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… actions when a retainer agreement includes an hourly fee component. Those obligations are discussed in numbered … the Court then will be able to carefully survey all viewpoints and deliberate before considering any new rule of … to her, thus rendering the agreement unenforceable. She points to the trial court’s finding that she signed the …
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… and the special policy, both of which satisfy New Jersey’s compulsory insurance requirements. In this case, the Court … of [N.J.S.A. 39:6B-1(a)] or [N.J.S.A. 39:6A-3].” GEICO then points to N.J.S.A. 39:6A-3, which now states that, “[e]xcept … two arguments in support of AAA’s position. First, it points to the first sentence, where “the legislature …
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… indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The … suspended his license for ten years, and imposed the requisite fines and administrative penalties. See N.J.S.A. … indigent when he entered his 1994 guilty plea. The State points out that an “indigent defendant” entitled to the …
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… appeal is whether a civil defendant sued by an insurance company for violating the Insurance Fraud Prevention Act … In December 2008, plaintiffs Allstate New Jersey Insurance Company and affiliated companies filed a 604- paragraph complaint alleging that …
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… aggravated criminal sexual contact for acts he allegedly committed between September and November 1999, while serving … the State agreed to dismiss the remaining charges and recommend a sentence of time served. During the plea hearing, … Facility -- 1231 days in all.4 The court assessed the requisite financial penalties mandated by statute, but imposed no …
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… of Operating Engineers, Local 68 (Local 68); for Belmar the Communications Workers of America, AFL-CIO (CWA); and, for … each municipality obtained approval from the Civil Service Commission (Commission) for a layoff plan. Keyport’s plan called for the …
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… where recklessness or negligence establish the requisite mental element of a charged crime. Although this Court … supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned … retroactively on collateral review, such as on PCR. It points out that the Court in Moore “made the broad …
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… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … and content of his own defense, to make motions, to argue points of law, to participate in voir dire, to question … and to address the court and the jury at appropriate points in the trial.’” State v. DuBois, 189 N.J. 454, 466 …
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… and informal landlord status did not suffice to give her common authority over defendant’s bedroom. Thus, the failure … ability to consent to a search when the consenter has common authority for most purposes over the searched space. … continued detention was unreasonable. Once a detention becomes unreasonable, a de facto arrest occurs, requiring that …
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… v. Kelvin Williams (A-8-12) (071306) [Note: This is a companion case to State v. Christopher Dekowski, also filed … must show a threat and demand for money, as well as an accompanying gesture giving the impression of a weapon. … words, conduct, and dress, a gesture is not a prerequisite for a finding that defendant threatened the immediate …
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… shooting defensively at trial. Such evidence was a key component of defendant’s third-party guilt defense. In … space or the word “deleted” is not permissible because it “points to the defendant.” Here, the State and defense … dressed in a white shirt and blue shorts, running from the site of the shooting. The young man in the blue shorts …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … The LaCross property is subject to New Jersey’s Industrial Site Recovery Act (hereinafter “ISRA”) in light of … access to those neighboring properties. In fact, 680 LLC points out that it had to obtain Court orders from this …
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… offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … to K.A.’s report. A DCPP caseworker, Jacqueline Alvarez, visited defendant’s home and conducted interviews with the … basis in the evidence to support the instruction. Defendant points out that defense counsel asked the court to instruct …
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… 97 N.J. 263, 266, 277 (1984). Plea agreements are important components of this country’s criminal justice system. … adopted here by the Appellate Division, the penal outcome would be wholly unrelated to the legitimate factors … of N.J.S.A. 2C:11-5.1 “occurs whenever a driver leaves the site, regardless of whether that person is at fault with …
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… time, concerns a family embroiled in a litigation that commenced 15 years ago. The Court provided an extensive and … formed Koger, Inc., and later gifted 1.5 percent of the company’s stock to his twin sons, Robert Sipko and Rastislav … proceed on remand in a manner that is the complete opposite of the court’s previous position. There are several …
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… certain issues respectively to the trial court and to the Commissioner of Banking and Insurance); Seidman v. Spencer … to its shareholders, as owners of the institution. This points to an alleged fundamental difference between a bank … his or her message across, such as newspaper articles, websites, blogs, and social media. Without actually doing a …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ____________________________________ … 2 September 2011. Also at issue is the New Jersey gross income tax (“TGI”) imposed upon the individual plaintiffs, … had inadequate books and records. The witness had never visited the restaurant to observe the daily operations. He had …
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… offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . positively … of interviews of Bill and Frank, and an application for a communications data warrant for Gregg’s cell phone. This … the CJRA and related court rules. 1. The Attorney General points to section 19(f), which offers guidance in a …
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… Borrus firm, Dimitrakopoulos and his wife filed a verified complaint against Eleftheriou and his wife. For reasons that … it was retained. On March 7, 2011, the Borrus firm filed a complaint against Dimitrakopoulos, alleging that its former … acting pro se, filed an answer to the collection complaint but filed no counterclaim or third-party claim. In …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS Corrected 9/30/19 – various … and controlled. The Racks provide and facilitate the requisite airflow and spacing, and prevent potential rust leaks … of MAE is directly used in the production process. Taxation points out, hypothetically, if the dough pieces were placed …