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- A-19-18 Opinionnjcourts.gov… set forth in N.J.S.A. 2C:25-28(j) and a 2002 case is incompatible with the Fourth Amendment and Article I, … Constitution. In June 2012, D.S. filed a domestic violence complaint against defendant James Hemenway and requested a … goal of protecting domestic violence victims must be accomplished while abiding by well-established constitutional …
- A-8/9-18 Opinionnjcourts.gov… an element of the offense” refers to but one element of a completed crime. In contrast, the term “conduct charged” suggests a completed crime -- all the elements necessary to constitute … of the legislative declarations codified as part of the Comprehensive Drug Reform Act of 1987, see N.J.S.A. …
- A-77-17 Opinionnjcourts.gov… into evidence and the prosecutor’s remarks were fair comment on the evidence. During deliberations, the jury sent … that alleged error, coupled with the prosecutor’s improper comments linking defendant to the vehicles shown in those … segment during his closing remarks, and the prosecutor’s comments were reasonable and fair inferences supported by …
- A-70-17 Opinionnjcourts.gov… of child pornography separate from those found on his computer. At Miller’s sentencing hearing, the trial judge … victim; aggravating factor three, the risk defendant will commit another offense; and aggravating factor nine, the … “were independent of one another, involv[ing] separate acts committed at different times.” The Appellate Division …
- A-68-17 Opinionnjcourts.gov… N.J.S.A. 40:55D-69; N.J.S.A. 40:55D-23(b). That ethical commandment is at the heart of this appeal, which involves … public officials provide disinterested service to their communities and to promote confidence in the integrity of … Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-69; and the common law, which is now codified in those conflict statutes …
- A-71-16 Opinionnjcourts.gov… A review board evaluated applications and made recommendations to the Freeholder Board, which approved final … Morris County resident and taxpayer, (plaintiffs), filed a complaint in Superior Court that named the Freeholder Board, … the state court.” After the remand, plaintiffs amended the complaint to include the twelve churches as defendants …
- A-20-16 Opinionnjcourts.gov… required him to execute an agreement entitled “Worker’s Comp Disclaimer” (Disclaimer) as a condition of his … or related to injuries which are covered under the Workers’ Compensation statutes.” Allied Barton assigned Vitale to … [disability],” allocated among lower back, shoulder, and neurological injuries, for 180 weeks at a rate of $252.90 per …
- A-85-15 Opinionnjcourts.gov… Realty Group Cedar v. Travelers Excess and Surplus Lines Company (A-85-15) (077617) Argued January 31, 2017 -- … LLC (collectively, Oxford) own and manage an apartment complex located on in Long Branch, New Jersey (the … contract with defendant Travelers Excess and Surplus Lines Company (Travelers) to insure the Property. The Property …
- A-28-15 Opinionnjcourts.gov… he underwent multiple, serious surgeries to address complications from this condition. McCarrell was prescribed … the landscape of choice-of-law jurisprudence and compelled the application of Alabama’s statute of … vacated the jury’s verdict and award, dismissed McCarrell’s complaint as untimely, and did not reach the remaining …
- A-6-15 Opinionnjcourts.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 … guaranty. The mortgage secured “all sums due or that may become due under this Mortgage, the Guaranty and other Loan …
- A-1-15 Opinionnjcourts.gov… surveillance duty for around seven months. Royster filed a complaint against the NJSP. Relevant to this appeal, Royster asserted that the NJSP failed to make reasonable accommodations for his disabling medical condition in … Americans with Disabilities Act (ADA). In addition, Royster complained of retaliatory conduct in violation of the LAD, …
- A-71/72-14 Opinionnjcourts.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 … in a statute cuts off the legislative prerogative to revisit its policy choices. Id. at 404-05. Writing for the …
- 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-33-14 Opinionnjcourts.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 … GEICO filed crossclaims against EZ Quick, and a third-party complaint against its insurer (One Beacon), seeking …
- 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 …
- A-116-13 Opinionnjcourts.gov… Court considers defendants’ contention that the trial court committed several errors that mandate reversal of the … to testify on her behalf, and defendants designated a neurologist to testify on their behalf. 7 1, had not yet … witnesses. They called two expert witnesses, their expert neurologist and their accident reconstruction expert, …
- A-104-13 Opinionnjcourts.gov… 2011, DeMarco and his wife filed a medical malpractice complaint in New Jersey alleging that Dr. Stoddard … the September 2010 surgery. Dr. Stoddard forwarded the complaint to the RIJUA, which responded with a reservation … 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 … if mistaken, judgments by protecting all but the plainly incompetent or those who knowingly violate the law. In New …
- 0000339-2011 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS May 8, 2017 Mr. H. Scott Gurvey Amy R. … court’s opinion with respect to plaintiffs’ motions: (1) to compel discovery; (2) to admit facts into evidence; (3) to … writ of mandamus; (5) for leave of court to file an amended complaint; and (6) to vacate the court’s December 14, 2011 …