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- njcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS MEL REALTY, LLC; RAFAEL LEVIN; 505 8TH … & Smith, LLP). FACTUAL BACKGROUND THIS MATTER arises from a commercial real estate transaction commenced by Dr. Rafael Levin (“Levin”) by and through his …
- njcourts.gov… present matter is before the Court on Plaintiffs’ Motion to Compel Production of Documents and More Specific Answers to … II. Procedural and Discovery History Plaintiffs filed their complaint on or about January 30, 2017. On or about July 5, … a preliminary expert witness report from Peter Leibundgut, Esq., and on August 14, 2018, plaintiff re-filed their …
- Janell Brugaletta v. Calixto Garcia, D.O. (079056) (Passaic County and Statewide) - Published Opinionsnjcourts.gov… medical record turned over in discovery. Plaintiff filed a complaint alleging deviations from standards of medical care … legislation and hospital policy. Plaintiff made a motion to compel discovery of the identities of the CMH committee or … with more information than the PSA requires. The NJHA points to PSA language that a hospital need advise a patient …
- njcourts.gov… procedures would have been pursued in order to complete the investigation of the case; (2) under all of the … for administrative enforcement and administrative remedies for improper disclosure of student records. See 20 … its governing regulations merely provide administrative remedies for a violation and do not provide for a private right …
- njcourts.gov… between fantasy and reality, and who was declared incompetent as a witness by the court, was permitted to testify pursuant to the incompetency proviso of N.J.R.E. 803(c)(27). The Court … as the family court’s adjudication of Alex as delinquent of committing sexual assault. Fourteen-year-old Alex was …
- njcourts.gov… Oak Tree Cash & Carry, LLC (C&C), and their third-party complaints against the third- 3 A-5463-14T3 party defendants … transformed by attornment into that of landlord-tenant[.]" Guttenberg Sav. & Loan Ass'n v. Rivera, 85 N.J. 617, 630 … reasons set forth in Judge LeBlon's opinions. Chirag now points out he was not a named "party" in C&C's complaint …
- njcourts.gov… lot, Zundel ordered them to stop. The minivan driver complied, but the Mercedes driver did not. Zundel was unable … acceptance of hearsay testimony as proof that defendant committed a new offense in violation of probation.” 228 N.J. … Bailey v. State, 612 A.2d 288, 292-93 (Md. 1992); State v. Guthrie, 257 P.3d 904, 914-15 (N.M. 2011). The reliability …
- njcourts.gov… how the victim was afraid of defendant, who had made sexual comments to her and tried to get in her house. The neighbor … protect possible evidence connected with the foul deeds." Commonwealth v. Cross, 496 A.2d 1144, 1150 (Pa. 1985). … arrest and from the police interrogation about whether he committed the crimes against the victim, giving him a strong …
- State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden County and Statewide) - Published Opinionsnjcourts.gov… police officer. Defendant was charged in a warrant complaint with possession of marijuana with intent to … charging defendant with the offenses in the warrant complaint. Defendant then appeared pro se in municipal court … test in this case; going forward, for offenses committed after the issuance of this opinion, the …
- njcourts.gov… McCarrell at a 2010 retrial. Defendants raise several points for reversal, principally arguing that the claims of … to the litigation. Because plaintiff did not file his complaint in the Law Division until after the two-year … Alabama law concerns principles of equitable tolling embodied in the "discovery rule." In New Jersey, the limitations …
- njcourts.gov… appeal, the Court determines whether the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. … land grant and building permit for the seawall, and completed the project during the early 1970s. During the … or its government of any of its prerogatives, rights or remedies, unless the intention of the legislature to effect such …
- Amanda Kernahan v. Home Warranty Administrator of Florida; Choice Home Warranty - Unpublished Opinionsnjcourts.gov… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS : SUPERIOR COURT OF NEW JERSEY AMANDA … that he was under Defendants’ control. Finally, Plaintiff points out that if the Court were to consider this “new” … Div. 1988). Because the CFA provides for the enhanced remedies of treble damages and attorneys’ fees, “[t]he …
- njcourts.gov… discrimination in jury selection. In July 2005, defendant committed a series of shootings, killing one man and … the jury convicted defendant of two counts of conspiracy to commit murder, and one count each of attempted murder, … pattern of the use of peremptory challenges, and the composition of the jury ultimately selected to try the case. …
- State v. Darien Weston - Published Opinionsnjcourts.gov… An appellate panel reversed, holding that both trial courts committed plain error when they permitted the juries … error for the testimony to be replayed in open court, but recommended that trial judges confronted with similar requests … was also charged to ensure that any video playback was accompanied by a readback of direct and cross-examination of …
- State v. Timothy Adkins - Published Opinionsnjcourts.gov… test results when the police merely followed an asserted, commonly held understanding of Schmerber’s requirements in … blood test of a drunk driving suspect. Defendant points out (1) that the Supreme Court’s remand signaled its … 2434, 180 L. Ed. 2d at 302. The State submits that the outcome produced by Davis on prior prosecutions is consistent …
- State v. Julie Kuropchak - Published Opinionsnjcourts.gov… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … (pp. 17-18) 3. Here, the last semi-annual calibration was completed on January 12, 2010, with simulator solution … her and brought her to police headquarters. At several points defendant asked why she was being treated like a …
- njcourts.gov… THE DIRECTOR OF THE NEW JERSEY DIVISION ON CIVIL RIGHTS, Complainants-Respondents, v. DANE CONSTRUCTION CO., and PAT … not filed a brief. PER CURIAM Defendants, Dane Construction Company (Dane) and its principal Pat Buckley, appeal from … of the Division on Civil Rights (Division) on behalf of complainant Shi-Juan Lin. The Director ruled that defendants …
- njcourts.gov… Med South is a private cooperative apartment building, commonly referred to as a “co-op.” In a co-op arrangement, … instead sought permission to speak directly to the audience he needed to reach: the voting members of the … at her residence often intends to reach neighbors, an audience that could not be reached nearly as well by other …
- State v. Fausto Camacho - Published Opinionsnjcourts.gov… On direct appeal, defendant argued that the trial court committed reversible error by failing to provide the jury … “the privilege itself ‘is firmly established as part of the common law of New Jersey and has been incorporated into our … the Carter instruction in its jury charge. Defendant points to Haley, supra, and maintains that the Carter …
- njcourts.gov… In the Matter of Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (A-22-13) (072810) Argued … the clinic’s screening measures and conflicts checks. VLJ points to other ethics opinions in New York City and Boston … other arguments that echo VLJ’s position. Among other points, the NJSBA stresses that the ACPE’s opinion will have …