njcourts.gov
… or defendant) motions for summary judgment in these two companion cases (referred to herein as the “Caprioti action” … against 47 plaintiffs, contending that they filed their Complaint more than 10 years after the purchase of their … in a light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the …
njcourts.gov
… a spinal cord injury. The injury rendered plaintiff an incomplete paraplegic. Sahara Sam’s contracted with Aquatic … viewed in the light most favorable to plaintiff, provided sufficient support for a gross-negligence action. We agree … against Sahara Sam’s. To 16 buttress this contention, he points to (1) Sahara Sam’s failure to post the signs with …
njcourts.gov
… 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 … if the tortfeasor’s insurance policy would then become insufficient to make the insured injured party whole. An …
njcourts.gov
… but nonetheless proceeds to make optional advances to a commercial entity. On July 12, 1995, Jazz Photo Corp., one of several commercial entities (collectively referred to as the Jazz … actual notice, not record or constructive notice, would suffice. Ibid. The Ward rule has been continuously recognized …
njcourts.gov
… rose, retirees who retired after 1952 watched their fixed incomes drop in real terms. The Legislature responded in the … c. 113, § 5 (Chapter 113). Then, in 2011, as a part of comprehensive pension reform legislation, Chapter 78 … COLAs from those provisions, plaintiffs’ arguments are insufficient. The plain language of the non-forfeitable-right …
njcourts.gov
… 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 … the inquiry conducted before the trial court was minimally sufficient to support the trial court’s finding of …
njcourts.gov
… 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 … car crashed into the back of the truck. Plaintiff filed a complaint against Pabon and Suburban. She alleged that …
njcourts.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 …
njcourts.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, …
njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS … ever recognized a theory of “anticipatory discharge” as sufficient to satisfy a prima facie case of Workers’ … of the CBA. Defendants argue under CEPA’s election of remedies provision, plaintiff must plead two different adverse …
njcourts.gov
… from the May 9, 2014 summary judgment dismissal of their complaint alleging violations of the Conscientious Employees … to . . . Rodgers' policy, which gave busy work to be completed in the library without supervision, and simply … Plaintiffs' opposition asserted the evidence was sufficient to show they reasonably believed Rodgers violated …
njcourts.gov
… 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 … do not earn a judicial salary, but instead receive $300 per diem, not to exceed more than one- quarter of a judicial …
njcourts.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 … if mistaken, judgments by protecting all but the plainly incompetent or those who knowingly violate the law. In New …
njcourts.gov
… Education (Board), filed an action asserting statutory and common law employment discrimination claims against the … arguing that the State failed to present evidence sufficient to support the indictment and withheld exculpatory … information or a charge regarding a defense that it was compelled by law to present. Defendant’s indictment does not …
njcourts.gov
… by defendants1 to dismiss several portions of the amended complaints and second amended complaints of plaintiffs The … “borrowing” of Federal RICO structure, purpose and remedies justifies the appropriateness of “borrowing” the new … be applied to plaintiffs’ claims. More specifically, RBS points out that the various Prudential plaintiffs are …
njcourts.gov
… 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 … the trial court’s factual findings when supported by sufficient credible evidence, reversing only when demanded by …
njcourts.gov
… 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 … defendant’s intent, the statute does not give a defendant sufficient guidance or notice on how to conform to the law. …
njcourts.gov
… well as his employer’s policy with Harleysville Insurance Company. Plaintiff filed a UM claim, which proceeded to … which it found that the question of whether a case is of sufficient magnitude to justify a trial rests on the extent … paid the award in full. In March 2011, plaintiff commenced a second action against NJM, asserting claims for …
njcourts.gov
… a unanimous Court. In this appeal, the Court assesses the sufficiency of the factual basis of defendant’s guilty plea … 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 …
njcourts.gov
… 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. … an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without …