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… and that certain sentences arising from crimes committed in the same criminal episodes should run … defendant so that it may consider whether certain offenses committed within the same criminal episode warrant … kidnapping charges. Defendant contends that the evidence supported second-degree kidnapping charges regarding the …
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… sexual contact with a minor to whom he is related, has committed a “sole sex offense” within the scope of the … multiple offenses against a single victim at different points in time precluded the application of the … Division affirmed, finding clear and convincing evidence to support the trial court’s determinations with respect to the …
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… in Schmerber v. California, 384 U.S. 757 (1966), as support for the warrantless taking of blood samples from … test results when the police merely followed an asserted, commonly held understanding of Schmerber’s requirements in … blood test of a drunk driving suspect. Defendant points out (1) that the Supreme Court’s remand signaled its …
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… An appellate panel reversed, holding that both trial courts committed plain error when they permitted the juries … error for the testimony to be replayed in open court, but recommended that trial judges confronted with similar requests … corroborated Q.M.’s pretrial statement, and none of which supported his testimony at trial. Q.M.’s attempts to explain …
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… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … the sufficiency of the foundational documents offered in support of the Alcotest, but did not decide the … her and brought her to police headquarters. At several points defendant asked why she was being treated like a …
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… On direct appeal, defendant argued that the trial court committed reversible error by failing to provide the jury … reliance on State v. Oliver, 133 N.J. 141 (1993), as support for its argument that the defective jury charge was … the Carter instruction in its jury charge. Defendant points to Haley, supra, and maintains that the Carter …
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… In the Matter of Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (A-22-13) (072810) Argued … the clinic’s screening measures and conflicts checks. VLJ points to other ethics opinions in New York City and Boston … other arguments that echo VLJ’s position. Among other points, the NJSBA stresses that the ACPE’s opinion will have …
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… Med South is a private cooperative apartment building, commonly referred to as a “co-op.” In a co-op arrangement, … Constitutional Litigation Clinic, argues that Mazdabrook supports an affirmance. Among other arguments, the … instead sought permission to speak directly to the audience he needed to reach: the voting members of the …
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… owner. A.C. and B.B. sued the Tailors in 1994. The verified complaint filed by A.C. and B.B., and certified by B.B., … further action was taken. On December 3, 2003, A.C. filed a complaint against B.B. asserting that he did not permanently … from the certifications submitted by both parties in support of and in opposition to cross-motions for summary …
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… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS : SUPERIOR COURT OF NEW JERSEY AMANDA … that he was under Defendants’ control. Finally, Plaintiff points out that if the Court were to consider this “new” … Div. 1988). Because the CFA provides for the enhanced remedies of treble damages and attorneys’ fees, “[t]he …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS CLASSIC MOTOR CAR CO. -vs.- AUTOMOBILI … on July 22, 2011. In its pleadings, Classic Motorcar Company, LLC d/b/a Lamborghini Bergen County (“Plaintiff” or … of 2011. However, ALA argues that there is no evidence to support that the dealership closing was temporary or for …
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… in court during the trial. During summation, the prosecutor commented on defendant’s not being Dewyer’s friend because … and possibly wearing a “red,” “orange,” or “yellow” hoodie.6 She further described the man as “brown.” The Carvers … found all four comments addressed by the majority to be supported by the record and that “no unjust result occurred …
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… employees or independent contractors under the Unemployment Compensation Law, which sets forth a test -- commonly referred to as the “ABC test” -- to determine … Bay but admitted that he did not produce any evidence to support that claim. East Bay provides the workers with the …
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… in Hoboken, NJ, is a major provider of consumer and commercial products under brands like Rubbermaid, Crock-Pot, … Glue. Jarden was a similarly successful consumer products company of comparable size to Newell. On 12/14/15 Newell … that were not disclosed. Plaintiff argued the following points in opposition: A. New Jersey's Notice Pleading …
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… present matter is before the Court on Plaintiffs’ Motion to Compel Production of Documents and More Specific Answers to … II. Procedural and Discovery History Plaintiffs filed their complaint on or about January 30, 2017. On or about July 5, … term “industry standards”, identify any industry standards supporting this blanket assertion, and fails to indicate how …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY … T. SMITH, J.S.C. APPROVED FOR PUBLICATION November 5, 2018 COMMITTEE ON OPINIONS 2 Before the court is the State’s … motion orally. The State also filed a supplemental brief in support of its motion. Oral argument was heard on September …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS MEL REALTY, LLC; RAFAEL LEVIN; 505 8TH … & Smith, LLP). FACTUAL BACKGROUND THIS MATTER arises from a commercial real estate transaction commenced by Dr. Rafael … that the expert ‘give the why and wherefore’ that supports the opinion, ‘rather than a mere conclusion.’” …
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… on their failure-to-warn claims, awarding them substantial compensatory damages. Roche now appeals on various grounds. … and diarrhea. Dr. Viglione did not warn Mace that the diet medication could aggravate her ulcerative colitis, nor … of IBD in humans and was the cause of plaintiffs' IBD. He supported his conclusions with reference to the information …
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… the hostile work environment claim, the jury found that the complained-of conduct had occurred, and that it occurred … plaintiff believes without evidence that Dingivan did not support the move. A few months after coming to Union, … that was awarded to a A-2255-10T1 15 woman named "Freddie." He claims that he was also wrongfully denied a …
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… of two shareholders in a New Jersey limited liability company, ASUMA, LLC ("ASUMA" or "the LLC"), through a final … judge erred in attributing zero value to his shares in the company. For the reasons that follow, we affirm the trial … maintains that several of the court's factual findings lack support in the record, specifically including findings that …