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… Claim and Judgment Fund (UCJF), N.J.S.A. 39:6-86.1, to compensate a claimant for future medical expenses. We note that question was raised in … with plaintiff's contentions and conclude there is no support for plaintiff's claim that her future medical costs …
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… contends that the jury's award of $27,500 was inadequate to compensate her for her injuries and resulting pain and … scheduled." Thereafter, the trial was adjourned three times, once by plaintiff, once by defendant, and once due to … a motion to reopen and extend the discovery end date. In support of the motion, plaintiff's attorney certified that …
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… evidence. The facts the State established are comprehensively detailed in our decision on defendant's … FAILING TO OBJECT TO INFLAMMATORY AND/OR UNCHARGED OTHER CRIMES EVIDENCE TESTIMONY OF ANGELIMAR VARGAS CONCERNING, HER … OF AGGRAVATED MANSLAUGHTER WITHOUT A RATIONAL BASIS TO SUPPORT SAID CHARGE, THEREBY DEPRIVING THE PETITIONER OF HIS …
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… 2 A-4341-16T4 PER CURIAM Convicted by a jury of seven crimes and four disorderly persons offenses she committed during the home invasion and robbery of an elderly … duress. Nothing in the evidence or in defendant's testimony supported a finding that defendant at times acted under …
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… Submit December 18, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior Court of New … a closet safe. Defendant was charged in an indictment with committing the following offenses "[o]n or about" December … interrogation is narrow. Where factual findings are "supported by sufficient credible evidence in the record," …
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… later, Silva's body was found by an employee of a paper company who was sorting trash from recyclable papers at a … UTILIZE RETAINED PATHOLOGIST DR. RICHARD CALLERY TO REFUTE THE STATE'S T.O.D. IN VIOLATION OF THE SIXTH AMENDMENT … (quoting State v. Chew, 179 N.J. 186, 217 (2004)). To support a claim of ineffective assistance of counsel based …
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… or confinement element of kidnapping. Id. at 13. We commented that whether the trial and appellate counsel were … State v. Rhett, 127 N.J. 3, 7 (1992))). The evidence in support of the substantial distance and substantial … Cir. 1993). "[C]ounsel is normally not expected to foresee future new developments in the law . . . ." Nelson v. …
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… DIVISION OF LOCAL GOVERNMENT SERVICES IN THE DEPARTMENT OF COMMUNITY AFFAIRS, MELANIE WALTER, Director of the Division … leave lump sum payouts. Plaintiffs present no cases to support their argument that the Takings Clause of the New … to these legislative findings to permit this court or any future court to use the common law to override a decision …
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… POINT I: THE COURT ERRED BY PERMITTING THE EXTENSIVE FRESH COMPLAINT TESTIMONY FROM THREE WITNESSES. A. FRESH COMPLAINT … that incidents began when she was twelve years old. She visited defendant's house and sometimes slept over with her … statements to someone she would ordinarily turn to for support must have been made within a reasonable time after …
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… Defendant also called his pastor. Defendant's sisters accompanied their mother to defendant's home. The mother … and borderline traits." He "f[ound no] evidence that would support the defense of diminished capacity." By all … a letter, pursuant to Rule 2:6-11(d), arguing the case refutes the State's harmless error argument as to all three …
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… which continued on a near daily basis until, following a recommendation from her physician, she was placed on … gender or perceived disability discrimination. Even after complaints to school officials, the harassment allegedly … fee but did not apply for, or submit materials in support of, an enhanced fee under Rule 1:21-7(f). Plaintiff …
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… (internal quotation marks and citation omitted). We draw support for our conclusion from our Supreme Court's … arrest by a police officer as the initial process, or on a complaint by a police officer, local law enforcement … where bad faith was not shown. 6 Bad faith is not a prerequisite for an adverse inference charge in the civil context, …
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… Frank Lukacs and his late wife, Marta Lukacs1 filed a complaint for damages arising from what they alleged was the … In our review, we "accept[] as true all the evidence which supports the position of the party defending against the … (last visited Dec. 15, 2020). 13 A-4196-18T1 with symptoms as Marta …
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… NOAM EISENBERG, HIGH POINT PROPERTY AND CASUALTY INSURANCE COMPANY, and PLYMOUTH ROCK ASSURANCE, Defendants, and AVI … breach of the lease by failing to maintain the requisite general liability policy. The court then determined the … point to any statute, court rule, or contractual provision supporting the award of those fees, see Litton Indus., Inc. …
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… trial court improperly granted class certification because common issues of fact did not predominate over the specific … successful completion of a "nationally or regionally accredited educational program for surgical technologists," … unmistakably makes a claim of ascertainable loss a prerequisite for a private cause of action . . . ."). The CFA …
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… LLC, attorneys; David Morgan Blackwell, of counsel; Jared James Limbach, on the brief). Daniel Albert Malet argued the … granted from an August 16, 2019 Law Division order that compelled it to produce "all documents and communications" … Plaintiff describes defendants' arguments as "sophistry" unsupported by any expert testimony. We disagree that an …
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… her from handling her financial affairs and being able to competently testify in judicial proceedings. In December … A-2520-17T4 Defendant subsequently called Prudential six times during the first twelve days of April 2013, … of material fact under the statute. This conclusion is supported by Goodwin. There, the Court found that N.J.S.A. …
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… (2) (count one); one count of first-degree felony murder – commission of crime, N.J.S.A. 2C:11-3(a)(3) (count two); two … okay, but you have appeared in front of me countless times. You have 4 Defendant does not argue appellate counsel … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… the morning of the shooting. Anderson had been shot four times, twice in the stomach, twice in the left arm. One bullet … truthfully at defendant's trial in exchange for the State recommending a probationary sentence. In a statement recorded … 451 (1972)). Here, the trial court's findings are amply supported by the record. In view of Anderson's testimony …
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… defendant's explanation of excusable neglect was "wholly unsupported by evidence, vague, and barely even the 'plausible … was indeed the person who struck the victims." That fact combined with "the copious amounts of evidence in the … 28, 2018 written opinions. We add the following additional comments. II. To prove ineffective assistance of plea …