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… Argued December 1, 2016 – Decided Before Judges Lihotz, Hoffman and Whipple. On appeal from Superior Court of New … the reasons that follow, we affirm the order dismissing the complaint against Dr. Dickes. In addition, plaintiffs appeal … no response. She eventually spoke to Amy, and her March 30, 2011 office note states, "Says she is getting a divorce, …
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… R.B. Defendant and R.B. were charged in an indictment with committing offenses occurring during two overlapping timeframes. The … MADE BY A JUDGE VIOLATE APPRENDI [v.] NEW JERSEY, 530 U.S. 466 (2000). U.S. Const. Amend. VI, XIV. 11 …
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… COOPER, Plaintiff-Appellant, v. UNITED SPECIALTY INSURANCE COMPANY and NATIONAL CLAIM SERVICES, LLC, … Rothbort and Trevor D. Dickson, on the briefs). Sherri Pavloff (Stonberg Morgan, LLP) of the New York bar, admitted pro … Realty Co. v. Twp. of N. Bergen, 376 N.J. Super. 295, 302 (App. Div. 2005)). Plaintiff obtained an interest in …
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… v. TOWNSHIP OF WEST ORANGE and KAREN J. CARNEVALE in her official capacity as Municipal Clerk and Records Custodian … PER CURIAM Plaintiff Kevin Malanga filed a verified complaint claiming defendants Township of West Orange and … and its exemptions. In re N.J. Fireman's Ass'n Obligation, 230 N.J. 258, 273-74 (2017); see also K.L. v. Evesham Twp. …
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… of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It … Act (CEPA), N.J.S.A. 34:19-1 to -8, an employee who becomes the victim of employer retaliation for engaging in … (LAD), N.J.S.A. 10:5-1 to -49, to CEPA. Id. at 30-36. The panel claimed that “in the LAD context,” several …
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… THE RECORD, Plaintiff-Appellant, v. STATE OF NEW JERSEY OFFICE OF THE GOVERNOR, Defendant-Respondent, and NED … J.A.D. In these consolidated appeals arising out of two complaints seeking production of public records under the … detailing its investigation of the lane closures, with over 3000 pages of exhibits annexed, and that the report and …
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… Division, Family Part, Hudson County, Docket No. FD-09-1305-16. Lamouria Boyd, attorney for appellant/cross- … Sasha Blount's cross-motion to increase child support, compel defendant to contribute toward the parties' child's … competent, relevant and reasonably credible evidence as to offend the interests of justice" is reversal warranted. Rova …
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… (LAD), N.J.S.A. 10:5-1 to -49. She also claimed defendants committed several torts and unjustly enriched themselves at … Those administrators included Dean Marlene Laskowski-Sachnoff; Assistant Dean Kathleen Perle; Laura Cahill, a member … as a matter of law." Grande v. Saint Clare's Health Sys., 230 N.J. 1, 24 (2017) (quoting Bhagat, 217 N.J. at 38); …
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… N.B. (Nina) by causing Nina's physical condition to become impaired as a result of an unreasonable infliction of … at Chuck E. Cheese." Teri told Rodriguez that after Emma offered the explanation, she decided to leave "it alone." … order entered the same day. See, e.g. Winterberg v. Lupo, 300 N.J. Super. 125, 132-33 (App. Div. 1997) (finding it …
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… aggravated manslaughter, robbery, and related weapons offenses. He contends the trial court erred in denying his … substantially matched Officer Sime's account, sans Lopez's comment to his family member. 5 A-0315-18 holes and powder … or both.'") (quoting State v. Smith, 129 N.J. Super. 430, 435 (App. Div. 1974)). Applying those tenets, we hold …
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… September 10, 2019 – Decided Before Judges Yannotti, Hoffman and Firko. On appeal from the Superior Court of New … third-degree possession of a radio to intercept emergency communications while committing a crime, N.J.S.A. 2C:33-22 … from a defendant's silence." State v. Feal, 194 N.J. 293, 305 (2008) (quoting Portuondo v. Agard, 529 U.S. 61, 67 …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3027-17T4 AMY SKUSE, Plaintiff-Appellant, v. PFIZER, INC., … 4, 2018 – Decided Before Judges Sabatino, Haas and Mitterhoff. On appeal from Superior Court of New Jersey, Law … (or "activity" or "course"). The module described the company's mandatory arbitration policy, as presented in a …
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… UNDERWRITERS AT LLOYD'S LONDON, MAIDEN SPECIALTY INSURANCE COMPANY, RSUI INDEMNITY COMPANY, and WESTPORT INSURANCE … boundaries[;] 2. The overflow, release, rising, back-up, runoff or surge of surface water; or 3. The unusual or rapid … (quoting 5 John Alan Appleman, Insurance Law & Practice § 3083 at 309-11 (1970)). Here, the "storm surge" associated …
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… June 27, 2019 Before Judges Sabatino, Sumners and Mitterhoff. On appeal from the Superior Court of New Jersey, Law … New Jersey- based former employer. Plaintiff alleges the company wrongfully denied him a promotion to a position in … Ginsberg v. Quest Diagnostics, Inc., 441 N.J. Super. 198, 230 (App. Div. 2015) (recognizing this principle and also …
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… March 11, 2019 Before Judges Sabatino, Sumners and Mitterhoff. Reargued May 13, 20191 – Decided June 19, 2019 Before … Dairy ("COL") and dismissal of their class-action complaint alleging a failure to pay overtime wages in … court. Henry v. N.J. Dep't of Human Servs., 204 N.J. 320, 330 (2010). The court considers whether "the competent …
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… 9, 2020 – Decided August 27, 2021 Before Judges Messano, Hoffman, and Suter. On appeal from the Superior Court of New … the trier of fact." Grande v. Saint Clare's Health Sys., 230 N.J. 1, 24 (2017) (quoting Bhagat v. Bhagat, 217 N.J. 22, … plaintiff resided in a two-unit residential structure on Commercial Avenue in New Brunswick with her husband, A.S. …
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… Early Release Act, N.J.S.A. 2C:43-7.2, sentence for having committed second-degree conspiracy to commit robbery, … THE JURY THAT DEFENDANT COULD BE LIABLE FOR A LESSER OFFENSE THAN THE PRINCIPAL. U.S. CONST. AMENDS. V. AND XIV; … otherwise might not have reached." State v. R.B., 183 N.J. 308, 330 (2005) (alterations in original) (quoting Bankston, …
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… pled guilty to two second-degree and one third-degree drug offenses. On appeal, he argues the following two points: … B. THERE WAS NO PROBABLE CAUSE TO SUPPORT THE INITIAL [COMMUNICATION DATA WARRANT (CDW)], RENEWAL CDW, AND WIRETAP … except upon probable cause.'" State v. Manning, 240 N.J. 308, 327-28 (2020) (alteration in original) (quoting N.J. …
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… after the East Orange Police Department (EOPD) issued complaint-warrants; seven years after the alleged victim, … FOR FAILURE TO PROVIDE FAIR NOTICE OF WHEN AND WHERE THE OFFENSES ALLEGEDLY A-1162-21 4 OCCURRED. U.S. Const. amend. … Quoting its decision in United States v. Marion, 404 U.S. 307, 324 (1971), the federal high court distinguished …
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… and second-degree possession of a firearm during a CDS offense, N.J.S.A. 2C:39-4.1(a) (count three). These … that day. On May 1, 2023, two days before the trial commenced, defendant moved to bar Sergeant Michael Gonzalez … admissibility." [Melendez-Diaz v. Massachusetts, 557 U.S. 305, 311 n.1 (2009).] Citing State v. Branch, defendant …