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… Argued February 28, 2022 – Decided March 15, 2022 Before Judges Fasciale and Vernoia. On appeal from the … was under twenty-six years of age at the time the crime was committed, N.J.S.A. 2C:44-1(b)(14). Unpersuaded by … a de facto arrest occurs, the particularized suspicion that originally supported the investigatory detention is no …
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… KOO KIM, individual, and STEPHANIE KIM, individual, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … plaintiff Port-Man-GB Associates, LLC, $180,230 and to complete the remediation of the shopping center property.1 … be kept, observed or performed by Tenant, and one executed original of such instrument, together with the address of …
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… Argued March 22, 2022 – Decided June 1, 2022 Before Judges Currier, DeAlmeida and Smith. On appeal from the … allow discovery regarding late-discovered evidence and to accommodate jurors' vacation plans, a careful review of the … in trial or because the trial was extending longer than originally planned. The judge informed the jury that the …
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… G.T. (a fictitious designation), Plaintiff-Respondent, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from orders denying their motions to dismiss the respective complaints of plaintiffs R.A. and G.T. pursuant to Rule … sector."'" Ben Elazar, 230 N.J. at 134 (alterations in original) (quoting Beauchamp v. Amedio, 164 N.J. 111, 116 …
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… Argued March 8, 2021 – Decided August 5, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … one and two); and two counts of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) (counts … arrival, the officers split up, with Archibald going to the original witness' room near the lounge on the first floor …
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… Submitted May 18, 2021 – Decided July 30, 2021 Before Judges Fisher and Gummer. 1 Plaintiff referred to this … as "Lowes Home Centers, LLC" in the caption of the complaint. We utilize "Lowe's Home Centers, LLC" in the … the employee's conduct – however aggressive and misguided – originated in [an] effort to fulfill an assigned task, the …
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… Submitted February 1, 2021 – Decided July 27, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … To Find Clear And Convincing Evidence Other Bad Acts Were Committed. B. The Trial Court Failed To Submit Required Jury … v. McNeil-Thomas, 238 N.J. 256, 275 (2019) (alteration in original) (first quoting State v. R.B., 183 N.J. 308, 330 …
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… Argued May 3, 2021 – Decided July 19, 2021 Before Judges Sabatino, Currier and DeAlmeida. On appeal from … that some records are missing and surmises that other communications must have been documented and were not … education program,' or IEP." Ibid. (alteration in original) (quoting 20 U.S.C. § 1401(9)(D)). "The IEP is the …
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… Argued February 10, 2021 – Decided July 16, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … Nurseries, LLC (Holmdel or the LLC), including workers' compensation coverage. Plaintiff alleged Purdy was negligent … 178, 197 (2008). [225 N.J. 373, 397 (2016) (alteration in original).] As with summary judgment motions, the court must …
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… Argued May 10, 2021 – Decided July 12, 2021 Before Judges Rothstadt and Mayer. On appeal from the Superior … 10:5-1 to -49, and it awarded plaintiff Rebecca McCarthy compensatory and punitive damages.1 The trial court also … 320 N.J. Super. 467, 478 (App. Div. 1999) (alteration in original) (quoting Fuentes v. Perksie, 32 F.3d 759, 765 (3d …
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… Submitted May 17, 2021 – Decided September 13, 2021 Before Judges Sabatino, Gooden Brown and DeAlmeida. On appeal … THE STATEMENT WAS NOT TRUSTWORTHY. POINT II THE TRIAL COURT COMMITTED PLAIN ERROR BY ALLOWING CONFUSING EXPERT TESTIMONY … and correction . . . .'" Id. at 250-51 (alteration in original) (quoting State v. Locurto, 157 N.J. 463, 471 …
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… (A-1243-18) January 27, 2021 – Decided October 8, 2021 Before Judges Whipple, Rose and Firko. NOT FOR PUBLICATION … behind a couch in the living room. Another blood stain encompassed two to three kitchen floor tiles. More blood … at 89. Unlike the court in Casimono, the judge 29 A-5915-17 originally and continually included input from counsel. The …
njcourts.gov
… Argued April 27, 2021 – Decided May 14, 2021 Before Judges Haas, Mawla and Natali. On appeal from the … Foregoing Errors Require Reversal. POINT IV THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION IN MULTIPLE WAYS, … criminal prosecution." Id. at 350 (second alteration in original) (quoting Davis, 547 U.S. at 822). The Court held …
njcourts.gov
… Argued April 27, 2021 – Decided May 14, 2021 Before Judges Fisher, Gilson and Gummer. On appeal from the … his discretion: (1) in including a $5,000 monthly savings component in his eleven-year obligation to pay Martha … savings. Alan, in fact, asks this court "to exercise its original jurisdiction and determine that no savings …
njcourts.gov
… WILL DAVIS, HECTOR ESPADA, AWILDA FERNANDEZ, SHANEIKA FORENBERRY, JERALD GOLSON, GIGI L. GOODWIN, STEVEN R. HAM, … and Smith. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2011-3536, 2011-2422, 2011-4168, … The City's counsel explained that she was not "the original attorney on the matter," but that she had reviewed …
njcourts.gov
… A-1005-17 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION (NO. 2014-0045.001) FOR THE INSTALLATION AND OPERATION OF THE SOUTHERN … statute or constitutional provision") (alteration in original) (quoting Christ Hosp. v. Dep't of Health & Senior …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … area of Olympic Drive, near the Raritan Center industrial complex in Edison, found a child's TMNT sneaker; believing … Musa, 222 N.J. at 568 (second and third alterations in original) (quoting Jenkins, 182 N.J. at 132).5 "Thus, a …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging at a Frye1 … from a contaminant DNA fragment that was not part of the original sample—or "drop-out"—the failure to detect an …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … AWARD FOR PROJECT A1150-08, N.J. EXECUTIVE STATE HOUSE COMPREHENSIVE RENOVATION AND RESTORATION … requires a level of specialized expertise, outside of the origins of the HVAC trade." To emphasize the complexity of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Moyse, Designated Counsel, on the brief). 1 The matter had originally been listed in January 2020 for disposition on … Paden-Battle of kidnapping Regina Baker, conspiracy to commit kidnapping, and felony murder. The jury acquitted …