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- MON-L-4408-18 Opinionnjcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS PREFERRED HOME HEALTHCARE AND NURSE … but not a party to the litigation, those facts do not ultimately change the analysis, which must be fact … and payors (for example, insurers like Allstate) together in a network. By entering into its PPO Contract with …
- A-2691-10 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2691-10T2 COMPREHENSIVE PSYCHOLOGY SYSTEM, P.C., Plaintiff-Respondent, … employment relationship were the subject of litigation and ultimately arbitration, which is the focus of this appeal. …
- A-0891-18T4 Opinionnjcourts.gov… and responded. When he was about three quarters of a mile away from the store, he saw a vehicle traveling toward him, … was the reasonable and typical suspicion for the officer to ultimately pull this car over." Thereafter, the court found … is based on specific and articulable facts which, taken together with rational inferences from those facts, give rise …
- A-1474-19 Opinionnjcourts.gov… Submitted March 17, 2021 – Decided April 14, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … an August 16, 2019 Law Division order denying his motion to compel entry into the Pretrial Intervention Program (PTI). … restitution and defendant was willing to do so. The court ultimately concluded that while it did not agree with the …
- A-2686-19 Opinionnjcourts.gov… before an administrative law judge (ALJ), the Assistant Commissioner of the Division of Child Protection and … intersection a short distance before turning into the driveway of his home. Davenport followed. Kevin and the children … asked him to perform field sobriety tests in the garage. Ultimately, Davenport determined Kevin was under the …
- A-3023-19 Opinionnjcourts.gov… dismissing without prejudice plaintiff's earlier-filed complaint seeking like relief. We agree with plaintiff that … 3) "a preliminary showing of a reasonable probability of ultimate success on the merits"; and 4) consideration of … an order is harsh or oppressive to the defendant, Stehr v. Swayer, 40 N.J. 352, 357 (1963), or whether a 8 A-3023-19 …
- A-1376-19 Opinionnjcourts.gov… with a nineteen-year-old woman. The two traveled together from Staten Island to a wooded area of the Wharton … not respond to repeated requests for a copy of his file and ultimately destroyed the file. The State opposed the … his petition, it was not required. Court transcripts were always available to [defendant]. Also, while difficulty …
- A-4669-18 Opinionnjcourts.gov… court found defendant in contempt of court for failing to comply with orders to – among other things – pay fifty … in contempt for failing to provide discovery. Discovery ultimately revealed defendant's Fidelity Profit Sharing Plan … child support obligation, arguing that their son living away from home for the school year was a material change in …
- A-4138-16T2 Opinionnjcourts.gov… school is at full capacity and consequently unable to accommodate all of the students who fall within this … Law Judge (ALJ). The parties participated in discovery, and ultimately filed cross-motions for summary disposition, … and disputes arising under the school laws[.]'" Archway Programs, Inc. v. Pemberton Twp. Bd. of Educ., 352 N.J. …
- A-3139-17T1 Opinionnjcourts.gov… 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … governing the right of appeal." Importantly, the arbitrator ultimately determined, "[r]egardless of which statute … process. Accordingly, when we consider the two documents together, we agree with the motion judge, and the arbitrator …
- A-0395-19T2 Opinionnjcourts.gov… Argued February 10, 2020 – Decided February 21, 2020 Before Judges Messano, Ostrer and Susswein. On appeal from an … Plaintiff James Kennedy, II, alleges in his March 2019 complaint that defendant Weichert Co. misclassified him and … proposed intervenor and an existing party share the same ultimate objective, the proposed intervenor must overcome a …
- A-5123-18T2 Opinionnjcourts.gov… Submitted May 26, 2020 – Decided July 13, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … Plaintiff Henry Chen appeals from the dismissal of his complaint with prejudice pursuant to Rule 4:23-5(a)(2). In … a measure of protection to the party who is faced with the ultimate litigation disaster of termination of his cause." …
- A-3043-14T3 Opinionnjcourts.gov… LLC, REVENUE MANAGEMENT, CAPITAL MARKETS, KT TRUST, COMMERCIAL FINANCIAL GROUP, and TRI-FACTORS, Defendants. … Argued October 18, 2016 – Decided Before Judges Koblitz, Rothstadt and Sumners. On appeal from … plaintiff argues that the court erred by ordering the ultimate sanction of dismissal and awarding counsel fees …
- A-1863-16T4 Opinionnjcourts.gov… smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … in the incident. Jarrells told defendant to put the gun away because there were children in the apartment. McLean did … must establish a reasonable likelihood that he or she will ultimately succeed on the merits, "viewing the facts alleged …
- A-4719-16T1 Opinionnjcourts.gov… to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … at 318). The categories in subsection (a), "when read together, as they must be, reveal an intent by the drafters to … (App. Div. 1989). While the indemnification provision might ultimately relieve defendant from damages if plaintiff …
- A-4062-15T3 Opinionnjcourts.gov… of the crime if they were confirmed to be marijuana. Together all five bags weighed seventy-five grams, or almost … A. Correct. The assistant prosecutor then asked the ultimate question: "So, it would be your expert opinion, if … is fooled" by such questions. Id. at 429. We decline to revisit the Green panel's holding of pipeline retroactivity, …
- A-2752-22 – STATE OF NEW JERSEY VS. ANTWON MCGRIFF (17-08-0789, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… victim's testimony that defendant was a drug dealer; (2) comparing defendant to Whitey Bulger, a notorious organized … OF THE DISCRETIONARY 5 A-2752-22 EXTENDED TERM SENTENCE. ULTIMATELY, THE PCR COURT ERRED WHEN IT DENIED THE PETITION. … 199 N.J. at 358). That said, "courts are permitted leeway to choose to examine first whether a defendant has been …
- njcourts.gov… reconsideration of the trial court's order dismissing the complaint with prejudice, finding a prenuptial agreement … Nadia. On December 5, 2010, Luciana and Jose had a child together, Sophia. In contemplation of their marriage, Luciana … to give the parties adequate notice it would resolve the ultimate issue in the case in connection with the motion, …
- A-0838-23 – EDWARD COSTELLO VS. MYRON CORP., ET AL. (L-3810-20, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … raise or brief on appeal); N.J. Dep't of Env't Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2, (App. Div. 2015) … "Upon such a showing by the employer, plaintiff has the ultimate burden of proving that the employer's proffered …
- njcourts.gov… LLP (“McCarter”) and Beverly Lubit, Esq. (“Lubit”) (together, “Defendants”) on a motion for summary judgment. A … liens dissuaded investors from investing in Moerae, ultimately causing its failure. Id. at ¶ 3. Defendants claim … that the Court implied that collections actions are always the proper forum for malpractice claims and rejected …