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njcourts.gov
… report also indicated that "[t]he findings are worse when compared to prior [MRI]." A June 9, 2008 MRI showed … condition was longstanding and severe. . . . The mere fact that [Crowder] was unable to return to work after the . … application filed after the five-year period if it can be factually demonstrated to the satisfaction of the [Board] …
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njcourts.gov
… trial court for further proceedings. I. Plaintiff filed a complaint against his employer, defendant Pyramid Express, … Faiad personally liable. II. Our review of a trial court's fact-finding in a non-jury case is limited. Seidman v. … Inc., 13 F.3d 69, 73 (3rd Cir. 1993). All of these factors need not be present to demonstrate continuation of …
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njcourts.gov
… seeking to dismiss Plaintiff Nafisa Elsed's ("Plaintiff") complaint for failure to state a claim upon which relief can … of the parties, declares that Defendant's motion is DENIED. FACTUAL BACKGROUND Plaintiff was employed by Defendant as a … pleading [is] whether a cause of action is suggested by the facts." Printing Mart, 116 N.J. at 746. However, "a court …
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njcourts.gov
… v. Christopher Dekowski (A-35-12) (071019) [Note: This is a companion case to State v. Kelvin Williams, also filed … to determine the reasonableness of the victim’s belief, factfinders must look to the totality of the circumstances, … his overall conduct, his dress, and any other relevant factors. (pp. 11-13) 2. One relevant factor to consider in …
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njcourts.gov
… failed to provide evidence that may have changed the outcome. In the alternative, Costello argues the award violates … necessary to perform his duties as a school nurse in a satisfactory manner. Regarding the November 5, 2014 incident … report. He stated: Given Costello's long record of satisfactory service with the district, his removal cannot be …
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njcourts.gov
… the following exchange occurred: WIDMAN: Where you guys comin' [sic] from man? DEFENDANT: What? Huh? WIDMAN: Where … Brown, a young black male wearing a Philadelphia Eagles hoodie, matched the description that came over the radio. … to suppress evidence in a criminal case must uphold the factual findings underlying the trial court's decision, …
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njcourts.gov
… 28, 2018 SOLOMON, J., writing for the Court. This case comes to the Court on interlocutory appeal from the trial … The trial court denied the State’s motion. Applying the factors established in State v. Cofield, 127 N.J. 328, 338 … Jamerson, 153 N.J. 318, 335 (1998)). Applying the Cofield factors, the panel concluded that the trial judge did not …
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njcourts.gov
… INSTRUCTIONS DID NOT REQUIRE THE JURY TO FIND THAT HE COMMITTED THE REQUISITE ACT AND ERRONEOUSLY DEFINED THE … and remand for a new trial. 4 A-2415-22 I. We glean these facts from the trial record. At trial, S.G. testified to … However, "the potential for prejudice inherent in the mere fact of joinder does not of itself encompass a sufficient …
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njcourts.gov
… of counsel and on the briefs). PER CURIAM In these companion cases, calendared back-to-back and consolidated … relating to stray cats. We reverse. I. The following facts were found by the municipal court after trial. A. … The Law Division judge must make independent findings of fact and conclusions of law but defers to the municipal …
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njcourts.gov
… statements were admitted, and the prosecutor made improper comments during his closing argument. Defendant argues he … if the film is otherwise authenticated. Under the facts and circumstances proffered here, I am satisfied that … purposes of the evidence, with sufficient reference to the factual context of the case to enable the jury to comprehend …
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njcourts.gov
… DID NOT INSTRUCT THE JURY ABOUT THE NARROW PURPOSE OF FRESH COMPLAINT EVIDENCE AND THE FRESH COMPLAINT TESTIMONY WAS … in Finding and Weighing the Aggravating and Mitigating Factors. B. The Court Should Have Merged Count One with … of their contents, but only to show that they were in fact made and that the listener took certain action as a …
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njcourts.gov
… OBTAINED. A. The search and seizure of Days-Chapman’s complete electronic data is unconstitutional as it … here, the warrant application in Missak was “missing” any facts establishing probable cause to search data for … intrusion into Days-Chapman’s rights must be remedied. All contents derived from the State’s unconstitutional …
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njcourts.gov
… N.J.S.A. 2C:28-6(1) (count sixteen). We glean the pertinent facts from our unpublished opinion, State v. Ibrahim, No. … him and the family. Defendant also told Thomas he put the bodies in his friend's car, drove to the house, dismembered … the PCR court denied all of defendant's claims, issuing comprehensive statements of reasons supporting each order. …
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njcourts.gov
… of Environmental Protection (DEP) that Solvay is subject to compulsory and discretionary direct oversight of its … affirm. I. Since 1990, Solvay has owned and operated a manufacturing plant along the Delaware River (the Site). The Site has been used to manufacture polyvinylidene fluoride (PVDF), a type of …
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njcourts.gov
… without prejudice his motion to file a second amended complaint alleging defendant New Jersey Department of … The court first determined plaintiff failed to plead facts to show he "reasonably believed . . . his employer's … to state a claim under CEPA, a plaintiff must plead facts to show: 12 A-2851-20 (1) [they] reasonably believed …
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njcourts.gov
… to suppress cell phone evidence. We affirm. We recite the facts from the evidentiary hearing on defendant's motion. On … his cell phone. Rua then dated and signed the form. After completing the consent form, Rua asked defendant if his cell … ATM thefts, so there is no evidence of coercion despite the fact that defendant was under arrest at the time of consent. …
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njcourts.gov
… to English, Google Translate, https://translate.google.com/?sl=es&tl=en&text=t%C3%ADo&op=translate. 3 A-0819-19 … or manner of questioning." Addressing other relevant factors, the judge noted defendant was fifty- eight years … that they failed to tell the first time. Citing several studies of child sexual abuse victims over decades, Dr. D'Urso …
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njcourts.gov
… 34:15-36’s “authorized vehicle rule” and is therefore compensable under the Workers’ Compensation Act (the Act). … 161). But this appeal requires us to determine whether the facts bring Keim’s accident within the scope of the … of “the legal consequences that flow from established facts are not entitled to any special deference.” Utley v. …
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njcourts.gov
… suggestive touching of [an] employee,” the Advisory Committee on Judicial Conduct (ACJC) found that Respondent … the judiciary is worthy of its trust. Various aggravating factors are relevant to the inquiry. They include whether … whether the victim was in a vulnerable position. Mitigating factors include whether a matter represents the first …
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njcourts.gov
… JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOLID WASTE COMPLIANCE AND ENFORCEMENT, Petitioner-Respondent, v. … we affirm. I. A. The record reveals the following relevant facts and procedural history. In late 2017, the NJDEP issued … was more than sufficient competent evidence to support the factual findings." It argues "the record includes the three …