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… errors. One relates to the issue resolved today in the companion appeal of State v. Carrion, ___ N.J. ___ (2021): … in a defendant’s decision not to testify can never be harmless. 1. The Court’s decision in Carrion controls in this … it is not imperative that a defendant testify as a prerequisite to making an in limine N.J.R.E. 609 ruling reviewable …
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… “limited to the issue of the State’s failure to comply with the requirements of” Delgado. 231 N.J. 110 … and because the record does not reveal whether the shortcomings were technical or substantive, the Court remands for … entitled to explore all relevant system and estimator variables at a pretrial hearing to try to challenge the …
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… negligence case, the Court considers whether the principles enunciated in Jerista apply equally to a condominium … Preferred Management, Inc., the Association’s management company; and Bergen Hydraulic Elevator, the … the trial court and appellate panel relied on those discredited legal pronouncements, not the principles discussed …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINION ____________________________________ … opinion decides defendant’s motion to dismiss plaintiff’s complaint. Defendant (“City”) urges a dismissal on grounds … Court Reports 2 summary judgment motion, which must nonetheless be denied because it did not contain a statement of …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS Ace American Insurance Company, … Thus, plaintiffs March 12, 2018 complaint, which was filed less than six years after the April 20, 2012 disposition, … involved an action on an insurance policy by a judgment creditor who stood in the shoes of the insured. The six-year …
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… HARRIET RUBENSTEIN, AMERIGROUP, INC., AMERIHEALTH INSURANCE COMPANY OF NEW JERSEY, AMERIHEALTH HMO, INC., UNITED … AETNA, INC., HORIZON BLUE CROSS BLUE SHIELD INSURANCE COMPANY, and NEW JERSEY HEALTH CARE QUALITY INSTITUTE, … The trial court's order violated civil discovery rules and case law by requiring the production of materials …
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… AFFAIRS, Plaintiffs-Respondents, v. SMITH & WESSON SALES CO., INC., a/k/a AMERICAN OUTDOOR BRANDS SALES CO., … a June 30, 2021 Chancery Division order directing it to comply with a subpoena issued by plaintiffs Gurbir S. … as our jurisprudence and this record leads us to the opposite conclusion. See Sun Chem., 243 N.J. at 329 (noting that …
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… response to an OPRA request.” One month later, Paff filed a complaint and order to show cause in the Superior Court, Law … against defining government record as documents or files stored or maintained electronically. “Information” is … not address the electronic medium and therefore are inapposite. The Appellate Division in this case made the same …
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… to a police officer’s search of a vehicle’s passenger compartment in the wake of a traffic stop. After observing a … articulable and reasonable suspicion that defendant had committed traffic offenses and that the search constituted a … and set forth the requirements for warrants. Warrantless searches are permissible only if justified by one of …
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… to suppress the evidence seized as a result of the warrantless search. The Appellate Division reversed, concluding … third parties who possess actual authority based on their common use of the space searched. See State v. Suazo, 133 … According to defendant, apparent authority is inapposite in this 12 situation because the doctrine centers on …
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… against an attorney alleging misconduct violating the Rules of Professional Conduct (RPCs) after the Secretary of a District Ethics Committee (DEC) has declined to docket the matter. The … setting the background of this matter, are derived from the complaint that the OAE filed with the District XIV Ethics …
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… not have been summarized. Moshe Rozenblit v. Marcia V. Lyles (A-41/42-19) (083434) Argued October 13, 2020 -- Decided … that authorized two teachers, or “releasees,” employed and compensated by the District to work full-time on the … relations, resolving disagreements, promoting effective communications between teachers and administration, …
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… by Petitioner Paula Melnyk of the determination by the Commissioner of Education, affirmed by the Appellate … may not acquire tenure in an extracurricular position unless additional certification is necessary to hold the … as “extracurricular” and then short-circuiting the requisite analysis based on that classification. This …
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… by plaintiff Marilyn Flanzman and her former employer compels arbitration of Flanzman’s discrimination claims … a designation. N.J.S.A. 2A:23B-11(a), -15. Under principles of New Jersey law that generally govern contracts, the … or individual or multiple arbitrators is a prerequisite to the court’s appointment of an arbitrator. Indeed, …
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… S.C., and her husband (“Martin”). The investigator also visited the children’s school. The children’s principal said … to the children’s school stating that the investigation was complete and that it had determined no need to provide … through investigation. That distinction substantially lessens any private interest impact that S.C. can claim, and …
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… for the Court. The Court considers whether the owner of a commercial property owes its tenant’s invitee a duty to … and retains in his own control any other part which the lessee is entitled to use as appurtenant to the part leased … of Ramslee Motors. The landlord had no knowledge of who visited the property and offered no services to them. Visitors …
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… was violently rear- ended and propelled onto the opposite side of the Turnpike and into oncoming traffic, where it was struck head on by an ambulance driven by Eliasar Morales. Both Timothy and B.O. died as a result of the accident. …
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… an employee, whose job duties entail knowing or securing compliance with a relevant standard of care and knowing when … priorities, Ethicon ultimately followed many of his recommendations. In April 2006, plaintiff advocated the recall … requirement for watchdog employees. Specifically, unless a watchdog employee refused to participate in the …
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… Township of Ocean (Township) is a largely rural-suburban community bordered by the Pinelands National Reserve and Barnegat Bay. In the late 1990’s, the Township began a comprehensive planning process in anticipation of population … The Township subsequently adopted the smart growth principles fostered by the State Development and Redevelopment Plan …
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… provide her with lifetime financial support. Maeker filed a complaint in the family court seeking enforcement of their … oral palimony agreement. Ross moved to dismiss Maeker’s complaint on the grounds that it failed to state a claim on … took effect. However, an indeterminate number of couples may have entered palimony agreements before that date. …