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… December 12, 2017 – Decided March 5, 2018 Before Judges Fuentes, Koblitz and Manahan. On appeal from Superior Court … and grade, have systematically been promoted." An amended complaint was filed in January 2013, which alleged the … reviews he received while working in the Internal Affairs Investigations Bureau (IAB) contrasted with the …
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… Fires & Newby LLP's (WGSSFN) motion to dismiss plaintiff's complaint under Rule 4:6- 2(e) for failure to state a claim upon which relief could be granted.1 The complaint alleged professional negligence against Indeck and … a duty exists, '[t]he primary question . . . is one of fairness.'" Innes, 435 N.J. Super. at 213 (alterations in …
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… CASTELLI, Plaintiff-Respondent, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant. ____________________________ … 547, 550-51 and n. 3 (App. Div. 2011); Janicky v. Point Bay Fuel, Inc., 410 N.J. Super. 203, 207 (App. Div. 2009). 2 We … an equitable doctrine, founded in the fundamental duty of fair dealing imposed by law." Marsden v. Encompass Ins. Co., …
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… SMARTAX, LLC, TRIAD TECHNOLOGY CORP., LLC, THE PROGRESSIVE COMPANIES, GEORGE DENMAN, OXFORD PROPERTIES, LLC, BRENT … Argued June 1, 2017 – Decided July 17, 2017 Before Judges Fuentes, Carroll and Farrington. On appeal from the Superior … of contract, and breach of covenant of good faith and fair dealing. The complaint also alleged Ten West owed "a …
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… cases and consolidated the appeals because they present a common question of law. In A-0585-16, defendant Volkswagen … §§ 7521 to 7554, which governs vehicle emissions and fuel standards. Title II requires the EPA to test all new … Act's preemption provision "'based on smoking and health' fairly but narrowly construed does not encompass the more …
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… Fierstein argued the cause for appellant (Cohen Seglias Pallas Greenhall & Furman, P.C., attorneys; Roy S. Cohen and … the initial contract were the Somerset Educational Services Commission (Somerset), a public entity tasked with … reviewing courts must read the contract "as a whole in a fair and common sense manner." Hardy ex rel. Dowdell v. …
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… 3, 2016 order denying their motion to file a second amended complaint to include counts of spoliation and fraudulent … the same standards applied by the trial courts. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … of trial for the case to be dismissed[]" to comply with the Fair Debt Collection Practices Act). Thus, we affirm the …
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… including collectible cars, recreational vehicles, snowmobiles, boats, tractors, and other related vehicles "as … to lot size, setbacks, land coverage, height, and parking." Com. Realty and Res. Corp. v. First Atl. Props. Co., 235 4 … due to the Land Use Board's bias against it, it has been unfairly deprived of such approval; (3) that it has attempted …
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… to receive treatment for his injuries through Worker's Compensation under the care of Dr. Steven R. Gecha. In April … meniscectomy, lateral retinacular release and chondroplasty of the patellofemoral joint[.]" Dr. Weiss opined that … is arbitrary, capricious or unreasonable, or that it lacks fair support in the record." Hemsey v. Bd. of Trs., Police & …
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… Argued November 1, 2017 – Decided Before Judges Fuentes, Manahan, and Suter. On appeal from Superior Court … offense that defendant was harassing him.2 Plaintiff's complaint stated that defendant made "repeated calls to 2 It … Under these circumstances, we conclude that fundamental fairness and due process of law require the Family Part to …
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… May 29, 2015 adjudication of delinquency for acts which, if committed by an adult, would constitute third-degree … at an outpatient residential placement program, and full compliance with sex offender requirements pursuant to … ADMISSIBLE UNDER N.J.R.E. 803(c)(27), DEPRIVING D.M. OF A FAIR TRIAL. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. (1947) …
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… each victim. In exchange for his pleas, the State recommended that he receive a county jail sentence not to … appeal, so they were procedurally barred under Rule 3:22-4. Lastly, the judge concluded that even if defendant's … when the judicial system has denied a 'defendant with fair proceedings leading to a just outcome' or when …
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… the brief). PER CURIAM New Jersey Manufacturers Insurance Company (NJM) appeals from a consent order of judgment … Jason was operating a vehicle insured under an automobile policy of insurance issued by Liberty Mutual … to Rule 2:2-4 and Rule 2:5-6(a). Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 550-51 (App. Div. 2007) …
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… mother, plaintiff Heather Reed Smith (Heather), and commenced an investigation. However, the Division did not … had parenting time with Max on alternating weekends. After completing rehabilitation, Alexis moved back in with Marc. … But I'm not being represented and I don't find that fair . . . . THE COURT: Well, what do you want me to do, …
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… of his motions to suppress child-pornography files found on computer equipment in his home and his statement to a Warren … informed WCPO Detective Sergeant Derek Michael Kries that a computer with an IP address subscribed to by an individual … As was the case in Alston, Kries's "response was a fair recitation of the right to counsel and the right to …
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… Department of Law and Public Safety, Division of Consumer Affairs. Levenson Law, LLC, attorneys for appellants Eric J. … from the record. Mirakill was a Nevada limited liability company (LLC) with offices in Old Tappan, New Jersey. BBA … a. Cash withdrawals at ATMs totaling $28,148; b. Automobile lease and insurance payments totaling $1,500; c. …
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… inside, and asked Sanford to take a ride with them. Sanford complied and got in the back seat. Owens then stated they … murder, N.J.S.A. 2C:11-3(a)(1); conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1)(2) and N.J.S.A. … contended defective jury instructions deprived him of a fair trial, and argued both his trial and appellate counsel …
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… OF NJ LLC, CA COOPER LLC, d/b/a H & R BLOCK, ITALIAN AFFAIR OF NORTH CAPE MAY INC., d/b/a ITALIAN AFFAIR PIZZA & … Mall entities,1 and eight of its tenants2 that lease commercial properties in the shopping center, appealed the … sign. In addition, Acme proposed a 126 square foot glass-applied graphic sign depicting produce. The Board …
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… by not effectively cross-examining his wife, and by not communicating with him about the case before trial. After … noted, defendant failed to support his contentions with competent proofs that would warrant an evidentiary hearing, … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
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… established in State v. Chun, 194 N.J. 54 (2008). Defendant last argues the court erred by failing to sentence him in … of alcohol." The court concluded that "[t]h[o]se things, combined with [defendant's appearance], provided more than … probable cause to arrest for DWI only require[s] proof by a fair preponderance of the evidence." Karins v. Atl. City, …