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… Yew appeals from an order dismissing with prejudice his complaint that Inservco Insurance Services, Inc., the … have been dismissed because he alleged sufficient facts to support his claims; the court erred by dismissing his … prejudice is appropriate if any effort to amend would be futile, Johnson v. Glassman, 401 N.J. Super. 222. 246-47 …
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… extended to defendant a plea offer in which it would recommend to the court a sentence of twenty-five years, … reasoning with a few short comments. A person accused of crimes is guaranteed under the Sixth Amendment the effective … would not disprove the State’s theory of defendant's guilt, supported by Curwen’s eyewitness testimony that defendant …
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… Eunice Samuel, and Ada Medina dismissal of plaintiff's complaint for failure to state a claim, and a September 17, … for reconsideration. We affirm. The genesis of plaintiff's complaint were his arrests in 2004 and 2005 by Trenton City … if 'the factual allegations are palpably insufficient to support a claim 6 A-0258-18T2 upon which relief can be …
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… The deputy found Taylor's employer informed him of the company policy and that his actions constituted "a willful … handbook stating that threatening another employee violated company policy." The Tribunal concluded that Taylor's … 295, 296-97 (1989). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are …
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… door. Defendant then woke up. Defendant stated "that he had come from a friend's house, but he did not know where he … 366, 378 (1995). This appeal turns on whether the record supported the Law Division's determination that defendant … evidence – as long as it is competent and meets the requisite standards of proof." State v. George, 257 N.J. Super. …
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… Somerset County, Docket No. 12- 000298. Raymond A. Grimes argued the cause for appellant Rita Loughlin. Frederick … first point, as we do not find that the email exchange supports the judge's finding that Loughlin's agent gave … to particular deference. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Our earlier …
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… husband, defendant M.G.T., Jr., under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. We … for the reasons set forth in Judge Stacey D. Adams' comprehensive oral opinion. On January 21, 2020, plaintiff … Part judge's findings, which "are binding on appeal when supported by adequate, substantial, credible evidence." Id. …
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… of emotional distress (IIED) count of his third amended complaint against defendant Jennifer Levey; and (2) motions … and seventh amended complaints, the judge considered the "futility of the amendment[s]" under Rule 4:9-1. Regarding … DECISION.["] (INGRAHAM) (SEE PLAINTIFF'S CERTIFICATION IN SUPPORT OF HIS MOTION FOR LEAVE TO FILE A SECOND [AMENDED] …
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… a final restraining order (FRO) under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. … each other since 2013. The parties have one minor child in common, who was born in May 2019. In July 2018, the parties … that she sought an FRO out of her fear of the defendant. In support, the court cited communications from plaintiff to …
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… A-4913-18 IN THE MATTER OF THE ESTATE OF CONCHETTA M. GRIMES, deceased. ___________________________ Submitted … and a May 31, 2019 1 The judge's statement of reasons accompanying the December 3, 2018 order refers to the date of … the ongoing litigation and entered the orders on appeal. In support of his motion to vacate, Carmine Jr. argued that …
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… Fuentes, Haas, and Enright. On appeal from the New Jersey Commissioner of Education. Fogarty & Hara, attorneys for … Gurbir S. Grewal, Attorney General, attorney for respondent Commissioner of Education (Melissa Dutton Schaffer, … to the Commissioner, the availability of these funds supported his determination that emergency aid was …
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… for illicit drugs at the time of Serena's birth and was combative with hospital staff; she was psychiatrically … BEEN PROPERLY ADMITTED, THE EVIDENCE WAS INSUFFICIENT TO SUPPORT THE LEGAL CONCLUSION THAT SERENA WAS AN ABUSED AND … directly with defendant to ensure her attendance at future proceedings. As noted earlier, defendant appeared in …
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… December 4, 2020 order denying his motion to reinstate his complaint pursuant to N.J.S.A. 2A:53A-40(c) for when a … and central to this appeal. Plaintiff's June 27, 2019 complaint alleged a date of injury on July 5, 2018. … as the court outlined there was nothing in the record to support that assertion. Under these facts and circumstances, …
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… Transit Rail Operations, Inc. and dismissing plaintiff's complaint for damages under the Federal Employers' Liability … either direct or circumstantial, that justifies or supports an inference of employer negligence. Stevens v. … However, reasonable foreseeability is a prerequisite to any claim. Hines v. Consol. Rail Corp., 926 F.2d …
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… defendant's convictions for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1; … two counts of second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a); … were nothing more than bald assertions lacking factual support, and thereby failing to establish a prima facie case …
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… February 10, 2020 – Decided May 11, 2020 Before Judges Messano and Susswein. On appeal from the Superior Court of … from the grant of summary judgment dismissing her civil complaint for negligence against Atlantic County. She also … to establish the TCA notice element is sufficient to support the grant of summary judgment and dismissal of the …
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… No. 91-05-0273. Bobby L. Brown, appellant pro se. James L. Pfeiffer, Acting Warren County Prosecutor, attorney … third PCR petition was time-barred because it did not comply with Rule 3:22-12(a)(4). Again, we affirmed. State v. … of their case. Lafler, 566 U.S. at 161. The record does not support defendant's arguments. As the PCR court noted, …
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… book bag, plaintiff was charged in a juvenile delinquency complaint with possession of drug paraphernalia, in … the traffic stop and subsequent charge.1 After plaintiff complied with a court order requiring him to submit to a … the trial court erred in relying on N.J.S.A. 2A:4A-60(e) as support for the disclosure by police to the school of his …
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… On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2019-44. Catherine Mary Elston argued … and on the briefs; Cathlene Y. Banker, on the briefs). James P. Lindon argued the cause for respondent Rutgers, The … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." …
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… health issues "could amount to excusable neglect to overcome the time bar." Following argument on November 30, 2017, Judge Regina Caulfield2 issued a comprehensive oral decision, spanning twenty-eight … Brewster, 429 N.J. Super. 387, 399-400 (App. Div. 2013), to support her conclusion that defendant failed to establish …