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… opened the passenger-side door and smelled burnt marijuana coming from the vehicle. When Ruocco asked plaintiff if he … the weapons charge was dropped. Plaintiff filed a complaint against Ruocco, Torres, and Cooper (collectively … of competence required for qualified immunity, it cannot fairly be said in this instance that no reasonably competent …
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… to determine whether the search of defendant’s hotel room comported with the dictates of both the Federal and State … exist, the police may rely on information that may be classified as hearsay in a courtroom setting. The ultimate … “are not truly anonymous” and “that a 9-1-1 call carries a fair degree of reliability inasmuch as it is hard to …
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… of aggravated manslaughter in exchange for the State’s recommendation of a sentence not to exceed … elicited for the plea indicated that he was asserting a complete defense to the charge. In a split decision, the … And at the time, you and Edwin Torres, would it be fair to say, got into an argument? THE DEFENDANT: Yes. …
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… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … the Alcotest was in working order. (pp. 17-18) 3. Here, the last semi-annual calibration was completed on January 12, … the panel declined to address whether the evidential record fairly supported the Law Division’s guilty finding under the …
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… occasions, and, on one occasion, Hill made inappropriate comments toward her and directed a female officer to … Supreme Court that the Ellerth/Faragher analysis provides a fair and practical framework for supervisor sexual … of New Jersey (Proskauer Rose, attorneys; Mr. Saloman, Nicholas M. Tamburri, and John J. Sarno, on the brief). JUSTICE …
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… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking compensatory damages. Plaintiff’s expert, Rosen, opined that … and proper charges to a jury are essential for a fair trial.’” Velazquez v. Portadin, 163 N.J. 677, 688 …
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… action against O’Neill. In April 2009, Manahawkin filed a complaint in which O’Neill was named as the sole defendant. … reasserted her NHA, CFA and TCCWNA claims and sought class certification, which the trial court denied. 4 The … of construction. Contracts should be read “as a whole in a fair and common sense manner.” Hardy ex rel Dowdell v. …
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… pleaded guilty to first-degree robbery in exchange for a recommended sentence, and agreed to testify against defendant. … confrontation and due process rights and deprived him of a fair trial. U.S. Const. amends. V, VI, XIV; N.J. Const., … 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004); Douglas v. Alabama, 14 380 U.S. 415, 419-20, 85 S. Ct. 1074, …
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… to substitute its judgment for the judgment properly and fairly exercised by the trial court. The State did not … a small item to the buyer. The trooper also observed, coming from 815 Line Street, a third unknown black male who … Thomas. The search of 815 Line uncovered 9 twenty-five glass containers with “yellow caps of crack cocaine,” blue …
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… (Princeton Office Park) purchased a 220,000 square foot commercial building on thirty-seven acres of land in the … Third Circuit’s certified question requires that the Court classify the lien held by a purchaser of a tax sale … the least burden on the property owner, consistent with fair protection to the purchaser at a tax sale.” Assemb. 52 …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … of waiver must be resolved in Plaintiff’s favor. Id. at 16. Lastly, Plaintiffs address Count II of the Amended … the Association for potentially violating its duty of fair representation and is not against the Board for breach …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … et seq., and New Jersey’s Trade Names, Trade-Marks and Unfair Trade Practices Act, N.J.S.A. § 56:3-13.1, et seq. … for misuse of a trademark or design that it does not own. Lastly, the Plaintiff argues that even if the …
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… or defendant) motions for summary judgment in these two companion cases (referred to herein as the “Caprioti action” … against 47 plaintiffs, contending that they filed their Complaint more than 10 years after the purchase of their … primary consideration underlying a statute of repose is fairness to a defendant, the belief that there comes a time …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … which was formerly home to a metal implements manufacturing complex. Defendant 680 S. 17th Street, LLC (“680 LLC”) is a … dismiss. (Footnote continued) The Court found that under a fair reading of the complaint pursuant to the motion to …
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… Carbide began placing a warning on its asbestos bags. In compliance with an emergency standard imposed by the … In Justice Patterson’s view, the majority replaces the fair and workable failure-to-warn standard for workplace … filed a dissent, which JUSTICE SOLOMON joins in part. JUDGE FUENTES (temporarily assigned) did not participate. 1 …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS STEADFAST INSURANCE COMPANY and … Q. What was your reaction? A. That we were going to lose fairly badly. Q. Did that influence at all your view about … an adjuster at his insurance company ten days after an automobile accident was not protected by the attorney client …
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… Prepared by the Comt ESTATE OF RONALD DOERFLER AND STEPHANIE DOERFLER, … whenever an insured cause of loss is either the first or last cause in the chain of causation bringing about the … insurance coverage for spray, a miniscule form of water, a fair interpretation of the Chubb policy language would …
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… present matter is before the Court on Plaintiffs’ Motion to Compel Production of Documents and More Specific Answers to … notice of this request. Thus, PNC contends that fundamental fairness and due process requires that notice be provided to … accounts subject to the litigation can be identified by the last four digits. While PNC contends that it incorrectly …
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… Plaintiff-Appellant, vs. PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Defendant-Respondent. … LAD (Count Two), breach of the covenant of good faith and fair dealing (Count Three), breach of contract (Count Four), … Court held that, when a plaintiff is not in a protected class, the first prong of the standard is modified and the …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY … this estimate, the amount of time a trial is projected to last does not, per se, indicate that the substance of what … judicial economy cannot override a defendant's right to a fair trial. Rule 3:15- 2(b) thus provides for relief from a …