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… a tax appeal, based on allegations that municipal officials committed fraud and other torts by assessing real property … jurisdiction in order that it might adopt a responsible and fairly accurate budget. [F.M.C. Stores, 100 N.J. at 425 … the appraised valuations of properties in the same class that have not been sold . . . ." Van Decker, 120 N.J. …
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… County of Middlesex summary judgment dismissing plaintiff's complaint with prejudice; (2) denying plaintiff's cross- … where [a party] had an expert suddenly back[] out at the last minute. . . . I think that could satisfy exceptional … requirements for anticipated experts is to promote fair advocacy and to discourage gamesmanship or unfair …
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… 3 A-0653-21 In 2019, after plaintiff had filed the divorce complaint, the parties entered a consent order on May 17, … the mediator's fees, and any other expert fees that become necessary in this matter, as set forth immediately … compel discovery; and (9) any other factor bearing on the fairness of an award. [R. 5:3-5(c).] Applying each factor, …
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… to resolve shareholder litigation over dissolution of a company owned by the parties. The orders included provisions … receivable due defendant for services rendered while at the company; and other cash. The court also ordered payment of … estoppel is a legal calibration to remedy an otherwise unfair outcome." Petersen v. Township of Raritan, 418 N.J. …
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… Whipple, Mayer and Paganelli. On appeal from the New Jersey Commissioner of Education, Docket No. 43-3/21. Freeman Law … request to resolve specific issues regarding a child's classification or IEP 1 should result in the automatic … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, …
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… and Tom Cusimano, and dismissed plaintiff's two-count complaint with prejudice. The second denied plaintiff's … us, plaintiff argues the court improperly dismissed its complaint prior to the completion of discovery. It further … (2) breach of the implied covenant of good faith and fair dealing; and (3) tortious interference with a …
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… from a March 16, 2023 final administrative action of the Commissioner of the Department of Labor and Workforce … policies but no later than thirty . . . days after the last day of the month in which the [c]ompensation was … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police …
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… AND VIOLATED [DEFENDANT'S] RIGHTS TO DUE PROCESS AND A FAIR TRIAL. (PARTIALLY RAISED BELOW). POINT III THE TRIAL … to make up." Borkowski responded to defendant's denials, commenting "[t]hat's not true," and "[d]o you expect me to … interrogation video and the crafting of the 10 A-1489-22 accompanying jury instruction, followed by his affirmative use …
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… and Geiger. On appeal from the Public Employment Relations Commission, Docket No. IA-2016-003. Michael A. Bukosky … A. Bukosky, of counsel and on the brief). Steven W. Suflas argued the cause for respondent State of New Jersey, … RESTRICTIONS. POINT V THE STFA WAS DEPRIVED OF FUNDAMENTAL FAIRNESS AND DUE PROCESS WHEN IT WAS SURPRISED WITH A NEW …
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… a closet safe. Defendant was charged in an indictment with committing the following offenses "[o]n or about" December … WAS IMPROPER, PREJUDICIAL AND DEPRIVED DEFENDANT OF A FAIR TRIAL. 5 A-1144-15T3 II. Our review of a court's … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
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… 2013, Wearing and the City 4 A-3864-16T4 entered into a "Last Chance Agreement," which the City claimed provided that … August 6, 2016, Wearing's son was shot and hospitalized. Commencing the week of August 8, 2016, Wearing took approved … granted [the employee] a two month cushion to put his affairs in order prior to bearing any responsibility for his …
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… indictment counts charging second-degree conspiracy to commit official misconduct and second-degree official … she did not have an inherent duty as a judge to do so. Lastly, defendants contend they received no benefit from … ordinary reasoning such as govern mankind in the ordinary affairs of life. While certain actions of each of the …
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… alleges that certain jury instructions were incorrect and incomplete and that his sentence was improper and excessive. … "[A]ppropriate and proper jury charges are essential to a fair trial." State v. Baum, 224 N.J. 147, 158-59 (2016) … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). We must determine whether: …
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… Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … errors were so serious as to deprive [him or her] of a fair trial, a trial whose result is reliable." Id. at 687. … at 10:26 p.m. on March 21, 2003, and a second call lasting one minute, which was initiated at 4:38 a.m. on …
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… 2C:21-25(b)(2); two counts of second-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a); third-degree uttering a … in the court's suggestion – necessitated by defendant's last- minute request for a suppression hearing and his … a loss; and (2) [t]he defendant is able to pay or, given a fair opportunity, will be A-1028-14T3 22 able to pay …
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… March 14, 2018 – Decided May 8, 2019 Before Judges Fuentes and Koblitz. On appeal from Superior Court of New … agreed to dismiss the second count in the indictment and recommend the court sentence defendant to a term of five years … affect traffic" and explained that other traffic may be "fairly close and visible, and that the signal need not be …
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… separated and plaintiff moved to Boston. Plaintiff filed a complaint for divorce on June 26, 2013. In his 2013 case … changed circumstances render the agreed terms no longer 'fair and equitable.'" Morris v. Morris, 263 N.J. Super. 237, … deciding a motion for modification to make those findings. Glass v. Glass, 366 N.J. Super. 357, 371 (App. Div. 2004) …
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… durational alimony to plaintiff ex-wife for four years, commencing when plaintiff moved out of the former marital … of $9216 in 2015 and $9035 in 2016. He also attached his last two paystubs from Valvoline showing a "total … just cause," income should be imputed to "promot[e] a fair and just allocation of the support obligation" of both …
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… mother to her three children and her redacted income tax returns revealed over $1.5 million in unearned … example, the fact that a parent may be driving a luxury automobile does not mean that a child of driving age will be … compel discovery; and (9) any other factor bearing on the fairness of an award. [R. 5:3-5(c).] Defendant's argument …
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… Espinosa. On appeal from the Public Employment Relations Commission, Docket No. 2015-051. O'Brien, Belland & … re Local 195, IFPTE, 88 N.J. 393, 404-05 (1982). As to the last of these criteria, "it is necessary to balance the … "it was arbitrary, capricious or unreasonable"; "lacked fair support in the evidence"; or "violated a legislative …