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… Farfan called Mandee's customer service department to complain about her treatment by Aviles. The message was … regional manager Ronda Hisiger called Farfan to discuss the complaint. Farfan told Hisiger that Aviles accused her of … Aviles argues that, because she was acting within the parameters of company policy, her employer's termination of …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … the defendant takes no action to respond to the foreclosure complaint, and where the record reflects no excuse for the … due process; (3) attorney error is not excusable; (4) subparagraph (f) of R. 4:50-1 is used sparingly; and (5) 5 …
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… appeals from an order of summary judgment in favor of the company and its President, John Sweeney, Jr., on claims of … Failure to Accommodate Disability Claim. 2. Plaintiff's Disparate Treatment Disability Claim. 3. LAD Claim Against … 1998) (quoting Wooten v. Acme Steel Co., 986 F. Supp. 524, 526-27 (N.D. Ill. 1997) (noting there are "two distinct …
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… principal, Michael A. Walter, drafted estimates for completion of the job and submitted his "Proposal" dated … Although the third-floor rental rooms were completed on May 26, 2004, restoration of the first and second floor rooms … with defendant and outlined the attempts to find a comparable unit. Defendant expressed concern regarding the …
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… and in his official capacity as a West Amwell Township Committeeman, JAMES CALLY, individually and in his official … markings, and case law, In re Mallon, 232 N.J. Super. 249, 262 (App. Div. 1989) and In re Sadlon, 88 N.J. Super. 37, 40 … to N.J.S.A. 19:31-11(a) to -11(c), alleging the statute disparately discriminates against voters who move intra - …
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… Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. In the … oncologist, as her medical-causation expert. In preparation of his report, Dr. Levin reviewed "various billing … motion to exclude Dr. Levin's report and testimony. On May 26, 2021, defendant moved again to exclude them. In support …
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… jury trial, defendant was convicted of conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and … not a substitute for a direct appeal. State v. Mitchell, 126 N.J. 565, 583-84 (1992) (citing State v. Cerbo, 78 N.J. … entitled to testify on [their] own behalf under Article I, paragraphs [one] and [ten] of our State Constitution." State …
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… restraining order (FRO), dismissing her domestic violence complaint, and dissolving her temporary restraining order … restraints, prohibiting both parties from "engag[ing] in disparaging or inflammatory communication utilizing social … which we review de novo. Thieme v. Aucoin-Thieme, 227 N.J. 269, 283 (2016). The entry of a final restraining order …
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… assaulted her in his apartment while their son was in a separate room. She later amended the TRO, first on June 19, … with his counsel claiming "the Fifth Amendment is such a compelling amendment, it is bedrock a part of due process … A-3899-22 6 N.J. 458, 482 (2011)); see also S.K. v. J.H., 426 N.J. Super. 230, 238 (App. Div. 2012). Consequently, …
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… Argued December 4, 2023 – Decided January 26, 2024 Before Judges DeAlmeida and Berdote Byrne. On … three-day bench trial, the trial court found defendant had committed the predicate act of harassment and found him in … the temporary restraining order (TRO) but found he did not commit the predicate act of criminal mischief. It also found …
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… 1978 to 1982, when they were members of the club.3 Seeking compensatory and punitive damages, plaintiffs sued the New … County BGC, BGCA moved under Rule 4:6-2(b) to dismiss the complaints for lack of jurisdiction. The motion was denied. … Mastondrea v. Occidental Hotels Mgmt. S.A., 391 N.J. Super. 261, 268 (App. Div. 2007)). 5 We do not address whether New …
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… Krakora, Public Defender, attorney for appellant (Richard Sparaco, Designated Counsel, on the brief). William A. … appeal, State v. J.A.M., No. A-0928-16 (App. Div. Sept. 26, 2018) (slip op. at 1), and in the PCR judge's February 9 … "[t]rial counsel failed to fully investigate the case and communicate with [d]efendant, as well as represent …
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… Currier, Firko, and Susswein. On appeal from the New Jersey Commissioner of Education, Docket No. 92-6/21. Christopher … J. Platkin, Attorney General, attorney for respondent Commissioner of Education (Laurie L. Fichera, Deputy … the June 16, 2022 final decision of the Acting New Jersey Commissioner of Education (Acting Commissioner) requiring …
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… Vernoia, Firko and Natali. On appeal from the New Jersey Commissioner of Education, Docket No. 91-6/21. David B. … 183 N.J. 477, 492 (2005) ("The Legislature's intent is the paramount goal when interpreting a statute and, generally, … Sanchez v. Fitness Factory Edgewater, LLC, 242 N.J. 252, 261 (2020)). In our interpretation of a statute, we are …
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… acquire Shree's real property by eminent domain, appointing commissioners, and denying Shree's motion to dismiss Seaside … an optimal site for a new well because it is sufficiently separated from existing wells. The borough engaged an engineer … ." N.J.S.A. 40A:12-5(a); Twp. of Hillsborough v. Robertson, 260 N.J. Super. 37, 42-43 (Law Div. 1992). the inspector to …
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… was arrested and charged with various sexual offenses after complaints of inappropriate touching from four female … the filing of criminal charges, the Board filed a verified complaint and order to show cause alleging Irby had engaged … 298, 301 (App. Div. 1998); In re Dennis, 385 N.J. Super. 269, 375 (App. Div. 2006). When an agency's final …
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… robbery, N.J.S.A. 2C:15-1(a)(2) (count one); first-degree accomplice liability, N.J.S.A. 2C:2-6(c)(1)(b) (count two); … The State agreed to dismiss the remaining charges and recommended defendant be sentenced in the second-degree range … Dec. 16, 2019) (slip op. at 9). In June 2021, the PCR judge commenced an evidentiary hearing. Defendant and his plea …
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… v. JOHN BACZKOWSKI, Defendant-Appellant. Argued April 26, 2023 – Decided November 30, 2023 Before Judges Haas and … from the July 16, 2021 order of the Chancery Division compelling specific performance of a contract for the sale … Hendel and the other buyers were identified in the first paragraph of the contract. He stated that this was the first …
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… they were negligent. Defendants brought a third-party complaint against plaintiff's employer, Express. After one … Among other things, the Far Brook-Durso contract recited in paragraph 1 that "Far Brook Homes is delegating its complete … violated the following OSHA standards: 29 C.F.R. § 1926.20(b)(1) (employer responsibility to maintain accident …
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… testimony at the March 15, 2023 suppression hearing and accompanying body worn camera (BWC) footage. At approximately … is deferential . . . ." State v. Nyema, 249 N.J. 509, 526 (2022). "[A]n appellate court reviewing a motion to … Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution, in almost …