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8.63
Charges Document PDF
njcourts.gov
… 04/2014; Revised 11/2022) NOTE TO JUDGE Please review the comprehensive Note to Judge in Model Charge 8.60. Note also … Compensatory damages are intended to compensate [plaintiff] for the actual injury or plaintiff suffered as a result of … 5 See N.J.S.A. 2A:15-5.12(b), providing that the trier of fact must consider these four factors in determining whether …
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njcourts.gov
… Submitted September 13, 2022 – Decided October 5, 2022 Before Judges Geiger and Berdote Byrne. On appeal from the … the jury's conclusion that plaintiff did not suffer a compensable injury as a result of the accident is reasonable … than not that the conduct of the defendant was a cause in fact of the result.'" Townsend v. Pierre, 221 N.J. 36, 60-61 …
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njcourts.gov
… identity. R. 1:38- 3(d)(12) and N.J.S.A. 9:6-8.10a(a). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … we affirm for the reasons stated by Judge Axelrad in her comprehensive oral opinion on October 6, 2021. We add the … 420, 448 (2012). "The considerations involved are extremely fact sensitive and require particularized evidence that …
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njcourts.gov
… LLC, Defendants, and FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, Surety-Appellant. _____________________________ … Argued October 16, 2017 – Decided Before Judges Messano and Vernoia. On appeal from the Superior … that "remission should be [seventy-five] percent, given the fact that there was a bond posted . . . . [First Indemnity] …
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njcourts.gov
… Argued November 5, 2020 – Decided Before Judges Ostrer, Accurso, and Enright. On appeal from the … CHILDHOOD TRAUMA AND MENTAL HEALTH DISEASES AS A MITIGATING FACTOR. We affirm. A lawful search of defendant's vehicle … laundry in the trunk; a 2-mg Alprazalom pill in the glove compartment; brass knuckles in a McDonald's bag behind the …
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njcourts.gov
… Submitted May 20, 2020 – Decided June 8, 2020 Before Judges Koblitz and Mawla. On appeal from the Superior … v. Silver, 387 N.J. Super. 112 (App. Div. 2006), was incomplete and failed to consider the relevant N.J.S.A. … for about four years, including the two years they lived together in plaintiff's home. Plaintiff owns an estate, which …
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njcourts.gov
… Submitted May 22, 2018 – Decided July 16, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … imposed mandatory fines and penalties, and ordered her to complete twelve hours at the Intoxicated Driver Resource … the holding in State v. Dively, 92 N.J. 573 (1983), and the facts that gave rise to In re Seelig, 180 N.J 234 (2004). In …
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njcourts.gov
… Submitted January 31, 2019 – Decided May 28, 2019 Before Judges O'Connor and DeAlmeida. On appeal from Superior … A third visit was brought about by the daughter's complaint of abdominal pain and mild discomfort during … doctor's for a shot. What do you say, "All right [sic], forget it. You're not going to go to the doctor's for a shot?" …
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njcourts.gov
… 972 S BROADWAY, Plaintiff-Appellant, v. MASSARI SERVICE COMPANY LLC, WILMINGTON SAVINGS FUND SOCIETY FSB, DELAGE … Argued April 4, 2019 – Decided April 29, 2019 Before Judges Simonelli and Firko. NOT FOR PUBLICATION WITHOUT … abuse of discretion standard, but make our own findings of fact. In re Phillips, 117 N.J. 567, 578 (1990); see also …
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njcourts.gov
… Submitted January 15, 2020 – Decided Before Judges Koblitz, Whipple and Mawla. On appeal from the … admitting both expert testimony of Child Sexual Assault Accommodation Syndrome (CSAAS) and the victim's belated … "force" L.A. to come with them. Although L.A. tried to forget what happened, in the months following the party, she …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … action in which the attorney sought, among other things, to compel the sale of the former marital home to satisfy her … fees. For the reasons that follow, we affirm. I A 1 In fact, both respondents filed pleadings asserting a cause of …
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njcourts.gov
… Submitted January 31, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from the Superior … (1) an October 24, 2014 order denying his application to compel his entry into the pre-trial intervention program … defendant's personal circumstances and potential mitigating factors, but found that he was not suitable for PTI because …
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njcourts.gov
… Defendant-Respondent. Argued March 16, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from the Superior … that the trial judge erred because he mischaracterized the facts, namely, that the decision to search was based on … based on some knowledge, not a guess. Moreover, the comment followed a discussion with Ganci regarding Ganci's …
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njcourts.gov
… Argued December 11, 2017 - Decided Before Judges Messano, Accurso and O'Connor. On appeal from … Tribunal that because Chando's new employment with Genesis commenced eleven days after her voluntary resignation from … 43:21-7(c)(1) (emphasis added).] Reading the two statutes together makes clear the Legislature's intent was to relieve a …
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njcourts.gov
… Argued April 25, 2017 – Decided Before Judges Suter and Grall. On appeal from Superior Court … of college expenses, because of a reduction in his income. We agree that reconsideration should have been granted … with Pfizer earning a base salary of $250,000 and a target bonus of 25% but that this was not enough to satisfy his …
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njcourts.gov
… Argued February 27, 2018 - Decided Before Judges Gilson and Mayer. On appeal from Superior Court … granted summary judgment to defendants absent full and complete discovery. We agree and reverse. Plaintiff filed an … refiled their summary judgment motion, the following facts were undisputed. LCC is a New Jersey corporation …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Plaintiff-Appellant, v. CLIFFORD J. SCHOB, M.D., and COMPREHENSIVE ORTHOPEDICS, PA, Defendants. … portion of the overall lien amount. I. The relevant facts and procedural history are essentially undisputed. …
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njcourts.gov
… Submitted January 19, 2021 – Decided December 6, 2021 Before Judges Messano and Smith. On appeal from the Superior … they heard loud noises which sounded like people arguing coming from the first-floor rear apartment. Detective … in the plea deal. After the recess, he completed his factual basis and pleaded guilty to both charges. On June 2, …
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njcourts.gov
… Submitted October 25, 2021 – Decided November 8, 2021 Before Judges Fasciale and Firko. On appeal from the Superior … considered defendant's contentions and rendered a comprehensive oral decision, on which we substantially … case of ineffectiveness of counsel. II. We set forth the facts in our May 8, 2017 unreported opinion. Suffice it to …
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njcourts.gov
… Submitted January 12, 2021 – Decided April 14, 2021 Before Judges Fisher and Moynihan. On appeal from the Superior … 2C:29-2(b) (count 22); second- degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2; N.J.S.A. … the Effective Assistance of Trial Counsel. Reviewing the factual inferences drawn by the PCR judge and his legal …