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… Messano, Hoffman and Smith. On appeal from the New Jersey Commissioner of Education, Docket No. 160-7/17. Flavio L. … [n-word] is abhorrent and cannot be tolerated. However, the facts under which the word was used clearly show that the … in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching …
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… September 28, 2018 Law Division order, which dismissed his complaint with prejudice and denied his request for a record … claims based "largely on the [trial] judge's findings of fact." State v. P.L.M., No. A-2368-05 (App. Div. Apr. 17, … 13 A-1856-18T2 because it was filed in a public office." Keddie v. Rutgers, 148 N.J. 36, 49 (1997) (citing Higg-A-Rella, …
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… 24, 2020 order denying plaintiff's motion to amend his complaint; a February 25, 2020 order granting 4 A-3612-19 … legal claims, they were premised on a different set of factual circumstances. Plaintiff also contends that the … 428, 443 (2011). As codified in Rule 4:30A, the ECD "embodies the principle that the adjudication of a legal …
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… Part order denying his application to file a third-party complaint impleading his emancipated son, Edmund, as a … his motion for reconsideration. We affirm. We glean these facts from the record. In 2002, plaintiff and his ex-wife, … fees to defend himself were appropriate considerations. See Diehl v. Diehl, 389 N.J. Super. 443, 455 (App. Div. 2006) …
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… Inc. (Conduent) appeals from an order denying its motion to compel arbitration and dismiss plaint iff's complaint. When … pending the arbitration process. 3 A-3542-20 I. The facts relevant to compelling arbitration are established in … Division on Civil Rights (NJDCR) or directly in court. Remedies under the LAD may include an order restraining unlawful …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2005-11028. Joel F. … to the 2003 incident. II. "A judge of compensation's factual findings are entitled to substantial deference." … Super. 535, 546 (App. Div. 1981). When warranted by the facts and necessary to effectuate the remedial purposes of …
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… after a jury found him guilty of fourth-degree violation of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d), … unanimous agreement by the jurors "on the facts underlying the guilty verdict"—should be provided … residence indicating he was still living there. There is no factual or legal basis to conclude that the absence of a …
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… litigants' rights. Plaintiffs claim defendants failed to comply with an October 27, 2017 consent order, which … Frank Bisignano. We begin with a summary of the relevant facts, which we derive from the motion record and our … [c]ourt does NOT find that . . . Bisignano, as the 'disobedient party,' was able to comply or that he failed to …
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… the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … conversation. They questioned Linda alone regarding the factual details of the alleged sexual abuse; at that time, … was done to them. Id. at 143-44. The Court then set forth factors to consider when determining the admissibility of …
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… Nonetheless, summary judgment dismissal of plaintiff's complaint was not appropriate pending the court's … index finger, severing her the flexor tendon. Zamperla manufactured the ride in October 1995, and installed it at Great … and devoid of any engineering standards or published studies for the safe design of the teacups ride or similar …
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… began in 2008, and in 2012, plaintiff was awarded rental income, his attorney was awarded fees, and the parties agreed … of the applicable law, we affirm. We discern the following facts from the record. In 1998, plaintiff and defendant … "[w]hether laches should be applied depends upon the facts of the particular case and is a matter within the …
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… Russo, and answered two specific interrogatories that compelled the imposition of a life sentence without parole … of review is necessarily deferential to a PCR court's factual findings . . . that are supported by sufficient … de novo, however, the trial court's application of those facts to the legal principles involved. Harris, 181 N.J. at …
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… of the third-degree offense of violating the conditions of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d), … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … a unanimous verdict on all four CSL violations was remedied by the trial court's answer to the jury stating they …
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… Plaintiff Henry Chen appeals from the dismissal of his complaint with prejudice pursuant to Rule 4:23-5(a)(2). In … respects, as we discuss below, we discern the following facts. In his August 2018 complaint, Chen alleged that … trial court's supplemental statement of reasons for this fact. 4 A-5123-18T2 to appear in court on May 24 if no …
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… Action (the 2008 PNDA), which charged him with conduct unbecoming a police officer, conduct unbecoming a public … injuries. On August 22, 2012, the Board analyzed the eleven factors for pension forfeiture set forth in Uricoli v. Board … warranted, and it repudiated the ALJ's weighing of Uricoli factors seven, eight, and nine. Instead, the Board adopted a …
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… an IPG application was eligible for funding, it would recommend the grant to the New Jersey Economic Development … applied for and was granted supplemental IPG funding. In fact, in April 2012, Pastor Enterprises received funding … merely because it was initially awarded an IPG in 1996. In fact, Pastor Enterprises's assertion is belied by the …
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… that on more than one occasion, defendant told her to come and sit on his lap. She said 5 A-0962-18T3 she sat … the court determines that there are material issues of fact that cannot be resolved based on the existing record, … a reasonable likelihood that his or her claim, viewing the facts alleged in the light most favorable to the defendant, …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Respondent-Respondent, and DES … by reference and assume the reader's familiarity with the facts and procedural history reached in our three previous … In early 1990, Des Champs moved a majority of its manufacturing operations to a new facility in Virginia, but …
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… Because we find that the entry of the judgments failed to comply with the procedural requirements of Rule 4:42-1, we … with this opinion. I. We dispense with a detailed factual recitation, but broadly state the nature of the … and issue a written decision that contains its Findings of Fact and Conclusions of Law. On October 22, 2018, …
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… substantively arbitrable.1 The City then filed a verified complaint and order to show cause in the Chancery Division … RESTRAINED ARBITRATION BASED UPON A MISAPPLICATION OF THE FACTS AND THE LAW. After carefully reviewing the record and … interpretation and the application of case law to the facts of the case, the appellate court's standard of review …