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… whistleblower retaliation claim premised on an employee’s complaints about wage and hour requirements is preempted by … modern contours of NLRA preemption were set forth in San Diego Building Trades Council v. Garmon, 359 U.S. 236 … Elk did not deviate from the seniority provisions, Puglia points out that a jury could still find a retaliatory motive …
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… I. On February 27, 2008, plaintiffs filed an amended complaint against defendants alleging breach of contract in … of the CFA. Moleski and Coakley also filed a third-party complaint against James Wall, seeking damages for his … and Wall's amended answer included a fourth-party complaint against ARS for contribution and indemnification.1 …
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… NATIONWIDE CAPITAL, FIDELITY NATIONAL TITLE INSURANCE COMPANY, APPROVED FOR PUBLICATION November 21, 2022 … Division, Sussex County, Docket No. L-0531-20. Kevin M. Kilcommons and Leonard J.C. Hardesty, Jr., argued the cause for appellants (Kilcommons Law, PC, and Hardesty Law Group, PC, attorneys; …
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… from orders denying his motions to amend his first amended complaint and for reconsideration. He also challenges the … court's order granting summary judgment dismissal of his complaint and punitive damages claim to defendants. Having … the Agreement involved him individually or Saini, P.A. He points to the Agreement's provisions regarding health and …
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… leaders of a drug trafficking network, N.J.S.A. 2C:35-3, commonly referred to as the “kingpin” offense. As to the … in the trial court’s general kingpin instruction, which comports with the statute and interpretive case law. (pp. … “need not have any specific configuration or chain of command.” Alexander, 136 N.J. at 575. It was unnecessary for …
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… delivered by FIRKO, J.A.D. This appeal involves the Clean Communities Program Act (the Act), N.J.S.A. 13:1E-213 to … to-wholesaler exemption. In 2018, Cargill filed a complaint in the Tax Court contending it was not subject to … is devoid of any information regarding spending. Cargill points out, however, the Legislature historically A-1537-21 …
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… DIVISION DOCKET NO. A-3654-21 NEW JERSEY REAL ESTATE COMMISSION, Petitioner-Respondent, v. RICHARD A. KARPF, … and Marczyk. On appeal from the New Jersey Real Estate Commission, Department of Banking and Insurance, Docket No. … Richard A. Karpf1 appeals from the New Jersey Real Estate Commission's ("Commission") June 14, 2022 final …
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… Inc. (BCI), regarding the alleged breach of a lease of a commercial property in Totowa. When defendant did not vacate … termination of the lease, plaintiffs filed a four- count complaint alleging breach of the lease (count one), breach … 540 (1995). Plaintiffs ICC and Color Street are affiliated companies in the business of manufacturing, distributing, …
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… ordinance restricting ownership at certain senior housing communities. Defendant Township of Berkeley (Township) … determined the need for such legislation based on studies and hearings indicating that families with children … does not expressly permit the restriction on ownership embodied in the Ordinance. "As a general matter, the primary …
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… portions of the opinion. Delaware River Joint Toll Bridge Commission v. George Harms Construction Co., Inc. (A-55-22) … enter into PLAs generally. 10 Harms sought, among other remedies, a preliminary injunction enjoining the Commission from … that it was, the actual amendments do not help Harms. Harms points to language in which each legislature “finds and …
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… Henderson.1 On appeal from the New Jersey Department of Community Affairs, Government Records Council. CJ Griffin … basis. 'Arbitrary and capricious action of administrative bodies means willful and unreasoning action, without … authority permitting the GRC to do so, and the GRC points to none.6 Because the effect of N.J.A.C. …
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… to - 15, which is a congressionally sanctioned interstate compact addressing the transfer of a prisoner from the … in Pennsylvania in connection with a series of burglaries committed in that state. In October 2017, defendant pled … court ultimately entered an order stating that trial had commenced for IAD purposes on July 24, 2018, when jury …
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… defendant permission to post the videos on social media and complained to him that the comments his followers left about her body caused her to be uncomfortable. However, defendant continued to post the …
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… Defendant Brandon Washington was forcibly removed from a “Ladies Night” event after an argument with a security guard. … States v. Wade, 388 U.S. 218 (1967), and develop a more complete factual record. 1. Suggestive identification … included in a lineup. Id. at 256. In both instances, studies show that witnesses are affected by repeated viewings …
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… the public posts, police issued a terroristic threats complaint against defendant. An officer testified that in addition to the “[w]orry about a head shot” comment, he was concerned from the Facebook posts that … is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize …
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… by name at her home. Defendant maintained that he did not commit the carjacking and stated, “[i]f it’s me that you’re … the carjacking charge. Under N.J.S.A. 2C:28-5(a), a person commits third-degree witness tampering “if, believing that … defendant awaiting trial has no First Amendment right to communicate directly with the victim of the alleged violent …
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… station, Gansel worked with Officer Christopher Heffner to complete the paperwork and observe defendant for a … Joseph Tafuni, to challenge the Alcotest readings. At the commencement of the hearing, defendant's attorney objected … and . . . waited 5 A-1558-21 for one of the officers to come to talk to [him]" before leaving the scene.1 Officer …
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… lacked the requisite expertise 2 Pursuant to New Jersey's comparative negligence statute, as set forth in N.J.S.A. … deposition, Dr. Guzzardi did not cite to any articles or studies in support of his opinion, which he stated was based on … Moreover, when an expert relies on scientific or medical studies, "the trial court should review the studies, as well as …
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… he sent several pictures and one video of B.R., each accompanied by sexually graphic narratives describing B.R. … describe "wanting to molest" her. He also sent a video compilation of several photos of B.R. in a bikini, pictured … photographs and video by inserting sexual content or commentary on the reproduced picture or video, he converts …
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… current husband, who was facing charges for conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3, from … much back and forth" between the parties, "a lot of lack of communication, a lot of irresponsibilit[y] from both sides, … healthy for" Jack. Defendant added, "I feel as though him coming to [Florida] will be more beneficial for him. And …