, 281 N.J. Super. 39, 47 …
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… law, we reverse. I. We derive the following salient facts from the trial record. On about May 1, 2024, Dandis purchased a commercial building located at 189-193 Railroad Avenue, … 216 N.J. 168, 182 (2013)). We will "'not disturb the factual findings and legal conclusions of the trial judge' …
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… Plaintiff, a driver for defendant's medical transport company, alleged, when her employment with defendant … Because the trial court failed to make adequate findings of fact and conclusions of law to support its determination, we … Bank, S.L.A., 205 N.J. 150, 169 (2011)). "[F]indings [of fact] by the trial court are binding on appeal when …
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… the informant's allegations were not corroborated. He also complained that the police did not field test the substances … or denial of a motion to suppress [we] must uphold the factual findings underlying the trial court's decision so … however, and the consequences that flow from established facts are not entitled to any special deference." Ibid. …
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… result of the incident. Plaintiff and his wife Olga filed a complaint against the New Jersey Department of … She reasoned that even if plaintiff raised a material factual dispute as to whether the metal rod fell from the … erred in granting summary judgment because a reasonable factfinder could conclude that the metal rod came from the …
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… Dr. Bressler, writing in 2019, nearly six years after the fact, contends all medical records indicate that [defendant] … In rejecting the plea, defendant repeatedly and clearly communicated he understood the nature of the charges, … 518, 540 (2013). Our review is deferential to a PCR court's factual findings supported by sufficient credible evidence. …
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… the vehicle, they smelled a strong odor of burnt marijuana coming from the vehicle and on both men. Detectives placed … odor emanating from the vehicle justified its search. The fact detectives recovered no marijuana did not affect the … . . . defendant has violated." The judge also recounted the facts related to the defendant's plea in the instant matter. …
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… Pursuant to the parties' plea agreement, the State recommended dismissing the remaining charges. During the plea allocution, defendant admitted to the factual predicates of the crimes to which he was pleading … of an evidentiary hearing, we review de novo both the factual inferences drawn from the record by the PCR judge …
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… his decision, the arbitrator noted that he could not find a factual basis to support the forgery defense because … . . does not include excusable neglect and hence does not encompass negligence or carelessness by the attorney or his … on appeal. An appellate court's review of a trial court's fact finding is limited. "Trial court findings are …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … tax. Due to there being a genuine issue of material fact as to the charitable purposes of plaintiff, as well as … property, summary judgment is denied. 2 II. STATEMENT OF FACTS Plaintiff Urmajesty Banktruckfit Solutions, Inc. is …