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… Plaintiff-Appellant, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent. ___________________________ … 477-78 (2013). If there is no genuine issue of material fact, like here, we must then "decide whether the trial … areas of profitability, growth, retention, customer satisfaction and customer service." Allstate conducted annual …
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… her action and she appealed. We affirm. These are the facts. Plaintiff, Aruna Chakrala, M.D., and defendant Sudha … months off rotation period, the first such period to commence as of 09.01.2006 or 10.15.2006 with Dr. Sudha … to and not in limitation of any other rights and remedies available to them at law or in equity, to [sic] a …
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… defendant's alimony and child support obligations and in compelling defendant to disclose information related to a … basis[,]' considered 'irrelevant or inappropriate factors[,]'" ibid. (alterations in original) (quoting Flagg … have resulted in consideration of at least "temporary remedies pursuant to N.J.S.A. 2A:34-23(m)," Michael did not …
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… case, plaintiffs appeal an order dismissing their complaint with prejudice based on a failure to file an … to N.J.S.A. 2A:53A-28, we reverse. I. We summarize the facts asserted in the complaint and the protracted … "as [in] any way being any substitute or any mitigating factor whereby an [a]ffidavit of [m]erit should have been …
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… and issued an order on June 29, 2021, dismissing Jui's complaint. Jui now appeals from the Law Division order. … misconduct; care of departmental property and equipment; obedience to laws, ordinances, and written directives; … of the disciplinary action, and make its own findings of fact. Ruroede, 214 N.J. at 357. Although the court must …
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… defendant and signaled for him to pull over. Defendant complied. Detective Tighelaar and his partner Detective … element to sustain the eluding conviction on these facts, defendant posits the eluding conviction must fall. … of duress has been established, you should consider the factor of immediacy. That is, the force posed a danger of …
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… 29, 2021 order of the Law Division dismissing its verified complaint in lieu of prerogative writs challenging the award … was not attached to the RTS bid. RTS subsequently remedied that omission by submitting a list of B&B's equipment … equipment that would be used to perform the contract. The fact that RTS was permitted to correct its oversight of …
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… his supervisor, who advised him to see the workers' compensation doctor. The workers' compensation doctor … pain approximately thirty-five percent of the time and the fact that the test and MRI did not show nerve impairment … testified consistently in finding the MRI and EMG studies showed "no evidence of radiculopathy or peripheral …
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… that it was in a "locked gun case." These disputed facts were not considered by the trial court in rendering … "statement did not provide the requisite extraordinary and compelling circumstances, justifying consideration of the … PTI application. He argued the State failed to consider the factors under N.J.S.A. 2C:43-12(e). Defendant emphasized the …
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… FAILURE OF THE TRIAL COURT TO INSTRUCT THE JURY ON MUTUAL COMBAT AS A LESSER-INCLUDED OFFENSE OF AGGRAVATED ASSAULT … IN ITS FINDING AND WEIGHING OF AGGRAVATING AND MITIGATING FACTORS. U.S. CONST. AMENDS. VI AND XIV; N.J. CONST. ART. I, … before any scuffle began. 12 A-3745-18 Viewing all these facts in a light most favorable to defendant, we are …
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… THERE WAS NO EVIDENCE OF [DEFENDANT'S] GUILT UNDER THE ACCOMPLICE-LIABILITY THEORY THE STATE EXPLICITLY TOLD THE … the Applicable Law to the Grand Jury and Its Inclusion of Accomplice Liability in the Indictment, It Could Not Retreat … Id. at 486, 489, 490. In support, we relied on the fact that the jury was correctly instructed on the principle …
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… Readington Detective Brown applied for and was granted a communications data warrant (CDW) to access and search the … defense counsel's request for consideration of mitigating factor two and seven, explaining that based on the "totality … concerning his review of discovery and defendant's satisfaction with plea counsel's services. The court concluded …
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… in support of her application demonstrated that she had completed a master's degree in social work in May 2011. She … Hecksher's application. The new materials included "case studies," which were narratives prepared by Hecksher describing … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… (the Association), a non-profit organization. The complex consists of 150 residential units and two commercial … of the water damage, it "did not have any other legal remedies but to stop payment." Further, he explained that while … Association's efforts to repair the issue had been "unsatisfactory." Although the court was critical of the way the …
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… 760 New Brunswick Urban Renewal Limited Liability Company (Steven T. Senior, of counsel and on the brief; … LLC (Delphi) previously owned the Site where it manufactured automobile batteries. In 2006, Delphi sold the … been based on any regulatory or statutory provisions. In fact, the relevant provisions actively undercut such …
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… and considering the applicable aggravating and mitigating factors, the judge imposed the same time 7 A-3718-21 periods … and addressed defendant's arguments regarding mitigating factors, and a new judgment of conviction (the Second JOC), … entitled "Change of Judgment of Conviction and Order for Commitment 10/2/17 – AMENDED AS TO COUNTS ONLY," which was …
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… Law Division order denying its application to admit fresh complaint evidence at the trial of defendant Joseph Gares. … Connie in Pennsylvania. 2 The judge noted the statement of facts set forth in the State's supporting brief "[wa]s … delay in voicing a complaint to her parents is a relevant factor for the jury's consideration, see Model Jury Charges …
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… they were emancipated upon reaching the age of eighteen or completing four years of college. The PSA also addressed … and directed that a plenary hearing be held to consider the factors set forth in Newburgh v. Arrigo, 88 N.J. 529 (1982), … given the terms of the PSA, and the absence of findings of fact and conclusions of law addressing the factors set forth …
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… physical ailments, defendant told Large he was unable to complete the field sobriety tests. Defendant initially … REOPEN THE SUPPRESSION HEARING IN LIGHT OF THE SIGNIFICANT FACTUAL DIFFERENCE IN OFFICER LARGE'S TRIAL TESTIMONY WAS … issued the following curative instruction: All right, ladies and gentlemen, the testimony in regard to the amount of …
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… a second PCR petition. The petition did not include any factual assertions supporting the request for PCR beyond the … to cases on collateral review; or (B) the date on which the factual predicate for the relief sought was discovered, if … a probability sufficient to undermine confidence in the outcome. '" Gideon, 244 N.J. at 550-51 (alteration in original) …