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… smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … in the incident. Jarrells told defendant to put the gun away because there were children in the apartment. McLean did … must establish a reasonable likelihood that he or she will ultimately succeed on the merits, "viewing the facts alleged …
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… to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … at 318). The categories in subsection (a), "when read together, as they must be, reveal an intent by the drafters to … (App. Div. 1989). While the indemnification provision might ultimately relieve defendant from damages if plaintiff …
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… of the crime if they were confirmed to be marijuana. Together all five bags weighed seventy-five grams, or almost … A. Correct. The assistant prosecutor then asked the ultimate question: "So, it would be your expert opinion, if … is fooled" by such questions. Id. at 429. We decline to revisit the Green panel's holding of pipeline retroactivity, …
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… 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … governing the right of appeal." Importantly, the arbitrator ultimately determined, "[r]egardless of which statute … process. Accordingly, when we consider the two documents together, we agree with the motion judge, and the arbitrator …
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… LLC, REVENUE MANAGEMENT, CAPITAL MARKETS, KT TRUST, COMMERCIAL FINANCIAL GROUP, and TRI-FACTORS, Defendants. … Argued October 18, 2016 – Decided Before Judges Koblitz, Rothstadt and Sumners. On appeal from … plaintiff argues that the court erred by ordering the ultimate sanction of dismissal and awarding counsel fees …
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… school is at full capacity and consequently unable to accommodate all of the students who fall within this … Law Judge (ALJ). The parties participated in discovery, and ultimately filed cross-motions for summary disposition, … and disputes arising under the school laws[.]'" Archway Programs, Inc. v. Pemberton Twp. Bd. of Educ., 352 N.J. …
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… Submitted October 26, 2020 – Decided Before Judges Fasciale and Susswein. On appeal from the … Anthony F. Picheca, Jr., entered the order and rendered a comprehensive and well-reasoned fourteen-page opinion. We … prejudiced by their failure to raise an argument that ultimately would have proved unsuccessful. Strickland, 466 …
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… dismissing without prejudice plaintiff's earlier-filed complaint seeking like relief. We agree with plaintiff that … 3) "a preliminary showing of a reasonable probability of ultimate success on the merits"; and 4) consideration of … an order is harsh or oppressive to the defendant, Stehr v. Swayer, 40 N.J. 352, 357 (1963), or whether a 8 A-3023-19 …
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… Submitted March 17, 2021 – Decided April 14, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … an August 16, 2019 Law Division order denying his motion to compel entry into the Pretrial Intervention Program (PTI). … restitution and defendant was willing to do so. The court ultimately concluded that while it did not agree with the …
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… before an administrative law judge (ALJ), the Assistant Commissioner of the Division of Child Protection and … intersection a short distance before turning into the driveway of his home. Davenport followed. Kevin and the children … asked him to perform field sobriety tests in the garage. Ultimately, Davenport determined Kevin was under the …
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… Argued February 10, 2020 – Decided February 21, 2020 Before Judges Messano, Ostrer and Susswein. On appeal from an … Plaintiff James Kennedy, II, alleges in his March 2019 complaint that defendant Weichert Co. misclassified him and … proposed intervenor and an existing party share the same ultimate objective, the proposed intervenor must overcome a …
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… A-2650-18T3 ESPERANZA CALERO, Petitioner-Respondent, v. TARGET CORPORATION, Respondent-Appellant. … trial judge); see also N.J. Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015) ("An … general, we have adhered to our understanding that "[t]he ultimate purpose . . . is to provide a dependable minimum of …
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… Submitted May 26, 2020 – Decided July 13, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … Plaintiff Henry Chen appeals from the dismissal of his complaint with prejudice pursuant to Rule 4:23-5(a)(2). In … a measure of protection to the party who is faced with the ultimate litigation disaster of termination of his cause." …
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… Argued June 8, 2022 – Decided June 28, 2022 Before Judge Hoffman, Whipple and Geiger. On appeal from the … charging her with insubordination and conduct unbecoming of a public employee. Cole v. N.J. Off. of the Pub. … with an escalating voice while nearing the colleague, ultimately screaming within inches of her co-worker's face. …
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… Argued January 25, 2022 – Decided March 9, 2022 Before Judges Currier, DeAlmeida, and Smith. On appeal from … jury. Since his conviction and sentence in 1988, Pujols has committed at least thirteen institutional disciplinary … OF INSIGHT" WITHOUT DEFINING THEM AND THEIR NEXUS TO THE ULTIMATE STATUTORY STANDARD CONSTITUTES AN ABUSE OF …
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… v. BOARD OF EDUCATION OF THE TOWNSHIP OF ALLOWAY, SALEM COUNTY, Respondent-Respondent. Submitted April … Judges Messano and Rose. On appeal from the New Jersey Commissioner of Education, Docket No. 241-10/17. S.H. and … legally competent evidence . . . exist[s] to support each ultimate finding of fact to an extent sufficient to provide …
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… with a nineteen-year-old woman. The two traveled together from Staten Island to a wooded area of the Wharton … not respond to repeated requests for a copy of his file and ultimately destroyed the file. The State opposed the … his petition, it was not required. Court transcripts were always available to [defendant]. Also, while difficulty …
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… court found defendant in contempt of court for failing to comply with orders to – among other things – pay fifty … in contempt for failing to provide discovery. Discovery ultimately revealed defendant's Fidelity Profit Sharing Plan … child support obligation, arguing that their son living away from home for the school year was a material change in …
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… and responded. When he was about three quarters of a mile away from the store, he saw a vehicle traveling toward him, … was the reasonable and typical suspicion for the officer to ultimately pull this car over." Thereafter, the court found … is based on specific and articulable facts which, taken together with rational inferences from those facts, give rise …
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… answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … raise or brief on appeal); N.J. Dep't of Env't Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2, (App. Div. 2015) … "Upon such a showing by the employer, plaintiff has the ultimate burden of proving that the employer's proffered …