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- A-3775-19 Opinionnjcourts.gov… its pleadings to assert a counterclaim and third-party complaint against plaintiff.1 Having considered the parties' … summary judgment because defendant failed to present competent evidence rebutting plaintiff's prima facie showing … amend its pleadings to add a counterclaim and third-party complaint. Defendant does not argue on appeal the court …
- A-41-20 Opinionnjcourts.gov… to establish the identification of the actor by means of comparison to the physical evidence.” (emphasis added). The … In 2002, the Lab entered the DNA profile into CODIS, the Combined DNA Index System, which is a national DNA database … 1. The statute of limitations in a criminal statute is a complete defense to the prosecution of the crime. It is …
- A-25-20 Opinionnjcourts.gov… pled guilty to second-degree aggravated assault based on accomplice liability. His prison intake form indicated that … the sentence “actually imposed” for certain crimes before becoming eligible for parole. N.J.S.A. 2C:43-7.2(b). Allowing … a clear mandate by the Legislature that those who commit the most violent of crimes must serve 85% of the …
- A-18-20 Opinionnjcourts.gov… appeal, the Court considers whether a records request for complaint- summonses from a municipal police department is … N.J.S.A. 47:1A-1 to -13. The key question is whether the complaint- summonses -- electronic records populated with … N. Jersey Newspapers v. Passaic Cnty. Bd. of Chosen Freeholders, 127 N.J. 9, 16 (1992)). To further enhance …
- A-9-20 Opinionnjcourts.gov… or prior juvenile adjudications. Pretrial Services recommended that both be released with monthly reporting. The … to appear and new criminal activity. Pretrial Services recommended that Lopez-Carrera be released on his own … that conclusion. The key word, “appearance,” commonly points to acts or ac tions people choose to take, not …
- A-82-19 Opinionnjcourts.gov… may not have been summarized. New Jersey Republican State Committee v. Philip D. Murphy (A-82-19) (084731) Argued … a whole, and the Framers’ intent, thus avoiding absurd outcomes that would, for example, allow the State to borrow … spending in future budgets.” (pp. 16-18) Plaintiffs filed a complaint on July 16, 2020, asserting that the Bond Act …
- M-1093-19 Opinionnjcourts.gov… to expedite its consideration of inmates for parole and the Commissioner of the Department of Corrections (DOC) to … furlough received a two-sentence form letter from the Commissioner that notified them of the outcome but did not set forth any reasons. Inmates denied …
- A-26/27-17 Opinionnjcourts.gov… N.J.S.A. 2A:58C-4. That presumption provides pharmaceutical companies greater protection in New Jersey than in many … summary judgment, determining that plaintiffs failed to overcome the presumption of adequacy that attached to the … New Jersey Association for Justice (Mazie Slater Katz & Freeman, attorneys; Adam M. Slater, of counsel and on the …
- A-13/14-17 Opinionnjcourts.gov… limit the right of recovery, against the tortfeasor, of uncompensated economic loss sustained by the injured party” -- … liability claim against a tortfeasor exclusively for uncompensated economic loss of medical benefits not covered … the Legislature passed the New Jersey Automobile Insurance Freedom of Choice and Cost Containment Act of 1984. …
- A-28-16 Opinionnjcourts.gov… house in the afternoon and told her that he had just come from town, where he had argued again with his brother … that the State’s improper use of the evidence in summation compounded the trial court’s failure to promptly instruct … an accelerant. He further determined that the fire had two points of origin: the second-floor doorway leading into the …
- A-27-16 Opinionnjcourts.gov… 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 … that the caseworker’s testimony on the matter was competent, material, and relevant evidence. The dissent …
- A-20-16 Opinionnjcourts.gov… required him to execute an agreement entitled “Worker’s Comp Disclaimer” (Disclaimer) as a condition of his … Comm’n, 127 N.J. 344, 353 (1992) (“[T]he basic tenet of freedom of competent parties to contract is a factor of … v. Bloomfield Motors, Inc., 32 N.J. 358, 386 (1960))). Freedom of contract is, however, “not such an immutable …
- A-68-13 Opinionnjcourts.gov… 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 … believe that a crime occurred and that the defendant committed it. A court should not disturb an indictment if …
- A-25-13 Opinionnjcourts.gov… to N.J.S.A. 2C:43-6.4, which applies to individuals who commit an enumerated offense while serving parole … offense, he was serving a special sentencing condition of community supervision for life (CSL) stemming from a 1998 … that the word-for-word substitution of “parole” for “community” suggested that the amendment was a matter of form …
- A-13/2014-13 Opinionnjcourts.gov… approved it. Plaintiff Daniel Tumpson and others formed a Committee of Petitioners to bring a referendum challenge to … (App. Div. 2013). The appellate panel determined that the Committee members did not suffer a deprivation of a right … developed by the United States Supreme Court in Blessing v. Freestone, 520 U.S. 329 (1997). A plaintiff must show that …
- A-73-12 Opinionnjcourts.gov… of similar symptoms among patients. Thereafter, plaintiff complained to the facility’s management about the rate of … activity that the employee reasonably believes to be “incompatible with a clear mandate of public policy concerning … supported his claim because it set forth patients’ right to freedom of choice and right to be protected from social …
- A-48-12 Opinionnjcourts.gov… 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 … favor of NJM on all counts, although discovery had not been completed. Plaintiff appealed, and the Appellate Division …
- A-41-14 Opinionnjcourts.gov… a spinal cord injury. The injury rendered plaintiff an incomplete paraplegic. Sahara Sam’s contracted with Aquatic … which was manufactured by Wave Loch, Inc. and ADG. To comply with the Safety Act, ADG submitted the ride’s … against Sahara Sam’s. To 16 buttress this contention, he points to (1) Sahara Sam’s failure to post the signs with …
- A-22-14 Opinionnjcourts.gov… found that the Recall Statute struck an appropriate compromise and maintained the balance among the three … age of 70 years” in the Judicial Article “connotes (1) the compulsory abdication of a judicial office; (2) the … N.J. Const. art. VI, § 6, ¶ 3. The word “retired” is not incompatible with recall service. In the context of Paragraph …
- A-15-14 Opinionnjcourts.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 … After briefly questioning M.C., the court found M.C. competent and permitted her to testify. M.C. testified that …