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… and affirm. I. We derive the following facts from the competent evidence in the summary judgment motion record, … by those parties or their privies in a new proceeding." Velasquez v. Franz, 123 N.J. 498, 505 (1991). For res judicata … to avoid fragmentation of litigation, and to promote party fairness and judicial economy and efficiency." Ibid. …
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… amended the judgment of conviction to order defendant's compliance with Megan's Law, N.J.S.A. 2C:7-1 to -23, which … what he claimed is an illegal sentence — the requirement he comply with Megan's Law — and denying his motion to withdraw … orders, and we address only the legal issues that may be fairly decided based on those facts. In 1996, defendant …
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… and heroin, N.J.S.A. 2C:35-5(b)(1), in exchange for a recommended ten-year prison term, including five years of … 447 (2015) (approving a warrantless search under the automobile 3 The legalization of marijuana in New Jersey has … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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… Division, Bergen County, Docket No. L-5015-17. R. Armen McOmber argued the cause for appellant (McOmber McOmber & … clarity so that the plaintiff will have a full and fair opportunity to demonstrate pretext." Id. at 253, … or determinative cause of" the action in question. Fuentes v. Perskie, 32 F.3d 759, 762 (3d Cir. 1994). The …
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… Division dated August 26, 2019, which dismissed their complaint without prejudice and required that they arbitrate … the reasons that follow, we reverse the trial court's order compelling arbitration and remand for a plenary hearing. I. … legal questions, which are subjected to de novo review." Fairfax Fin. Holdings Ltd. v. S.A.C. Capital Mgmt., L.L.C., …
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… a summary of the documents. In July 2018, the judge compelled the DCPP to disclose to defendant any reports it … OF COUNSEL, DUE PROCESS OF THE LAW AND OF HIS RIGHT TO A FAIR TRIAL SINCE TRIAL COUNSEL FAILED TO OBTAIN[]AN EXPERT … – between fifteen to thirty girls – for about four sessions lasting approximately one to two hours each, in preparation …
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… SHOULD BE ORDERED BECAUSE HE WAS DENIED DUE PROCESS AND A FAIR TRIAL BY THE ERRONEOUS ADMISSION OF TESTIMONY ABOUT CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME. U.S. CONST. AMENDS. V AND XIV; N.J. … it as "pretty much scratch[ing] the surface"—during an in-class oral presentation. The same social worker responded; …
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… Vice-President for Enrollment Management & Student Affairs. On July 2, Romano emailed Foreman directing her to … an earlier conversation, "that shows the profile of each incoming EOF class for each of the last three years and where the students …
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… expenses into a trust, parenting time, and imputation of income) would be determined by the court if they could not … A. In Minkowitz v. Israeli, we considered "the compatibility of the same party assuming the role of … "maintain 'broad public confidence in the integrity and fairness of the [arbitration] process.'" If the same person …
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… A-3431-18T2 JOSEPH RILEY, Petitioner-Respondent, v. THOMAS COMPANY, INC., Respondent-Appellant. … On March 30, 2018, Dr. Malay performed a total ankle arthroplasty3 on Riley's left ankle. The procedure was the fourth … only if opposing documents are facially insufficient to fairly meet, contradict or oppose the material allegations …
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… Argued June 3, 2021 – Decided July 9, 2021 Before Judges Fuentes, Whipple, and Rose. On appeal from the Superior … ROSE, J.A.D. In this appeal, we consider an internet-based company's method of communicating its terms and conditions … ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant …
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… exited their police vehicle and noticed smoke or fire coming from beneath the disabled vehicle. Fidalgo stated … subpoena, and that he went to two addresses for Rentas, the last being his mother's home where Rentas met with PCR … to reassign a matter "to preserve the appearance of a fair and unprejudiced hearing." Steele v. Steele, 467 N.J. …
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… select in advance the courses they would teach during the coming year. Appellants were not paid a fixed annual salary—they were paid per class. In July 2001, Morris County benefits specialist Gayle … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. The burden of …
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… together for [two] years. As [Dwayne] was not evaluated, no comments may be made regarding his parenting capacity or any … has some difficulty trusting [Dwayne]. Dr. Singer recommended Serena "participate in individual therapy"; "be … mark[,]' an appellate court must intervene to ensure the fairness of the proceeding." L.L., 201 N.J. at 227-28 …
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… JEFFREY REDRUP, OZZY GUZMAN, and MICHAEL CLARE ("EMS COMMITTEE OF PETITIONERS"), Plaintiffs-Respondents/ … placing non-binding referenda on the ballot . . . ." Lastly, plaintiffs contended defendants' actions violated … in order to encourage public participation in municipal affairs in the face of normal apathy and lethargy in such …
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… DIVISION DOCKET NO. A-2573-15T2 MARC LARKINS, ACTING STATE COMPTROLLER, STATE OF NEW JERSEY, OFFICE OF THE STATE COMPTROLLER, Plaintiff-Respondent, v. GEORGE J. SOLTER, JR., … to his letter, which further concluded that "fundamental fairness and the mutual respect owed by governmental …
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… (Redeveloper Agreement), which said when the "Project" is complete, the Borough shall issue a certificate of … 455 (2003). Courts should read contracts "as a whole in a fair and common sense manner[,]" Hardy ex rel. Dowdell v. … and welfare facilities, and zero-emission vehicle fueling and charging infrastructure. 22 A-2716-20 this …
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… The DEP advised the Hunterdon DOH that due to the "complexity of [the] project and the atypical application of … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Stein v. Dep't of L. & Pub. … requirements for the completion of an application for a class or category of permit and the review thereof, and shall …
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… in plaintiff's, Martha Miqueo's (Martha),2 verified complaint, we are also clearly convinced she waived her … as Martha Miqueo-Elian. Further, because her husband, Nicholas Elian, is also involved, we use their first names to … interpretation is to read the document as a whole in a fair and common sense manner." Hardy ex rel. Dowdell v. …
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… 2, 2024 Law Division order granting defendant's motion to compel arbitration and dismissing their ten-count complaint … Plaintiffs challenged the procedural and substantive fairness of the ADR clause. They maintained that the … all walls prior to install. Wrap entire trainset in plastic/tape to make sure nothing gets dust/debris and leave …