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njcourts.gov
… to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). … to Elisha’s home. Upon their arrival, Elisha packed a plastic bin and garbage bag in the rear of Gibson’s car. … irrebuttable 23 presumption that a defendant’s right to a fair trial would be prejudiced.” United States v. Marion, …
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njcourts.gov
… Kavanaugh, the initial zoning officer. The nub of Harz’s complaint is that she had to expend substantial funds to … the Board to provide Harz with the opportunity to be heard. Last, because an interested party’s right to be heard is … Ibid. Indeed, we may review the statute “with fresh eyes.” Fair Share Hous. Ctr., Inc. v. State League of …
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njcourts.gov
… Realty Group Cedar v. Travelers Excess and Surplus Lines Company (A-85-15) (077617) Argued January 31, 2017 -- … Flood Zone A according to National Flood Insurance Program classifications. Oxford entered into an insurance contract … 99, 118 (2014) (“Contracts should be read ‘as a whole in a fair and common sense manner.’” (quoting Hardy ex rel. …
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njcourts.gov
… test, the Court considers whether its admission was accompanied by a sufficient limiting instruction. Immediately … acts for which no criminal conviction had been obtained. Lastly, defendant urges this Court to uphold the Appellate … to divert the minds of the jurors from a reasonable and fair evaluation’ of the issues in the case.” Long, supra, …
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njcourts.gov
… suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract … rose, retirees who retired after 1952 watched their fixed incomes drop in real terms. The Legislature responded in the … intent to create a non-forfeitable right to COLAs. Fairly viewed, the parties’ many arguments are reasonable. …
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njcourts.gov
… systems’ unfunded liabilities over a period of years. The combination of these amounts is known as the annually … called for by the statute. 1. No analysis of this matter fairly can commence without initially recognizing the … financial obligation, above a certain amount and lasting year to year, is not created, without voter …
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njcourts.gov
… a spinal cord injury. The injury rendered plaintiff an incomplete paraplegic. Sahara Sam’s contracted with Aquatic … for review to the New Jersey Department of Community Affairs, Amusement Safety Ride Unit (DCA). Based on the … the instructions given to plaintiff about the FlowRider lasted less than a minute. The attendant, moreover, did not …
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njcourts.gov
… 2011, DeMarco and his wife filed a medical malpractice complaint in New Jersey alleging that Dr. Stoddard … determination, the Court concludes that the compulsory automobile insurance model has no relevance to the remedial … DeMarcos assert that the Appellate Division decision was fair and equitable. Plaintiffs contend that the RIJUA was in …
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njcourts.gov
… A new trial is warranted only where the jury could have come to a different result had it been correctly instructed. … principle known as “mode of operation.” See Nisivoccia v. Glass Gardens, Inc., 175 N.J. 559, 563-65 (2003); Wollerman … and proper charges to a jury are essential for a fair trial.’” Velazquez ex rel. Velazquez v. Portadin, 163 …
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njcourts.gov
… 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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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS May 24, 2019 Michael A. Paff, Esq. … of Scotch Plains. The real property is improved with an automobile service station, automotive repair facility, and … behalf of both parties and conclude the matter based on a fair preponderance of the evidence.” Ford Motor Co. v. …
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njcourts.gov
… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS _______________________________ : … Decided: November 16, 2018. Douglas S. Stanger for Plaintiff (Flaster Greenberg, P.C., … under consideration here is grounded in practicality, fairness and policy. Swain, 28 N.J. at 67. It was the policy …
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njcourts.gov
… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … The issue is how much of plaintiff’s income from fax blast services should be allocated to New Jersey. After an … allocation factor in order to reflect more accurately and fairly the activity, business, receipts . . . or entire net …
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njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … be used during that period, but is carried over to its last year of life, i.e., its seventh year. If there is no … NOLs preserved”). This reasoning/construction is within the fair contemplation of Subparagraph E. Since raising revenue …
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njcourts.gov
… provides: Buyer agrees that if it should fail or refuse to complete this transaction within fourteen days after the … enrichment, and constructive trust against all defendants. Lastly, it alleged breach of escrow and conversion against … he account for the res in whatever manner the court deems fair and just." Ibid. 30 A-3169-20 Plaintiffs do not allege …
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njcourts.gov
… Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Respondent. … contract and the implied covenant of good faith and fair dealing. The complaint sought compensatory and punitive … exclusions invoked by National Union do not apply. Lastly, the trial court held Phibro waived its right to any …
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njcourts.gov
… HOME LENDERS, INC.; ACCREDITED HOME LENDERS HOLDING COMPANY; JAMES M. MORAN, CHIEF EXECUTIVE OFFICER - … court was delivered by CARCHMAN, P.J.A.D. The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. … State Corporations laws and such statutes as the NLRA, the Fair Labor Standards Act (FLSA) and the Employee Retirement …
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njcourts.gov
… provides: Buyer agrees that if it should fail or refuse to complete this transaction within fourteen days after the … enrichment, and constructive trust against all defendants. Lastly, it alleged breach of escrow and conversion against … he account for the res in whatever manner the court deems fair and just." Ibid. 30 A-3169-20 Plaintiffs do not allege …
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njcourts.gov
… 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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njcourts.gov
… 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 …