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… 1965). Specifically, plaintiff alleged that defendant decommissioned the panel when it owned the plant, knew or … upon the sale. During January 2015, decedent and Nicholas Empirio, the plant's lead mechanic, discussed salvaging … inspection of the plant, and the inspection was "fairly swift," lasting about ninety minutes. D.O. …
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… were married for eleven years when plaintiff filed his complaint for divorce. One child was born of the marriage, … have been advanced by the parties themselves. Therefore, fair and definitive arrangements arrived at by mutual … are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic …
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… $894.69, dismissed defendant's counterclaim and third-party complaint, and denied defendant's request to compel and … v. Guerrero, 228 N.J. 339, 346 (2017) (quoting Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … of the class, and (4) the representative parties will fairly and adequately protect the interests of the class. …
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… Defendant argued that trying the cases together would be unfairly prejudicial because the State intended to introduce … testimony" which was significant as the evidence was "completely officer-based." With respect to the juror who was … on appeal with a highly deferential standard. State v. Fuentes, 217 N.J. 57, 70 (2014). The appellate court must …
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… TRIAL BASED 3 The PCR court's order is undated, but the accompanying letter opinion is dated December 22, 2017. 5 … Court 's decision in Zuber, and he is not amongst the class of individuals deserving a lengthy prison sentence. … counsel's performance prejudiced him and deprived him of a fair trial. As the court correctly found, counsel's three …
njcourts.gov
… medical examination, and psychological evaluation. After a comprehensive evaluation, a licensed clinical psychologist … procedural burden-shifting method utilized in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 (1973); see Zive v. … for relief--cannot be sustained as a matter of fundamental fairness. An opposing party must know what it is defending …
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… years of age on June 7, 2009. See infra note 9 and accompanying text. 3 A-3376-18T2 tend to impair or debauch her … When he came home drunk he was sort of out of it and the last time, he laid on his bed in the living room when he … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
njcourts.gov
… throwing "a couple of punches" towards defendant to gain compliance, and handcuffing him, Noriega observed a black, … to retain evidence seized from a suspect related to the commission of a crime. Defendant called Plainfield Police … conversation with the [c]ourt while under oath, isn't it fair to say that you also said that you indicated that you …
njcourts.gov
… Argued October 31, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from the Superior … entered Claridge's property and removed technological components identified as "SIM chips" from seven Claridge … (1) breach of contract; (2) breach of good faith and fair dealing; (3) trespass to real property; (4) trespass to …
njcourts.gov
… plaintiff treated her. The County investigated Kachalia's complaint, and a conflict resolution meeting was conducted … to the Civil Service Commission. 5 A-5647-17T2 When the Pulaski Skyway was closed for repairs in 2014, plaintiff was … interest, breach of implied covenant of good faith and fair dealing, violation of the New Jersey Constitution; (3) …
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… that his counsel was ineffective by failing to request a competency hearing at trial and by failing to assert a … he offered an explanation for his failure to appear for the last few days of trial, stating that after using a "large … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. …
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… was tried in December 2016. Immediately before the trial commenced, defense counsel alerted the court that defendant … evidence adduced at trial. Moreover, we are convinced a fair reading of the record shows the judge made sufficient … so as to shock the judicial conscience. '" State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… defendant from a restaurant. Defendant was agitated and complained that a bus driver would not accept his New Jersey … whether, given all the circumstances . . . there is a fair probability'" that a crime has been committed. … [our] judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014). We should, however (1) …
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… Argued May 12, 2021 – Decided July 27, 2021 Before Judges Fuentes, Rose, and Firko. On appeal from the Superior Court … domestic violence-related charges as a sanction for the complaining witness's recalcitrant behavior on the witness … N.J. 517, 538 (2011)). "[O]nce an issue has been fully and fairly litigated, it ordinarily is not subject to …
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… and (2) denied plaintiffs' motion to file a second amended complaint. Defendant Wagner cross- appeals the February 16, … services contemplated within the contract should be classified as architectural services. Thus, the court allowed … to enable the finder of 23 A-1437-19 fact to make a fair and thorough assessment of [Wagner's] role" based on …
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… Treakle appeals, contending primarily that the trial court committed plain error by omitting an identification charge … in the face, knocking him down. He fell on his hip, his glasses fell to the side, and blood poured down his face. He … THEREBY DEPRIVING MR. TREAKLE OF HIS RIGHT TO A FAIR TRIAL. (NOT RAISED BELOW). 14 A-2309-18 POINT III …
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… permitted in the front yard of a lot. Plaintiff filed a complaint against the City in the Law Division seeking: 1) … uses or the relevant case law. Ibid. 19 A-0365-19 III. Lastly, plaintiff argues that even if the Board correctly … Id. at 414 (emphasis added) (quoting Cohen v. Borough of Fair Lawn, 85 N.J. Super. 234, 237 (App. Div. 1964)); accord …
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… disability retirement effective December 1, 2012. Her last day of work was March 26, 2012. In her application, … in this matter, appellant's privacy constitutes a compelling interest that outweighs the Judiciary's … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… ROBERT J. TRIFFIN, Plaintiff-Appellant, v. THETA HOLDING COMPANY, L.P., EUROPEAN METAL GROUP, and ARMANDO PEÑA, … Ombudsman Act" because the plaintiff was not part of the class that the statute was intended to benefit, and there was … and the observance of reasonable commercial standards of fair dealing." N.J.S.A. 12A:3-103(a)(4). It is the "without …
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… Anderson appeals from that portion of a Law Division order compelling the forfeiture of his entire pension earned while … to a trial judge's conclusions on issues of law. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). III. We note that … Supreme Court also held that "'a civil sanction that cannot fairly be said solely to serve a remedial purpose . . . is …