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njcourts.gov
… to defendant's guilty plea, the court conducted a three-day competency hearing. The court determined defendant was … hearing sentenced defendant, finding that aggravating factors one, two, three, and nine applied. N.J.S.A. … (2), (3) and (9). The court also found mitigating factor seven. N.J.S.A. 2C:44-1(b)(7). The court began by …
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njcourts.gov
… in denying plaintiff Darrin Yohe's motion to amend his complaint, after the running of the statute of limitations, … which rear-ended plaintiff, identified as Jane Doe in his complaint, under Rule 4:26-4, the fictitious party rule. … of action on summary judgment. Accordingly, we reverse. The facts are straightforward and easily summarized. Plaintiff …
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njcourts.gov
… offered or how their testimony could have affected the outcome of the case. The court stated that defendant's … allegations were "bald assertions," unsupported by any facts. The PCR court also reviewed the allegations of … interviewed and called to testify at trial. Without any factual underpinning, defendant's allegations are nothing …
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njcourts.gov
… September 24, 2019 order granting defendants' motion to compel arbitration and dismissing plaintiffs' complaint with prejudice. Plaintiffs also challenge the … of arbitrability to the arbitrator, we affirm. The material facts of this matter are well known to the parties and can …
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njcourts.gov
… plea, the parties had not reached an agreement on the recommended length of the sentence. The State sought a … of kidnapping; and (4) present appropriate mitigating factors at the time of sentencing. In a thorough written … once again nothing more than a bald assertion without any factual basis. In addition, the judge observed that …
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njcourts.gov
… legal principles, we affirm. We discern the following facts and procedural history from the record on appeal. In … any legal action against defendant as long as she was in compliance with the agreement. Although the agreement stated … we are mindful of our limited scope of review. "The factual findings of a trial court are reviewed with …
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njcourts.gov
… specified that the client would pay a contingent fee to be computed in accordance with the sliding scale percentages … research, and exchanged correspondence with the manufacturer of the defective french fry. Perhaps most … In March 2011, before any lawsuit was filed against the manufacturer, the client notified the first law firm that she …
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njcourts.gov
… offenses arise from an incident in which defendant, accompanied by two other men, physically attacked first C.H., … car. The car passed the three men, who were wearing dark hoodies, walking down the street outside of the residence of … supports an evidential inference that defendant was not, in fact, the person who attacked them. Defendant maintains …
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njcourts.gov
… Rothstadt and Sumners. 3 A-2768-12T3 On appeal from the Commissioner of Education, Agency Docket No. 348-11/09. … Deputy Attorney General, argued the cause for respondent Commissioner of Education (Christopher S. Porrino, Attorney … Seaside Park from the Central Regional school district. The fact that a handful of parents in a tiny school district …
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njcourts.gov
… act *.009, misuse and possession of an electronic communication device, N.J.A.C. 10A:4-4.1(a)(1)(v); and one … is only required to provide "[a] concise summary of the facts on which the hearing officer concluded that the … (either in writing or as reported) in language that is factual rather than a conclusion, and based on the …
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njcourts.gov
… sale pursuant to Rule 4:65-5. We affirm. The essential facts are largely undisputed and easily summarized. On … proceedings on May 29, 2009, by filing a foreclosure complaint, and default judgment was entered on October 26, … a trial judge's application or denial of equitable remedies should not be disturbed "unless it can be shown that …
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njcourts.gov
… L. JENNINGS, Defendant, and ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent. … Id. at 97-98. Because they present mirror images of remedies designed to cure the same ill – a damages verdict that … a wide acceptable range — a range that accounts for the fact that different juries might return very different …
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njcourts.gov
… defendants' submissions, the Board deemed the applications complete and held public hearings on July 10, 2014, for … an order upholding 5 A-1853-15T4 the Board's decision. In a comprehensive statement of reasons, the judge determined … The courts "will give substantial deference to findings of fact, [however,] it is essential that the board's actions be …
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njcourts.gov
… POINT II TRIAL COUNSEL FAILED TO PRESENT ANY MITIGATING FACTORS AT PETITIONER'S SENTENCING. Following our review of … performed services as defendant suggests. These bald facts are insufficient to sustain a grant of PCR. State v. … defendant argues counsel failed to present mitigating factors during sentencing. Specifically, defendant believed …
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njcourts.gov
… manner in which the alleged failure to file a direct appeal comes before us, we must vacate the order under review and … however, is whether defendant presented an adequate factual basis for his Flores-Ortega argument. As we have … That eight-page document, however, does not provide a factual basis for the Flores-Ortega issue; other than …
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njcourts.gov
… PER CURIAM In this appeal, we must determine whether the Commissioner of Education (Commissioner) violated our … reassigned her to teach large departmentalized social studies classes for middle school students in grades five … 2011-2012, Pugliese received ratings of "basic" and "unsatisfactory," respectively. The District provided services to …
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njcourts.gov
… by their first names to avoid any confusion caused by their common surname. We intend no disrespect. 3 A-0272-16T2 From … 30, 2015, the Township filed an in rem tax foreclosure complaint pursuant to N.J.S.A. 54:5-104.29 against Webber … Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)).] Given the facts and equities of this case, we discern no abuse of …
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njcourts.gov
… issue a statement of reasons as required by Rule 1:7-4. The facts giving rise to the estate litigation are not pertinent … their mother's death in 2012 and led to their filing a complaint against Paul on October 11, 2012, alleging undue … reasons for its decision, . . . ‘stat[ing] clearly [its] factual findings and correlate[ing] them with relevant legal …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2016-20578. John W. Pszwaro … 589, 599 (1965)). We accord "substantial deference" to such factual findings. Bellino v. Verizon Wireless, 435 N.J. … afford Atlantic an opportunity to challenge the legal or factual basis for awarding benefits to petitioner despite …
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njcourts.gov
… SEAMON, Plaintiff-Respondent, v. STATE FARM INSURANCE COMPANY, Defendant-Appellant. ______________________________ … new complaint to pursue her bad faith claim. The underlying facts are straightforward and uncontested. In 2012, … the jury's verdict is the trigger for the sanctions and remedies of Rule 4:58-2 or, conversely, whether the molded …