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A-3760-23 Briefs
Briefs
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… Division, February 11, 2025, A-003760-23 ±± TABLE OF CONTENTS TABLE OF CONTENTS … LAW ............................................ 5 POINTS ON APPEAL ASSIGNMENT JUDGE SHEILAVENABLE AND CHANCERY … 2018 12 USC §2605(e); 12 CFR 1024 AND JUDGE ALPER HAD FULL POWER TO ADJUDICATE AND DISPENSE WITH ALL CLAIMS IN FILED, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … offices in New Jersey. Plaintiff is the trading arm of PSEG Power LLC, an energy supplier that is subject to New … an event of a seller failure. We need not focus upon this point, because plaintiff does not contend that the November …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the issue was "whether the MVC properly exercised its power in failing to issue a location type 'A' Used Motor … determination is limited. In re Carter, 191 N.J. 474, 482 (2007). "Judicial review of agency regulations begins with a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Petitioner served as a corrections officer with full police power pursuant to N.J.S.A. 2A:154-4, and as such, he was … a different result." In re Herrmann, 192 N.J. 19, 28-29, (2007). Moreover, in Phillips, our Supreme Court recognized a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Tpk. Auth. v. Local 196, I.F.P.T.E., 190 N.J. 283, 292 (2007)) (alteration in original). "The public policy of this … of the parti es; (4) the arbitrator exceeded his or her power; (5) there was no agreement to arbitrate; or (6) the …
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… CARI FAIS, Acting Director of the NEW JERSEY DIVISION OF CONSUMER AFFAIRS, Plaintiffs-Respondents, v. SMITH & WESSON … Speech B. The Attorney General's Actions Constitute Viewpoint Discrimination against [Defendant] C. The Actions of … Thus, "[t]he question is not whether a state court has the power to exercise jurisdiction over a case filed within its …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Surrogate's Court issued Letters of Guardianship to E.H., appointing him as guardian of the person and property of his … request one. See N.J.S.A. 3B:12-48 (granting the guardian power to file litigation on behalf of the ward). Thus, …
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… well through most of her life." In that regard, Siegert pointed to B.F.'s exceptional performance and success in the … that: (i) the Association has and had the authority and power to adopt the [r]elevant [r]ules . . . ; (ii) the … In re Est. of Hope, 390 N.J. Super. 533, 541 (App. Div. 2007)). Guided by these principles, we are satisfied that by …
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… state sued Getty (and other petroleum companies) between 2007 and 2017 to recover their remediation costs. Travelers … policies were issued to Getty (or a corporate predecessor, Power Test Corp.) at one of its New York addresses on Long … aff'd and remanded, 134 N.J. 96 (1993). More directly on point, we held in American Home Products, that New Jersey's …
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… January 1, 2019? If so, what shall be the remedy?" At that point, the parties waived closing arguments, instead … Twp. PBA Loc. 124 v. Twp. of Middletown, 193 N.J. 1, 10 (2007) ("Arbitration of labor- management disputes is favored … the arbitrators exceeded or so imperfectly executed their powers that a mutual, final and 25 A-3937-19 definite award …
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… court’s determination of cross-motions for summary judgment concerning the appeal by plaintiffs, Valerie Shedlock and … the Decedent with any right, title, interest, control, or power in the Subject Property. On the same date, the … contemplation of death. At the outset, it is pertinent to point out, that since the transfers under review were …
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… aff’d, 390 N.J. Super. 435, 23 N.J. Tax 261 (App. Div. 2007) (each audit period stands on its own). Compare Id. at … Yilmaz, 390 N.J. Super. at 440, 23 N.J. Tax at 366. The power conferred by the Legislature upon the Director in … probably inadvertently, included amongst its bank records a point of sale report from its computerized cash register …
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… obligations.1 We affirm. I. The parties were married in 2007 and divorced in 2018. They have three children … records," the judge concluded there was a diagnosis "at one point of a small bowel obstruction. But there's really … N.J. 638, 642 (1981)). However, courts retain the equitable power to modify support provisions at any time. Lepis v. …
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… complaint, claiming the parties were divorced in 2007 under a decree he obtained from the Republic of Haiti, … this matter, notwithstanding the title to the car at some point [was] in the joint names of the parties. Defendant … by each party to the education, training[,] or earning power of the other; i. The contribution of each party to the …
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… of the relevant factors. [In re Herrmann, 192 N.J. 19, 28 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 … Caraballo stated: "The reason why is because, at one point, the administrative fee was $25. . . . And then . . . … supra, 343 N.J. Super. at 327. An agency exercising the power of the State must act fairly and candidly towards …
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… argument. 8 A-5640-16T1 ManorCare University portal since 2007 and acknowledged completing more than 100 courses, … This appeal followed. Plaintiff raises the following point on appeal: THE TRIAL COURT ERRED IN GRANTING THE … to the underlying contract." Nuclear Electr. Ins. v. Cent. Power & Light Co., 926 F. Supp. 428, 434 (S.D.N.Y. 1996) …
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… in common." Citing Pacifico v Pacifico, 190 N.J. 258, 267 (2007), the judge held he had to construe any ambiguities in … efforts in improving the value of the property." The judge pointed out the parties had agreed in the PSA they had "no … a prerequisite to its application – unequal bargaining power – did not exist" given the nature of negotiations that …
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… him. The court granted defendant's petition and he was appointed as C.B.'s legal guardian. The sisters and defendant … shared a room and defendant slept in the basement. From 2007, when J.B. was still in the sixth grade, up until 2013, … incapable of exercising normal physical or mental power of resistance. And clearly when you're talking about …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the Medicare, Medicaid, and SCHIP1 Extension Act (MMSEA) of 2007, and the Medicare Second Payer Statute (MSP), 42 U.S.C. … Health-Plan-Recovery/Downloads/ExpIngestionImpRevisedOct11.pdf. 11 A-0603-19T1 Defendant asserts that when the trial …
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… able, Ms. Hernandez, to use the cursor on your computer to point to the area where you fell? Hernandez: Let me see. … Data Processing, Inc., 394 N.J. Super. 237, 251 (App. Div. 2007), we held: [a] fraud on the court occurs "where it can … from court rules and statutes, courts possess an inherent power to sanction an individual for committing fraud on the …