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… Submitted November 15, 2022 – Decided March 1, 2023 Before Judges Sumners and Geiger. On appeal from the Superior … defendant Rashad Exum guilty of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2a(1) and N.J.S.A. 2C:11-3a(1), … because the State's case was built entirely on the dishonest testimony of William Davis. Defendant also challenges …
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… Submitted January 10, 2023 – Decided March 7, 2023 Before Judges Gilson, Rose, and Gummer. NOT FOR PUBLICATION … of two young children, appeals from an order dismissing the complaint filed by the Division of Child Protection and … to Kyle, Jan also claimed that the FBI had bugged her phone and was tracking her vehicle. Because Jan was the …
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… Submitted January 24, 2023 – Decided March 7, 2023 Before Judges Geiger and Fisher. On appeal from the Superior … in the process of arbitrating claims when Lutz filed the complaint in this action. The judge granted Deutsch's motion … but not limited to the following controversy." This one-page agreement does not expressly reveal what was meant …
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… Submitted October 18, 2022 – Decided December 12, 2022 Before Judges Messano, Gilson, and Rose. On appeal from the … summary judgment to defendants and dismissing plaintiff's complaint with prejudice because plaintiff was not the … order granting defendants' motion. The Chancery court reasoned that even if plaintiff could establish that defendants …
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… v. IAN P. MITCHELL, MIDLAND FUNDING LLC, ONEMAIN FINANCIAL, STATE OF NEW JERSEY, SUNSHINE ATKINS … Submitted November 10, 2022 – Decided December 16, 2022 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … (NOI) to foreclose and thereafter filed a foreclosure complaint. Defendant and Mitchell did not contest the matter …
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… Argued October 11, 2022 – Decided December 22, 2022 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the foreclosure; plaintiff's service of the foreclosure complaint by publication was insufficient; and her due … affirm. I. Lillian Holland died on May 15, 2015, at eighty-one years of age. She had been the owner of the Property in …
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… Submitted October 17, 2022 – Decided November 2, 2022 Before Judges Currier and Mayer. On appeal from the Superior … at PLG as a switcher. A switcher, or "truck jockey," is someone who moves empty trailers. In 2011, an employment agency … workers to PLG. Around that time, PLG instructed Campos to complete an application with HEC if he wished to continue …
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… DEPARTMENT OF CORRECTIONS, EDNA MAHAN CORRECTIONAL FACILITY FOR WOMEN, Defendants-Respondents. … Antony Carchia appeals from summary judgment dismissing his complaint alleging violations of the Conscientious Employee … years. In 2011, two years before he was deemed to have abandoned his job, prison officials received several complaints …
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… DIVISION DOCKET NO. A-1622-20 JEFFREY KOSTOPLIS, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S … Argued November 1, 2022 – Decided December 30, 2022 Before Judges Gilson and Rose. On appeal from the Board of … appellant had not met his burden of presenting sufficient competent and credible evidence to establish that his injury …
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… NO. A-3455-20 DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner-Respondent, v. D.S., Respondent-Appellant. … Submitted December 12, 2022 – Decided January 6, 2023 Before Judges Mawla, Smith and Marczyk. On appeal from the New … D.S., appeals from the July 16, 2021 final decision of the Commissioner of the Department of Children and Families, …
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… Submitted December 11, 2023 – Decided December 19, 2023 Before Judges Marczyk and Chase. On appeal from the Superior … then left his vehicle and exchanged small items for money with the unidentified male. The detectives then stopped … second-degree possession 3 A-2481-20 of a firearm while committing a controlled dangerous substance ("CDS") crime, …
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… Submitted March 14, 2023 – Decided July 6, 2023 Before Judges Sumners and Berdote Byrne. On appeal from the … and attitude of defendant indicate that she is unlikely to commit another offense), N.J.S.A. 2C:44-l(b)(9). 3 A-3373-20 … contention. The judge elaborated: An illegal sentence is one that, and the [c]ourt is quoting, "exceeds the maximum …
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… Submitted February 14, 2024 – Decided February 28, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … further proceedings. Plaintiff filed a domestic violence complaint alleging he and defendant had a prior dating … proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. …
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… Argued February 6, 2023 – Decided March 21, 2023 Before Judges Whipple and Marczyk. On appeal from the Superior … raises the following issue on appeal: POINT I: THE COURT ERRONEOUSLY DENIED THE PCR WITHOUT HOLDING AN EVIDENTIARY … sexual assault, he could be involuntarily civilly committed pursuant to the New Jersey Sexually Violent …
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… Submitted December 11, 2023 – Decided December 28, 2023 Before Judges Sabatino and Marczyk. On appeal from the … 52 weeks of overtime due for over a two-year period. That computed sum exceeded the $15,000 jurisdictional cap, even … calculated the unpaid wages owed to plaintiff and erroneously shifted to defendant the burden to prove the hours …
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… Submitted December 5, 2023 – Decided January 18, 2024 Before Judges Whipple and Paganelli. On appeal from the … about right to salvage material from the building before it comes down? Is that a consideration of yours . . . ? … after his [I]nitial [C]omplaint was dismissed and twenty-one days beyond the forty-five-day deadline. The motion …
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… Submitted March 1, 2023 – Decided July 21, 2023 Before Judges Accurso and Natali. On appeal from the Superior … which Sheil claimed was February 11, 2021, the day the money was transferred to the Estate. The parties agree the … contract for the parties better than or different from the one they wrote for themselves." Kieffer, 205 N.J. at 223. …
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… Submitted March 15, 2023 – Decided June 8, 2023 Before Judges Currier and Bishop-Thompson. On appeal from the … the extruder onto a smaller forklift. Plaintiff had positioned the forklift to load the extruder from the passenger … the area on which he was operating the forklift was made of compacted gravel. He testified that AMR employees use that …
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… Submitted May 15, 2023 – Decided June 13, 2023 Before Judges DeAlmeida and Mitterhoff. On appeal from the … suffered physical injuries. Plaintiffs thereafter filed a complaint in the Law Division alleging that Nancy's injuries … a 'genuine issue' as to a material fact and not simply one 'of an insubstantial nature'; a non-movant will be …
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… Argued January 18, 2023 – Decided March 31, 2023 Before Judges Susswein and Fisher. On appeal from the Superior … (Joseph E. Krakora, Public Defender, attorney; Alison Perrone, Deputy Public Defender, of counsel; Sarah Hardtke, … evidence extracted from his cell phone pursuant to a communications data warrant (CDW). Defendant contends the …