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… ___________________________ BASF CORP., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … as well as flood hazard areas. The Toms River Chemical Company developed 320 acres of the property for the … v. Twp. of Edison, 127 N.J. 290, 311 (1992) (alteration in original) (quoting Glen Wall Assocs. v. Twp. of Wall, 99 …
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… Argued January 26, 2021 – Decided April 22, 2021 Before Judges Gilson, Moynihan, and Gummer. On appeal from the … to her of the stock held by the residuary Estate; (4) to compel a deposition; and (5) to recuse a judge. Plaintiff … 455 N.J. Super. 387, 405 (App. Div. 2018) (alterations in original) (quoting Cummings v. Bahr, 295 N.J. Super. 374, …
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… DIVISION DOCKET NO. A-2876-18 INDEPENDENT VOLUNTEER FIRE COMPANY and JOSEPH J. CARUSO, III, Plaintiffs, and JOSEPH … Submitted December 7, 2020 – Decided April 19, 2021 Before Judges Messano, Hoffman and Suter. On appeal from the … 456 N.J. Super. 550, 562 (App. Div. 2018) (alteration in original) (quoting Startzell v. City of Phila., 533 F.3d …
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… A-1005-17 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION (NO. 2014-0045.001) FOR THE INSTALLATION AND OPERATION OF THE SOUTHERN … statute or constitutional provision") (alteration in original) (quoting Christ Hosp. v. Dep't of Health & Senior …
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… WILL DAVIS, HECTOR ESPADA, AWILDA FERNANDEZ, SHANEIKA FORENBERRY, JERALD GOLSON, GIGI L. GOODWIN, STEVEN R. HAM, … and Smith. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2011-3536, 2011-2422, 2011-4168, … The City's counsel explained that she was not "the original attorney on the matter," but that she had reviewed …
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… Argued April 27, 2021 – Decided May 14, 2021 Before Judges Haas, Mawla and Natali. On appeal from the … Foregoing Errors Require Reversal. POINT IV THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION IN MULTIPLE WAYS, … criminal prosecution." Id. at 350 (second alteration in original) (quoting Davis, 547 U.S. at 822). The Court held …
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… Argued April 27, 2021 – Decided May 14, 2021 Before Judges Fisher, Gilson and Gummer. On appeal from the … his discretion: (1) in including a $5,000 monthly savings component in his eleven-year obligation to pay Martha … savings. Alan, in fact, asks this court "to exercise its original jurisdiction and determine that no savings …
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… Submitted May 10, 2021 – Decided June 23, 2021 Before Judges Messano, Hoffman and Suter. On appeal from the … River previously used by E.I. du Pont de Nemours and Company (DuPont), an industrial site known as the DuPont … to that already predicted for Dock 1. It explained that the original Dock 1/GLC application accounted for ninety-one …
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… GROUP, INC., BENSI MANAGEMENT ASSOCIATES, LLC, BENSI NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … INC., JOHN OSSO, individually, as limited liability company member and/or manager, and as shareholder, officer, … v. Morgan Props., 215 N.J. 431, 457 (2013) (alterations in original) (quoting H. Rosenblum, Inc. v. Adler, 93 N.J. 324, …
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… Submitted June 2, 2021 – Decided June 16, 2021 Before Judges Haas, Mawla, and Natali. On appeal from the … days before Levine's body was discovered. Pursuant to a communications data warrant, police obtained permission to … 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count two). Originally, defendant was represented by private defense …
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… Argued May 10, 2021 – Decided July 12, 2021 Before Judges Rothstadt and Mayer. On appeal from the Superior … 10:5-1 to -49, and it awarded plaintiff Rebecca McCarthy compensatory and punitive damages.1 The trial court also … 320 N.J. Super. 467, 478 (App. Div. 1999) (alteration in original) (quoting Fuentes v. Perksie, 32 F.3d 759, 765 (3d …
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… Submitted May 18, 2021 – Decided July 30, 2021 Before Judges Fisher and Gummer. 1 Plaintiff referred to this … as "Lowes Home Centers, LLC" in the caption of the complaint. We utilize "Lowe's Home Centers, LLC" in the … the employee's conduct – however aggressive and misguided – originated in [an] effort to fulfill an assigned task, the …
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… Submitted February 1, 2021 – Decided July 27, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … To Find Clear And Convincing Evidence Other Bad Acts Were Committed. B. The Trial Court Failed To Submit Required Jury … v. McNeil-Thomas, 238 N.J. 256, 275 (2019) (alteration in original) (first quoting State v. R.B., 183 N.J. 308, 330 …
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… Argued May 3, 2021 – Decided July 19, 2021 Before Judges Sabatino, Currier and DeAlmeida. On appeal from … that some records are missing and surmises that other communications must have been documented and were not … education program,' or IEP." Ibid. (alteration in original) (quoting 20 U.S.C. § 1401(9)(D)). "The IEP is the …
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… Argued February 10, 2021 – Decided July 16, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … Nurseries, LLC (Holmdel or the LLC), including workers' compensation coverage. Plaintiff alleged Purdy was negligent … 178, 197 (2008). [225 N.J. 373, 397 (2016) (alteration in original).] As with summary judgment motions, the court must …
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… Argued March 8, 2021 – Decided August 5, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … one and two); and two counts of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) (counts … arrival, the officers split up, with Archibald going to the original witness' room near the lounge on the first floor …
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… G.T. (a fictitious designation), Plaintiff-Respondent, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from orders denying their motions to dismiss the respective complaints of plaintiffs R.A. and G.T. pursuant to Rule … sector."'" Ben Elazar, 230 N.J. at 134 (alterations in original) (quoting Beauchamp v. Amedio, 164 N.J. 111, 116 …
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… Submitted May 17, 2021 – Decided September 13, 2021 Before Judges Sabatino, Gooden Brown and DeAlmeida. On appeal … THE STATEMENT WAS NOT TRUSTWORTHY. POINT II THE TRIAL COURT COMMITTED PLAIN ERROR BY ALLOWING CONFUSING EXPERT TESTIMONY … and correction . . . .'" Id. at 250-51 (alteration in original) (quoting State v. Locurto, 157 N.J. 463, 471 …
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… (A-1243-18) January 27, 2021 – Decided October 8, 2021 Before Judges Whipple, Rose and Firko. NOT FOR PUBLICATION … behind a couch in the living room. Another blood stain encompassed two to three kitchen floor tiles. More blood … at 89. Unlike the court in Casimono, the judge 29 A-5915-17 originally and continually included input from counsel. The …
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… 5, 2020. The Family Part judge entered the first order, accompanied by a written statement of reasons, after a … existing ownership allocation would be reversed. Plaintiff originally owned thirty percent of the business, and 4 … against defendant's buyout obligation, and that the judge revisit the denial of alimony and the child support award. She …