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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Docket No. 2006- 20819. Kavanagh & Kavanagh, … "extremely credible," and, after considering the twelve factors set forth in Estate of Kotsovska, ex rel. Kotsovska … the judge's specific findings when we discuss the twelve factors, below. II On appeal, Giambri contends there was …
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njcourts.gov
… that "[a]ny unused sick leave days will be accumulated and compensated to the 3 A-3228-17T4 [e]mployee at the rate of … in which the arbitrator has made an acknowledged mistake of fact or law or a mistake that is apparent on the face of the … end of the calendar year. In addition, the CNA explains the factors that will be used to determine the amount of a …
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njcourts.gov
… to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … of participating in the business, and requiring Perry to become its sole operator. Defendant's personal injury action … the forgery determination is an issue for the trier of fact. 14 A-4719-16T1 In sum, we find the trial court …
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njcourts.gov
… NO. A-5102-14T2 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Respondent/ Cross-Appellant, v. STOKES … to amend its answer to raise the defense of accord and satisfaction. Stokes now argues that the judge failed to apply … not seek restitution for a payment made under a mistake of fact, but sought to recoup overpayments as a result of …
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njcourts.gov
… DOCKET NO. A-4200-15T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the Indymac INDX Mortgage Loan Trust … vacate the final judgment of foreclosure and to dismiss the complaint. After a review of the contentions in light of the … legal principles, we affirm. We discern the following facts and procedural history from the record on appeal. On …
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njcourts.gov
… and a prior history of domestic violence. The following facts are derived from the FRO hearing, during which both … and the bottom and told her to put the dog down. When she complied, defendant "pushed [her] across from the front door … her to sit on the couch. After trying to "rip [her] hoodie," he told her to remove it, which she did. He then …
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njcourts.gov
… Of New Jersey, Plaintiff-Respondent, v. STAR INSURANCE COMPANY and MEADOWBROOK, INC., Defendants-Appellants. … policy number CP 0641963 from defendants Star Insurance Company and Meadowbrook Inc. (collectively, Star). On April … 520, 536 (1995)). If there is no genuine issue of material fact, we must then "decide whether the trial court correctly …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… v. WALTER R. EARLE TRANSIT, LLC, EARLE ASPHALT COMPANY, and JEFFREY L. EVANS, Defendants-Appellants. … those arguments because they are inconsistent with the facts in the record and RPC 1.7. When deciding a motion to … or other proceeding before a tribunal. RPC 1.7 embodies "the fundamental understanding that an attorney will …
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njcourts.gov
… County, Docket Nos. L-0309-19 and L-0198-22. Metrolaw.com, attorneys for appellant (Robert A. Solomon, on the … of the Solomon firm. "We review de novo the trial [court's] factual and legal conclusions reached after a summary … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
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njcourts.gov
… two counts of second-degree possession of a firearm while committing a controlled dangerous substance crime, N.J.S.A. … 6 A-3381-23 by relying upon irrelevant or inappropriate factors, by failing to consider all relevant factors, or by making a clear error in judgment." State v. …
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A-31-24 Amicus Curiae Brief Levinson Axelrod PA
Briefs
njcourts.gov
… Belford, New Jersey 07718 (732) 787-3200 marcolus@njlawyers.com Attorneys for Amicus Curiae Council on Safety and Health … On the Brief: Richard J. Marcolus, Esq. marcolus@njlawyers.com FILED, Clerk of the Supreme Court, 27 Jun 2025, 090133 i … the following consideration by the Court: 1) Specific facts and circumstances pertaining to her employment 2) Her …
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njcourts.gov
… we affirm both orders. I. We summarize the pertinent facts and events from the record provided on appeal. Around … Police Department (EPD) officers arrived at an apartment complex in Elizabeth following a report of a shooting. Upon … was ineffective for failing to raise several mitigating factors during sentencing. After the State provided …
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njcourts.gov
… affidavit to secure a search warrant was "planted" in his computer. The PCR judge denied the petition, finding the … POINT I THIS COURT NEED NOT DEFER TO THE PCR COURT'S FACTUAL FINDINGS BECAUSE THEY WERE NOT SUPPORTED BY … appeal affirming defendant's sentence, we summarized the facts: Defendant was a surgeon at Rutgers Cancer Institute …
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njcourts.gov
… part: An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim and [CHOOSE … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … [disciplinary] power in the defendant. Among the factors you may consider are whether there was a significant …
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njcourts.gov
… application. We affirm. I. We summarize the relevant facts from the record. On December 23, 2021, plaintiffs … trees along the entire Fourteenth Street frontage to accommodate the proposed drainage system. 4 A-2075-23 In a … 146 (App. Div. 2013). We give deference to the actions and factual findings of local boards. Jacoby, 442 N.J. Super. at …
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njcourts.gov
… filed a pro se motion seeking resentencing under mitigating factor fourteen, permitting a sentencing court to consider … "defendant was under 26 years of age at the time of the commission of the offense," N.J.S.A. 2C:44-1(b)(14), enacted … intent of the statute demonstrated the mitigating factor applies prospectively. Thereafter, defendant was …
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njcourts.gov
… 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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njcourts.gov
… on the property did not occur, plaintiff filed a verified complaint and an order to show cause on June 3 to compel the … property, the court found appellant had other available remedies. The court observed appellant could cross-claim against … negligence claims. The record demonstrates appellant had in fact filed third-party negligence claims against real estate …