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… he continued to earn less than the $400,000 average yearly compensation he alleged he earned at his prior job. … the summary judgment issue." Ibid.; see also In re Sch. Asbestos Litig., 977 F.2d 764, 787 (3d Cir. 1992) (stating … that public confidence will be restored by our leaving in place the jury's findings; vacating the trial judge's …
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… Argued April 1, 2019 – Decided August 7, 2019 Before Judges Messano, Fasciale and Rose. On appeal from the … area of Olympic Drive, near the Raritan Center industrial complex in Edison, found a child's TMNT sneaker; believing … AND IMPROPERLY INVOKING RULE 1:8-2(d)(1) TO REMOVE AND REPLACE A DEFENSE- LEANING JUROR WHO WAS ABLE TO CONTINUE …
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… Submitted January 17, 2018 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … Errors Warrants Reversal. POINT II – THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN ADVISING THE JURY TWICE THAT … arose from the Court's principal fear that jurors would "place undue emphasis" on video recordings because of "the …
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… Submitted February 12, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … TO DECLARE A MISTRIAL SUA SPONTE. POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO CHARGE THE JURY ON … to mis-try this case? Really?" Such considerations have no place in the determination of a mistrial motion, but we …
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… OFFICE, and LISA VERLARDI in her capacity as OPRA Liaison for the Passaic County Prosecutor's Office, … 27, 2016, plaintiff made a request under OPRA and the common-law right of access to defendant Passaic County … under OPRA are not lifted by such revelation. OPRA places on the custodian "a responsibility and an obligation …
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… Submitted April 9, 2018 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … for his convictions under the 2015 indictment, and recommend an aggregate sentence not to exceed seven years with … A-2432-16T2 which justified the interference in the first place"); Dunbar, 229 N.J. at 533-34 (citation omitted) …
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… Submitted September 19, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … for Simpson's female friend who lived there. Ruiz saw a man come to the window and say "don't come back here." The man … excused jurors." Id. at 348. "Nothing in Gilmore or Osorio placed the onus on the court to comb the record for …
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… Submitted May 15, 2018 – Decided Before Judges Yannotti, Carroll, and DeAlmeida. On appeal from … A-5389-15T2 After the shooting, defendant told Dorothea to "come on" and "get [him] the hell out of there." Dorothea and … v. Green, 399 U.S. 149, 158 (1970). The Sixth Amendment "'places no constraints at all on the use of [a witness's] …
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… DOCKET NOS. A-0754-15T1 A-0808-15T1 PENN NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. GROUP C COMMUNICATIONS, … Defendant-Appellant. __________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to the first party context. The insured's assets are not placed at risk for failure to settle within the policy …
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… MARILYN VELEZ, Plaintiff-Respondent, v. ROCKTENN COMPANY and RAYMOND PERRY, Defendants-Appellants. Argued … Docket No. L-1228-12. John E. MacDonald argued the cause for appellants (Constangy, Brooks, Smith & Prophete, LLP, … instructed plaintiff not to speak to other men in the workplace. She testified that plaintiff complained to her that …
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… Argued May 10, 2017 – Decided July 18, 2017 Before Judges Lihotz, Hoffman and Whipple. On appeal from … received over $1.4 million with approximately $655,000 coming from the District. One of the allegations leveled … for recovery of overcharges, the following exchange took place: Prosecutor: [A]nd now per the [District's] policy, if …
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… ADHD, and autism. 3 A-1838-15T3 Plaintiff filed a complaint for divorce in March 2001. The parties entered … patent attorney and earns substantial income at his present place of employment. From 2005 to 2010 he earned almost $5 … The record is devoid of any intent by the motion judge to revisit the $5000 counsel fee award. Furthermore, plaintiff …
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… Argued November 27, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia (Judge Accurso … acknowledged that by doing so he put the officers and the community at large at risk of harm. Elsewhere in the … Martinez "reasonably believed Bryheim Baskin's actions placed him in imminent danger of death or bodily injury." …
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… Submitted November 3, 2016 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from … activator (tPA), she would have realized a better outcome. The jury found defendant breached the applicable … contended that she did not have the condition in the first place. Id. at 207-12. Here, unlike in Anderson, neither …
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… Argued December 6, 2016 – Decided July 12, 2017 Before Judges Fisher, Ostrer and Vernoia. On appeal from the … one); first-degree aggravated sexual assault during the commission of a crime, N.J.S.A. 2C:14-2(a)(3) (count two); … B.M.,2 testified concerning a five-hour event that took place in her apartment from the late evening of June 19, …
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… Submitted January 24, 2022 – Decided April 7, 2022 Before Judges Sumners and Firko. On appeal from the Superior … A NEW TRIAL DUE TO THE FACT THAT ONE OF THE JURORS WAS COMPROMISED AND SHOULD HAVE BEEN RELEASED, AND THE ENTIRE … was filed by newly assigned counsel who temporarily replaced trial counsel. Almost three months later, a different …
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… Argued January 26, 2022 – Decided April 29, 2022 Before Judges Gilson, Gooden Brown, and Gummer. NOT FOR … favor of defendants. Plaintiffs argue that the trial court committed reversible error in the jury charge and verdict … follows: After obtaining informed consent the [patient] was placed on the fluoroscopy table in prone position. The lower …
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… Argued October 15, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Superior … internal medicine at Jersey City Medical Center, which he completed in June 1996. From July 1996 until August 1998, … that the October 24, 2016 consent order "remains in place and the division of properties set forth in that …
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… Argued February 23, 2021 – Decided March 23, 2021 Before Judges Fisher, Gilson, and Gummer. On appeal from the … a successful Seoul-based real estate and construction company in which decedent had been both majority shareholder … advised that the $1,200,000 contribution would be placed in escrow, with $275,000 earmarked to pay approved …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … principles. In these circumstances, we see no need to displace those principles. VI. Defendant raises several …