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- njcourts.gov… Caucus (CBC) at a nightclub in Washington, D.C. At one point during the event, Parrish placed his hand on Duncan's … "[t]here is a dispute, as to whether or not defendants' manual with the disclaimer clause was in fact the manual … of her constitutional claims exceeded his discretionary powers A-2102-09T3 21 resulting in a manifest denial of …
- A-4987-17T2 Opinionnjcourts.gov… attorneys; William G. Wright, on the briefs). Lawrence P. Powers argued the cause for respondent/cross-appellant … They -- let me say this, a jury could infer that at the point in time in March when . . . Scheffey learned about it, … and dismiss the complaint as to Scheffey. … a4987-17.pdf … A-4987-17T2 …
- A-1679-23 – SHANI HARRELL VS. MODY MANAGEMENT, LLC, ET AL. (L-3202-22, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … content/uploads/2021/04/Tenant-Spotlight-QSR-Drive-Thru-2.pdf ("Americans visit drive-thru lanes about 6 billion times … with this opinion. R. 4:46–2(c). Reversed. … a1679-23.pdf … A-1679-23 – SHANI HARRELL VS. MODY MANAGEMENT, LLC, ET …
- A-2097-19 Opinionnjcourts.gov… resides in a home near the D-S District. In December 2007, the Livingston Planning Board (Board) adopted a … the Ordinance "was [a] reasonable exercise of Township power to regulate." Even during cross-examination, the judge … and well- reasoned written decision. Affirmed. … a2097-19.pdf … A-2097-19 …
- A-0680-18T4 Opinionnjcourts.gov… followed. 13 A-0680-18T4 Plaintiff raises the following points on appeal: I. THERE IS A STRONG PRESUMPTION AGAINST … (2010) (quoting In re Lead Paint Litig., 191 N.J. 405, 436 (2007)). The PLA is, thus, "remedial legislation," enacted to … [that was] different from that of the 'Physician Training Manual[]'" approved by the FDA; (2) properly supervise the …
- njcourts.gov… Defendant filed a direct appeal, arguing the following:1 POINT I NEW TRIAL IS IN ORDER BASED ON SUPPRESSION OF … v. Watley (Watley II), No. A-5970-04 (App. Div. Apr. 5, 2007) (slip op. at 7–10) (first, second, fourth and sixth … ISENHOUR] AT TR[IA]L AND SARA LIEBMAN ON APPEAL USED THE POWER OF THEIR STATE POSITIONS TO FRAME AN INNOCENT AFRO …
- A-0483-16T4/A-0484-16T4 Opinionnjcourts.gov… 55 (2015). "A trial court's exercise of this discretionary power will not be disturbed on appeal 'unless it has been … N.J. 317, 329-30 (2015); State v. Drury, 190 N.J. 197, 209 (2007)), certif. denied, 222 N.J. 16 (2015). A. In A-0484-16, … escape) to" Prontnicki.3 Id. at 2. Defendant appropriately points to a footnote to the Hindering Charge which provides: …
- A-4715-18T4 Opinionnjcourts.gov… motion for leave to appeal. On appeal the State argues; POINT I THE STATE PRESENTED A PRIMA FACIE CASE OF KIDNAPPING … "A trial court's exercise of this discretionary power will not be disturbed on appeal 'unless it has been … State v. Purnell, 394 N.J. Super. 28, 34, 53-54 (App. Div. 2007) (holding removal of the victim from a third-floor …
- A-4024-17T4 Opinionnjcourts.gov… that the disputed clause could be applicable if at some point plaintiffs assigned the contract to a corporate entity … contract. See Pacifico v. Pacifico, 190 N.J. 258, 267-68 (2007) (contra proferentem, which "requires a court to adopt … in situations where the parties have unequal bargaining power [not where] both parties are equally 'worldly-wise' …
- A-3767-15T2 Opinionnjcourts.gov… to provide medical evidence authorizing her use of this powerful opiate-based medication. The court directed the … teacher that "her mom sleeps a lot[]" and "drink[s] to the point of intoxication." Judge Farber noted defendant had … of Youth & Family Servs. v. G.L., 191 N.J. 596, 606–07 (2007) (quoting In re Guardianship of K.H.O., 161 N.J. 337, …
- A-3968-15T2 Opinionnjcourts.gov… proceeding; (4) an arbitrator exceeded the arbitrator's powers; (5) there was no agreement to arbitrate, unless the … Duren v. Rzasa-Ormes, 394 N.J. Super. 254, 265 (App. Div. 2007) (quoting Mt. Hope Dev. Assocs. v. Mt. Hope Waterpower … by the trial judge and a determination on Robert's points of contention. We are satisfied that the purpose of …
- A-0190-21 - THOMAS MALONEY VS. BOROUGH OF CARLSTADT (L-3281-21, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the hearing was not recorded. 4 A-0190-21 40A:14-147, pointing out that it was "similar to N.J.S.A. 40:14A-5(c)." … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). "We review issues of law de novo and accord no … . . . are not supported by the record," or if it "usurps power" not otherwise allotted to it. Ten Stary Dom P'ship v. …
- njcourts.gov… N.J. Corp. v. N.J. Dep't of Env't Prot., 191 N.J. 38, 48 (2007). "Generally, courts afford substantial deference to an … reflected in N.J.S.A. 12:5-2, a section of the WDL that empowers the DEP to "prevent the encroachment or trespass upon … separation between adjacent structures). Although this point was not addressed in the ALJ's ruling, it is not …
- njcourts.gov… alleging "the selection process used to test and appoint candidates to Police Sergeant title between 2000 and … N.J.S.A. 11A:1-1 to 12-6, the Commission is delegated broad power over all aspects of the public employment career … of a particular field." In re Herrmann, 192 N.J. 19, 28 (2007). The party challenging the administrative action bears …
- A-3344-16T2 Opinionnjcourts.gov… appeal followed. On appeal, plaintiffs raise the following points: POINT I THE 2012 DENIAL OF JUDGMENT ORDER WAS BEYOND … 124 v. Twp. of Middletown, 193 12 A-3344-16T2 N.J. 1, 10 (2007)). "Accordingly, judicial review of an arbitrator's … proceeding; (4) an arbitrator exceeded the arbitrator's powers; (5) there was no agreement to arbitrate, unless the …
- A-1869-16T3 Opinionnjcourts.gov… defendant. Defendant raises the following issues on appeal: POINT I: THE COURT ERRONEOUSLY PERMITTED THE PROSECUTOR TO … Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 376 (2007)); N.J.R.E. 801(c). "[V]erbal acts intrinsic to the … of obtaining their knowledge of the facts; the witness's power of discernment, meaning their judgment, understanding, …
- njcourts.gov… inflate VRDO rates. . . . [D]efendants are correct in pointing out that the conclusion is the ultimate inference … the Legislature amended N.J.S.A. 2A:32C-9(c) to empower the AG to block the dismissal of a qui tam action on … v. Pa. Shipbuilding Co., 473 F.3d 506, 520 (3d Cir. 2007)). It is knowledge that is "first-hand," "[seen] with …
- C-222-19 Opinionnjcourts.gov… Act was designed to grant arbitrators extremely broad power and “extends judicial support to the arbitration … of two superiors. In support of this notion, Defendant points to Plaintiff’s admission that he received a warning … that the concession stand wo … davidpetrellavsboardofed.pdf … C-222-19 …
- njcourts.gov… attended the party; Raniel attended with the Koos. At one point, a visibly intoxicated Raniel entered the pool with … which he breached, causing his drowning. See Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 594 … personal injuries." State v. Williams, 190 N.J. 114, 127 (2007) (citing N.J.S.A. 39:4-129). Garcia had no reason to …
- A-1603-19 Opinionnjcourts.gov… raises the following contentions for our consideration: POINT I THE COURT'S FAILURE TO ACCURATELY INSTRUCT THE JURY … VERSION OF EVENTS WAS CREDIBLE BECAUSE HE HAS SUPERIOR POWERS OF OBSERVATION, WAS 7 A-1603-19 FACTUALLY UNTRUE, … to bring about an unjust result." [192 N.J. 312, 341 (2007) (quoting Jordan, 147 N.J. at 422).] Furthermore, the …