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… the obscured intersection with reasonable care and caution, commensurate with the risk involved. This duty requires the … observations as a reasonably prudent person would make, commensurate with the risk of danger involved. The judge … v. Green, 86 N.J. 281, 287 (1981)). A jury charge should communicate "in clear understandable language the law that …
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… DIVISION DOCKET NO. A-2972-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF W.W., SVP-86-00. ________________________ … a January 28, 2019 Law Division order continuing his civil commitment to the special treatment unit (STU), the secure … 2 A-2972-18T5 and treatment of sexually violent predators committed pursuant to the Sexually Violent Predator Act …
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… 6 A-1124-18T4 suspicion" that an offense has been committed. State v. Moore, 181 N.J. 40, 45 (2004) (citation … caution in the belief that' an offense has been or is being committed." Brinegar v. United States, 338 U.S. 160, 175-76 … the totality of the circumstances including the officer's "common and specialized experience[.]" Schneider v. Simonini, …
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… the number of field sniffs he had performed, including any comparison of the dog's positive indications to "finds." … alert, and thus must be trained to be conscious of and combat any tendency to subconsciously influence their dogs … the judge found the expert abandoned his role on critical points. Specifically, Judge Foti found the expert's …
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… and ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendants, and UNITED SERVICES AUTOMOBILE … an automobile insurance policy issued by Allstate Insurance Company (Allstate), which provided uninsured motorists (UM) … to certain limitations. In April 2017, plaintiff filed a complaint in the Law Division against Kevin and Michael …
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… Camden County, and Dougherty. He then amended his complaint, naming as defendants Dougherty, the State of New … dismissing those claims. Concerning Dougherty, the amended complaint alleged that he violated Cruz's rights under the … all public officials except those who are 'plainly incompetent or those who knowingly violate the law.'" Id. at …
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… here, is an offender whose last of two prior crimes was committed or when the offender's "last release from … sentenced defendant to an extended term on a crime committed here on August 17 and 18, 2013,1 when it was … materials offered by the State and whether those materials comply with Shepard's requirements. Shepard refined the …
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… she had deflected the kick with her hand, and she had complained of pain and a cut on her hand. Police arrested … POINT I: THE WARRANT WAS INVALID BECAUSE A) IT DID NOT COMPLY WITH THE PROCEDURAL SAFEGUARDS OF RULE 5:7A AND B) … SEARCH. The Warrant Was Invalid Because It Did Not Comply With The Procedural Safeguards of Rule 5:7A. The …
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… He voluntarily left the job because he wanted additional compensation from his employer and had moved from Bloomfield to Clinton, which involved a longer commute. On April 26, 2020, during the COVID-19 pandemic, … benefits as of October 20, 2019, under unemployment compensation law, N.J.S.A. 43:21-5(a). A-1664-20 4 On …
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… motions were granted, as the court found the notice complied with the TCA. However, it 3 For the clarity of the … 531, 552 (2019) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). First, we … that because Micah's time to file a notice of claim and complaint was tolled under N.J.S.A. 59:8-8, the time to file …
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… summary judgment to the Borough and dismissing plaintiff's complaint with prejudice. We affirm. The indisputable … summary judgment to the Borough, and dismissed plaintiff's complaint with prejudice. The court explained its reasons … of material fact concerning whether the Borough failed to accommodate plaintiff's alcohol-related disability by not …
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… of their health care benefit premiums based on annual income. N.J.S.A. 52:14-17.28(c). Included in Chapter 78 is … City as expressed in the 2018-2021 CNA. The City's verified complaint and order to show cause followed, as did the … Fire Officers Association (PFOA), had a different outcome, considered the facts in this case "diametrically …
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… DIVISION DOCKET NO. A-4635-19 LIBERTY MUTUAL INSURANCE COMPANY and CONSTANCE BRAXTON, Plaintiffs-Respondents/ … cause for respondents/cross-appellants (Law Offices of Viscomi & Lyons, attorneys; Michael A. Roter, on the briefs). … Braxton's auto insurer, plaintiff Liberty Mutual Insurance Company (Liberty Mutual), filed a Rule 4:11-1 petition …
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… [appellant in the] . . . January 15, 2019 [decision], to be complete and accurate." The Administrator further informed … his sentences under Indictment Nos. 1267 and 1947 when computing his PED. "[A] presumption of reasonableness … for each defendant but within the parameters of and in compliance with the terms of the sentence imposed by the …
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… is insufficient evidence supporting the court's findings he committed the predicate act of harassment and an FRO is … share two children, ages eleven and nine. Plaintiff filed a complaint seeking a domestic violence restraining order against defendant. The complaint alleged that on July 29, 2019, defendant committed …
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… 1, 2019 Family Part order entered following an ability to comply hearing, compelling his incarceration NOT FOR PUBLICATION WITHOUT THE … appeal followed. On appeal, defendant raises the following points for our consideration: ARGUMENT 1 THE TRIAL COURT …
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… At the time, defendant was not speeding, nor did he commit any other traffic violations. 3 A-2271-18 … the vehicle, he smelled "a strong odor of marijuana coming from inside the vehicle." Principato made contact … including a minor traffic offense, has been or is being committed.'" State v. Bacome, 228 N.J. 94, 103 (2017) …
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… in favor of defendant. On appeal, plaintiff argues three points: Dr. Wordeman's expert opinion testimony should have … A determination on the admissibility of expert evidence is committed to the sound discretion of the trial court. … there does exist a general acceptance in the scientific community about the scientific theory. [Id. at 398.] When …
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… the hearing in 1 We refer to appellant by his initials in compliance with Administrative Directive #19-9, "Guidelines … arrest and charge upon a showing of good cause and a compelling need where the records are the subject of … from K.L. stating "I'm on my way[,]" "C u shortly[,]" and "Come outside, I'm here." B.T.L., believing K.L. was outside, …
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… lease involving twenty-eight parking spaces in an apartment complex garage, defendants Fairview Bergen Associates, LLC … for the reasons set forth in Judge James J. DeLuca's comprehensive written decisions supporting each of his … Joseph Berardo and Oded Aboodi were equal partners in two companies, Crystal Lake, Inc. and Aras Properties, Inc. …