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- A-27-16 Opinionnjcourts.gov… as of right, the Court considers determinations that defendant A.B. abused or neglected A.F., her sixteen-year-old … concern but was “still not willing to allow the children to come back and reside with her.” A.B. asserted that she lived … son in a resource home. The Division then filed a verified complaint in the Family Part of the Superior Court, Chancery …
- A-20-16 Opinionnjcourts.gov… required him to execute an agreement entitled “Worker’s Comp Disclaimer” (Disclaimer) as a condition of his … services at a facility operated by its customer, defendant Schering-Plough Corporation (Schering-Plough). One of … the Workers’ Compensation Act because it preserves the remedies against the employer prescribed by that statute. Vitale …
- A-68-13 Opinionnjcourts.gov… of the Court. In this appeal, the Court considers defendant’s constitutional and public policy challenges to the … Education (Board), filed an action asserting statutory and common law employment discrimination claims against the … information or a charge regarding a defense that it was compelled by law to present. Defendant’s indictment does not …
- A-47/48-13 Opinionnjcourts.gov… applies to both the possession of the firearm and the defendant’s presence at an educational institution; (2) the … N.J.S.A. 2C:44-1(a)(5), three, the risk defendant will commit another offense, N.J.S.A. 2C:44- 1(a)(3), and nine, … 198 N.J. 619, 630 (2009) (quoting N.J. State Chamber of Commerce v. N.J. Election Law Enforcement Comm’n, 82 N.J. …
- A-32/33-13 Opinionnjcourts.gov… of any opinion may not have been summarized.) State v. David T. Pomianek, Jr. (A-32/33-13) (072293) Argued October … to convict a defendant even when bias did not motivate the commission of the offense. Defendant David Pomianek, Jr., co-defendant Michael Dorazo, Jr., and Steven Brodie, Jr., worked for the Parks and Recreation Division of …
- A-25-13 Opinionnjcourts.gov… Court assesses the sufficiency of the factual basis of defendant’s guilty plea and the legality of the extended-term … to N.J.S.A. 2C:43-6.4, which applies to individuals who commit an enumerated offense while serving parole … and does not increase the punishment, nor change the ingredients of the offence or the ultimate facts necessary to …
- A-13/2014-13 Opinionnjcourts.gov… portions of any opinion may not have been summarized.) Daniel Tumpson, et al. v. James Farina, et al. (A-13/14-13) … the city’s rent control code. The ordinance limits the remedies for tenants, living in rent-controlled units, who seek … approved it. Plaintiff Daniel Tumpson and others formed a Committee of Petitioners to bring a referendum challenge to …
- A-11-13 Opinionnjcourts.gov… the correct remedy when a municipal court convicts a defendant solely based on evidence adduced in a pre-trial … defendant was intoxicated. In response, defense counsel commenced his summation, arguing that the State’s evidence … Law Division cautioned against the continued use of this common practice, finding that the better practice is to …
- A-74-12 Opinionnjcourts.gov… A.B., then seventeen years old, was charged in a juvenile complaint with offenses that would constitute first-degree aggravated sexual assault and third-degree endangering the welfare of a child if committed by an adult. The named victim is A.B.’s …
- A-71-12 Opinionnjcourts.gov… of any opinion may not have been summarized.) State v. Yolanda Terry and Teron Savoy (A-71-12) (072775) Argued March 18, … wife, pursuant to a court-approved wiretap, are protected communications under the marital communications privilege. A … privilege. 2 Rule 509 of the Rules of Evidence embodies the State’s longstanding marital communications …
- A-48-12 Opinionnjcourts.gov… from recovering counsel fees and other consequential damages under a theory of bad faith. In August 2006, … well as his employer’s policy with Harleysville Insurance Company. Plaintiff filed a UM claim, which proceeded to … paid the award in full. In March 2011, plaintiff commenced a second action against NJM, asserting claims for …
- A-37-12 Opinionnjcourts.gov… on a city street. The victims told police that defendant Michael W. Lamb pulled up next to them in a car driven … as they ran into a nearby yard. Outside of a home in the community where defendant allegedly lived, Pennsville … in an effort to persuade either defendant or Marcus to come outside. Once Marcus left the home, he was placed in …
- A-41-14 Opinionnjcourts.gov… surfboard. When a rider is in a standing position, an attendant holds one end of a rope and offers the other end to the … a spinal cord injury. The injury rendered plaintiff an incomplete paraplegic. Sahara Sam’s contracted with Aquatic … against Sahara Sam’s. To 16 buttress this contention, he points to (1) Sahara Sam’s failure to post the signs with …
- A-34-14 Opinionnjcourts.gov… dressed and act as though nothing had happened. The victim complied, and the parties and defendant’s sister then … Sara and pulled her into a bathroom where she saw her bloodied face in the mirror and began to scream. Defendant … occurred during this period of time. In addition, defendant points out that he presented a witness, Jones, who testified …
- A-33-14 Opinionnjcourts.gov… Plaintiff filed a claim for PIP benefits with defendant GEICO Insurance Company (GEICO), and GEICO paid the policy limit for PIP coverage of $250,000. On June 19, 2011, plaintiff commenced suit against defendant Roselle EZ Quick LLC, which …
- A-22-14 Opinionnjcourts.gov… temporary recall service by retired judges violates the mandatory retirement rule set forth in the Judicial Article of … not decide the disqualification motion because the $300 per diem stipend paid to recall judges allegedly created a … found that the Recall Statute struck an appropriate compromise and maintained the balance among the three …
- A-15-14 Opinionnjcourts.gov… may not have been summarized). State of New Jersey v. David Bueso (A-15-14) (074261) Argued November 9, 2015 -- … the manner in which a trial court should assess the competency of a child witness to testify. In 2009, when M.C. … child. At trial, the State called M.C. to the stand for a competency examination. The State asked M.C. about whether …
- A-116-13 Opinionnjcourts.gov… a motor vehicle negligence case, the Court considers defendants’ contention that the trial court committed several errors that mandate reversal of the … not be removed by wiping with a cloth. At 4:30 a.m., Pabon commenced his route on the eastbound lanes of Route 46 in …
- A-104-13 Opinionnjcourts.gov… 2011, DeMarco and his wife filed a medical malpractice complaint in New Jersey alleging that Dr. Stoddard … Legislature has not constructed a matrix of alternate remedies for other types of liability insurance, including … for Justice (NJAJ). III. A. The RIJUA raises three points of error in the Appellate Division’s decision. First, …
- A-88-13 Opinionnjcourts.gov… opened the passenger-side door and smelled burnt marijuana coming from the vehicle. When Ruocco asked plaintiff if he … the weapons charge was dropped. Plaintiff filed a complaint against Ruocco, Torres, and Cooper (collectively “defendants”) alleging violations of 42 U.S.C.A. § 1983 (Section …