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… the interests of both subclasses. I. The pertinent facts are not disputed. In 2017, plaintiff sought pet … of nonpayment, stating: Whether or not a legal action is commenced, Member agrees to pay and reimburse Provider for … members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the …
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… DOCKET NO.: BER-L-2714-12 vs. Civil Action BANK OF AMERICA, COMMERCE BANK, N.A., TD BANK NORTH, DONNA P. LUHN, TRINA P. … of the action or of any claim on the ground that upon the facts and upon the law the plaintiff has shown no right to … entitled because he was doing work for the Plaintiff. The factual evidence at trial does not support the necessary …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … an award “merely because the court would have decided the facts or construed the law differently.” Carpenter v. … that Defendants lack any statutory basis to support a factual and merits based review of Judge Keefe’s Final …
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… NICHOLAS, Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, LIBERTY MUTUAL MID-ATLANTIC INSURANCE COMPANY, and … 108 (2019)). We "must examine 'the legal sufficiency of the facts alleged on the face of the complaint,' giving the … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). If an insurance policy is …
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… we reverse and remand for trial. We glean the following facts from a body camera video and the testimony of Officer … placed under arrest and heroin was found in defendant's hoodie pocket. A grand jury returned an indictment charging … appears to drop his hand to his waistband, in the area commonly used by an armed person to conceal a weapon. It was …
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… conducting a bench trial, dismissed with prejudice the complaint as to defendants 3 Gigioni Inc. (Gigioni) and Mario DeMarco.1 We affirm. I. We discern the facts from the record of the February 11, 2022 trial. … of the check had "demonstrate[d] that the funds were in fact paid" and 3 Plaintiff cited N.J.S.A. 12A:3-314, a …
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… hearing. Because the reasons expressed in the PCR judge's comprehensive oral opinion are supported by sufficient … set forth below. I. We incorporate the procedural and factual history from our opinion affirming defendant's … judge concluded Kelly's testimony 6 A-0880-21 "severely and factually" contradicted defendant's testimony. The judge …
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… Okay. So, she advised that he had passed several cars, in fact, to get down to the end of the ramp ahead of the other … novo in the Law Division, Judge Michael T. Collins issued a comprehensive written opinion convicting defendant of … the evidentiary value of his lay opinion to the trier of fact. Based on the officer's testimony, the court concluded …
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… alternatively, for a new trial. We affirm. We derive our facts from the trial testimony. Nine-year-old Tymir was … He could not remember if he was able to see the traffic coming from his left. He testified he did not come out of a … A-2214-21 The court found there was a material question of fact for the jury to resolve regarding fault for the …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … revealed no significant dispute about any material fact but instead posed an equitable question about what should be done about the well-established facts and circumstances. To put the facts and the parties’ …
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… and KRAFT MACHINES INC. and MALEX PLASTIC COMPANY, Defendants, v. EMPLOYERS PREFERRED INSURANCE, … analysis and affirm. 3 A-1702-21 I. We discern the material facts from the summary-judgment record, viewing them in the … by Bravo's intentional conduct and, therefore, his remedies should not be confined to Compensation Act benefits. In …
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… On November 30, 2022, plaintiff filed a domestic violence complaint. She alleged that on February 20, 2022,2 while the … not leave the foreign jurisdiction, he conceded he had in fact traveled to the United States since the predicate … history." Our scope of review of a Family Part judge's fact-finding is limited. Cesare v. Cesare, 154 N.J. 394, 411 …
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… clothing, masks, cellphones, and other evidence of the commission of a crime, specifically robbery." The … arrest, finding there were reasonable, articulable facts that led officers to believe Baker had engaged in … WARRANT AFFIDAVIT CONTAINED FALSEHOODS AND OMITTED MATERIAL FACTS. In addressing Point I, we note that "a search …
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… Center (HCCC) summary judgment and dismissal of plaintiff's complaint. We affirm. Plaintiff's son, Naphtali Dykes was … and the legal consequences that flow from the established facts . . . de novo." Granata v. Broderick, 446 N.J. Super. … to released detainees, no duty can be established under the facts presented here. She contends the trial judge abdicated …
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… We affirm, substantially for the reasons set forth in the comprehensive written opinion of Judge Arthur J. Batista. … his sentence pending appeal. 3 A-2165-23 I. We derive the facts from the testimony and other evidence presented in the … and found it was "conveniently embroidered to serve his studied purpose." After striking Brian's vehicle, the judge …
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… legal principles, we affirm. I. We recount the following factual statements from the record but , given our role as a reviewing court, do not make any factual findings. In December 2020, defendant caused an … ("CCMO") interviewed defendant and issued a guarded recommendation for admission into PTI. Despite this …
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… v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Respondent. _____________________________ … regarding your claim. After a careful evaluation of the facts, we can only conclude that this loss is not covered … of your insurance policy with us. If you believe that any facts have been overlooked in reaching this decision, please …
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… and Mauro Motors, LLC, as landlord, executed a five-year commercial lease agreement with respect to property in … not comply with the Rule's requirement of setting forth the facts of counsel's diligent inquiry to determine defendant's … proof thereof by affidavit which shall also include the facts of the failure to effect personal service and the …
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… We discern the following procedural history and pertinent facts from the record.1 On February 9, 2006, twenty-year-old … 2007, he was released from prison and parole supervision commenced. In March 2009, Shearrin's parole was revoked for … we discuss in Section IV, infra, we limit our review to the facts adduced at the parole revocation hearing and the …
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… January 16, 2023 Law Division orders, which dismissed her complaint without prejudice granting in part defendant … is 'whether a cause of action is "suggested" by the facts.'" Doe v. Estate of C.V.O., 477 N.J. Super. 42, 54 … relinquish[] their rights to pursue common-law remedies in exchange for automatic entitlement to certain, but …