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… 1 of 127 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY Chancery … are encouraged to employ common sense in analyzing the facts and applying the statutory and decisional case law to … characterized the pamphlet as informative for a general audience but does not view it as scientific. Dr. Signer was …
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… with the New Jersey Department of Education (DOE). The Commissioner of the DOE (Commissioner) transferred the matter to the Office of … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… Appellant Audrey Kernan appeals her removal as a Workers' Compensation Judge by Governor Phillip D. Murphy. We affirm. … "s[ought] to misuse th[e] Ethics Commission as a de facto enforcement arm . . . to e[x]act punishment against … (IV) the requirement that she exhaust administrative remedies should be "dispens[ed] with" because her continued …
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… three); and two counts of second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and 12-1(b)(1) … did not constitute reversible error. Rule 3:11 embodies the Supreme Court's pronouncements in Delgado. The rule … deficiency in the showup worksheet. Defendant argued these facts raised questions "of how this identification came to …
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… Frank Tetto appeals an August 5, 2016 order dismissing his complaint for failure to comply with the Affidavit of Merit … and courts should determine if the claim's underlying factual allegations require proof of a deviation from the … 2A:53A-38 (emphasis added).] "One of those reforms is embodied in the enhanced standards contained in Section 41 …
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… was arrested in Camden on January 1, 2017, and charged in a complaint-warrant with: second-degree illegal possession of … to prove probable cause from that admissible to prove other factors supporting detention. Defendant argues that our … detention hearing is not a final adjudication of contested facts and does not ultimately affect either defendant's …
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… for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. … and removal among liable parties using such equitable factors as the court determines are appropriate. [N.J.S.A. … court’s application of the discovery rule based on the facts developed at the Lopez hearing. Because of its holding …
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… Court. The issue in this appeal is whether it was proper to compel arbitration between a non-signatory and a signatory … formalized by a written contract. Later, on Scudillo’s recommendation, plaintiffs purchase securitized notes from … law and the legal consequences that flow from established facts are not entitled to any special deference.”). In …
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… curiae Advanced Medical Technology Association, Chamber of Commerce of the United States of America, and the National Association of Manufacturers (Daniel B. Rogers (Shook, Hardy & Bacon LLP) of … of mesh removal was through published data from other studies. At an internal company meeting in June 2003, Ciarrocca …
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… jury indicted defendant for first- degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) (count … N.J.S.A. 2C:12-1(b)(1) (count five).1 A. We derive the facts from the evidence presented at trial. Around 12:30 … who was shot as a result." "That's your responsibility, ladies and gentlemen, to find justice in this case." And …
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… DISEASE OR DEFECT. POINT IV THE TRIAL COURT ERRED IN ITS COMPOSITION OF THE VERDICT SHEETS. [U.S. CONSTITUTION, … FAILING TO CONSIDER APPROPRIATE AGGRAVATING AND MITIGATING FACTORS BASED ON THE RECORD. [U.S. CONSTITUTION, AMENDMENT … the trial court "should have considered alternative remedies," such as a jury instruction about the mother's …
GARY MATUSOW, D.O. VS. JAMES IZANEC, M.D., ET AL. (C-000054-16, C-000025-17, C-000026-17, C-000042- 17, L-0304-17, LT-0370-17, AND LT-0371-17, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished
Opinions
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… PER CURIAM This knotty litigation arises out of competing claims by several doctors who once worked together … began to 20 A-1796-19 have issues with staffing because per diem nurses would only agree to work on days when an … he doubted Matusow would agree to the call penalty, and in fact, Matusow did not even respond to the proposal. 4 …
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… by failing to sua sponte hold a hearing to determine his competency to stand trial. He also challenges his sentence, … and was based on the court 's consideration of improper factors. Having reviewed the record in light of the … witnesses against him and to a jury trial. He provided a factual basis for his guilty pleas to the charges of …
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… While still married, plaintiff purchased a landscaping company known as Anchor Landscaping and Anchor Property … counsel fees and costs, addressing each of the applicable factors under the court's rules. Based on its thorough … costs and attorneys' fees. It also found support in the fact that defendant acted unreasonably when he continually …
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… thereby leaving to the trial court any lingering as-applied factual disputes or other claims. For the reasons that … primary election prescribed by Executive Order 144 did not comport with the federal constitution, we conclude that … Clause encompasses more than just legislative lawmaking bodies. In Arizona State Legislature v. Arizona Indep. …
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… of eight counts of sexual assault and other offenses he committed against his fiancé's minor daughter, K.I. … the jury that it was "simply a 18 A-3031-18 question of fact that must be decided by the jury. You must not … of any other evidence showing otherwise, the judge made a factual finding that neither the State nor defense counsel …
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… and N.J.S.A. 2C:2-6; first- degree conspiracy to commit arson, N.J.S.A. 2C:17-1 and N.J.S.A. 2C:5-2; and … INDICTMENT ARE UNCONSTITUTIONALLY VAGUE AS APPLIED TO THE FACTS OF THIS CASE C. THE ENTIRE VERDICT MUST BE VACATED … EACH PROSECUTION UNDER THE STATUTE CONSTITUTES A DE FACTO PATENT AND GROSS ABUSE OF DISCRETION ABSENT ATTORNEY …
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… GARY WAGNER, IVAN BARON, H.P. ROOSEVELT URBAN RENEWAL COMPANY, LLC, CAMBRIDGE CORPORATE SERVICES, INC., LOCAL 621, … funding formula without resort to other legislative remedies. They assert the Court "made it crystal clear that . . … avoid their constitutional obligation was premised on the fact that the State was not meeting its obligation under …
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… his guilty plea colloquy, defendant admitted the following facts. On the evening of May 10, 2015, he consumed beer and … consecutive days per week," with his "work schedule to be accommodated to the extent possible." Defendant began serving … 15, 1994. 6 A-0452-16T4 90 days, served [performing community service in such form and on such terms as the …
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… are several residents and two environmental groups who complain the present construction of the CDF disturbs the … administrative record. In doing so, we note no adjudicatory factfinding hearings were conducted, although the parties … generate 146,850 CY of air capacity. Assuming a bulking factor of 1.3, this would give us approximately 113,000 CY …