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… Argued March 25, 2025 – Decided May 1, 2025 Before Judges Sumners and Bergman. On appeal from the Superior … incidents of being sexually assaulted by defendant. After completing the interviews with the children, B.H. agreed to … scheduled oral argument and set a briefing schedule, it ultimately determined defendant failed to file a motion to …
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… constitutionally ineffective because he failed to properly communicate the plea offers during his trial. Based on our … understood it. [It] didn't say whether it was discussed." Ultimately, the PCR court determined defendant's trial … of the plea offer. The State contends defendant has always maintained his innocence; whereas, defendant claims …
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… of a March 9, 2020 order and dismissing their complaint against defendant CFG Health Systems, Inc. The … foreign material resulted in a perforated gastric ulcer and ultimately sepsis. Plaintiffs filed their complaint on July … with the law. Given the liberty our trial courts have to revisit an interlocutory order in the interest of justice, we …
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… of her autoimmune sequela, Thomas requested a work accommodation for "an area without direct exposure to air … her OSHA complaint was irrelevant; and the DOC's ultimate decision to move her to the Unit was significant. … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
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… Submitted December 12, 2023 – Decided December 20, 2023 Before Judges Haas and Natali. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … for a CT-guided selective nerve root block at T7-T8. Smith ultimately underwent five procedures on his back between May …
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… would again count the keys after the drivers returned. Ultimately, the fleet coordinator was responsible for … individuals and corporations. Plaintiffs amended their complaint to add Cornucopia as a defendant, clarifying its … all the evidence was breached, to protect users of the highways from the action of a thief who uses the keys left in …
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… Submitted September 20, 2023 – Decided December 8, 2023 Before Judges Vernoia and Gummer. On appeal from the Board of … but incorrect about the date. Petitioner's retirement had become due and payable on October 31, 2019. In a December 1, … that the decision about which retirement type to request ultimately was "up to [her]." Instead of making those …
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… his motion for return of his property—an Apple laptop computer seized from his residence. He 1 We follow the … the items will be found in the place to be searched." 2 Wayne R. LaFave, Search and Seizure: A Treatise on the … probable cause to search M.G.'s residence, which ultimately led to the seizure of his laptop. The search …
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… Argued May 8, 2023 – Decided October 31, 2023 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … disease. He advised her that the father of the baby could come to the office and have his blood drawn for the test[;] … Gwinnell, 96 N.J. 538, 544 (1984). Whether a duty exists is ultimately a question of public policy and fairness. Reed v. …
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… City of Perth Amboy and dismissing with prejudice Baratta's complaint alleging that the city retaliated against him for … designation. Baratta acknowledges that all of the summonses ultimately were dismissed by the municipal court without the … veterans . . . to be able to show that they're being targeted. There is nothing, quite frankly . . . . 8 A-3560-21 . …
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… Submitted September 24, 2024 – Decided October 9, 2024 Before Judges Firko and Augostini. On appeal from the Superior … $215.00 per month. On October 30, 2019, plaintiff filed a complaint in the Special Civil Part against defendant for … of execution. However, the judgment remained unsatisfied. Ultimately, on March 2, 2023, defendant's condominium unit …
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… Submitted September 17, 2024 – Decided October 21, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … 16-04-1216. Jennifer N. Sellitti, Public Defender, attorney for appellant (John J. Bannan, Designated Counsel, on the … because the judge who had overseen the trial had retired. Ultimately, the second judge found that there was sufficient …
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… Argued October 23, 2024 – Decided November 19, 2024 Before Judges Rose and Puglisi. On appeal from the Superior … his parents in the April 2017 sale of their home. The complaint also asserted a legal malpractice claim against … to a non-client is "necessarily fact-dependent"). The ultimate question is one of fairness. Innes v. …
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… two men in dark clothing running, later walking, south and away from the street where the shots were fired. Their faces … identification, K.B. was charged in a juvenile delinquency complaint alleging conduct, which if committed by an adult … His statement was prejudicial because he opined on the ultimate issue of the case: whether defendant was the …
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… the revenue it was 5 A-5548-16T2 receiving from T-Mobile. Ultimately, Atlanta Trading informed Crosslink that it did … litigation has not terminated, an interlocutory order is always subject to revision where the judge believes it would … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted November 7, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … and the humiliation he had caused to himself and others. Ultimately, the judge concluded the mitigating factors …
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… on November 13, 2007. Based upon defendant's lack of income, the Agreement provided that plaintiff would pay … and K.R. celebrating holidays and taking vacations together "fail[ed] to show that the couple ha[d] undertaken … attempted to resolve the issues before filing a motion, but ultimately concluded that because plaintiff failed to …
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… but claimed she was threatened her children may be taken away if she refused to testify. When the prosecutor asked her … her mentation was normal, lucid, and she was able to follow commands. . . . The nurse's report had similar notes … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… and Mitterhoff. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1498. Kamensky Cohen & … his drug testing, referral for treatment, and his ultimate termination. They also testified about the drug … Ibid. (second alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 580 (1980)). The burden of …
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… Submitted September 22, 2020 – Decided Before Judges Fisher and Gummer. On appeal from the Superior … prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … and "attacked by a stranger in his house." Defendant ultimately was charged with first-degree robbery, second- …