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… opinion of the court was delivered by OSTRER, J.A.D. Are commissioned real estate salespersons exempt from the Wage … "economic realities" test in FLSA case). But the department ultimately opted to formally adopt the ABC test, even though … us, we express no opinion regarding whether plaintiffs will ultimately succeed under the ABC test for the period before …
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… “if the industrial establishment is already in the process of a remediation.” N.J.S.A. 13:1K-11.5(a). To … being remediated by a prior owner or operator” and that a compliant “remediation funding source” (RFS) has been … once a property falls out of with a benefit because we ultimately hold that there is no entitlement to a purported …
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… got out of the car 5 A-0941-22 and heard Szbanz say "he's coming right back out where he went in." When Carrigg heard … identified defendant as the man Szbanz chased, tackled, and ultimately arrested. According to Szbanz, from the time he … POINT I THE TRIAL JUDGE UNDULY RESTRICTED DEFENDANT'S DUE-PROCESS AND SIXTH- AMENDMENT-BASED RIGHT TO PRESENT A 13 …
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… positive for fentanyl in April and May of 2023, and never complied with additional testing. F.K. underwent a substance … and oriented, expressed "[n]ormal" thought content and processes; however, demonstrated "[l]imited" insight and … his condition or the risks to K.L. in the future. Ultimately, Dr. Loving testified reunification of defendants …
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… brought this action alleging that attorney Anthony Boyadjis committed legal malpractice in preparing the 2018 wills of … Their 2018 wills were probated over a challenge by Helen. Ultimately, the church and the neighbor each agreed to … in the testamentary document.” Ibid. The Appellate Division ultimately dismissed plaintiff’s complaint. See id. at …
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… the victim's personal belongings, including her cell phone, computer, credit cards, identification, and the bloody bed … The victim did not experience any fractured bones. It was ultimately determined that she suffered from Post- … but no bottles of alcohol. At the police station, Kinkler processed defendant, and, based on his training, the officer …
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… for substance abuse and psychological assessments. R.H. completed a substance abuse evaluation with a provider, who … to the treatment facility's attempts to reach her, and was ultimately discharged for noncompliance on July 29, 2019. … visits, but they did not comply. In- person visitation ultimately resumed in July 2020. On March 30, 2020, the …
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… in detail the plea agreement offered including sentencing recommendations," the handwritten response was "NONE." … and the victim. 15 A-3752-23 Regarding the plea negotiation process, defendant's trial counsel did not recall precisely … as untimely raised under Rule 3:22-4(a). The PCR court ultimately concluded defendant failed to meet his burden as …
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… DETERMINING THAT THE STATE'S FAILURE TO DISCLOSE EVERETT'S COMPLETE ARREST RECORD WAS NOT MATERIAL TO THE JURY'S … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Id. at 355 (quoting R. … dignity of the court and to the integrity of the judicial process . . . ."). The Taccetta Court explained: Rule 3:9-2 …
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… CONSTRUCTION, LLC, Defendants, and IRONSTATE DEVELOPMENT COMPANY, IRONSTATE NOT FOR PUBLICATION WITHOUT THE APPROVAL … filed an answer denying AJD's cross-claim. The discovery process included a deposition of a Grand LHN corporate … AJD. AJD controlled all activities at the site and had the ultimate responsibility for site safety. The project manager …
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… appeals his jury trial convictions for four armed robberies committed against separate victims on separate occasions … of not being able to function. 15 A-3502-22 The court ultimately determined that the IEPs would be excluded, … Defendant asserts that he has a "lifelong difficulty with processing and understanding new information." However, …
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… Act (CJRA), N.J.S.A. 2A:162-15 to -26, has three principal components. First, it allows for pretrial detention of … of the community, and the integrity of the criminal justice process. A rebuttable presumption of detention exists when … consider the Committee’s findings and recommendations, and ultimately adopted a proposal to amend the State …
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… the Court considers whether defendant Noah Mosley’s due process rights were violated because the State relied on … lot, Zundel ordered them to stop. The minivan driver complied, but the Mercedes driver did not. Zundel was unable … initially produce evidence of a violation and then meet its ultimate burden of proving the violation by a preponderance …
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… may not have been summarized.) Continental Insurance Company v. Honeywell International, Inc. (A-21-16) (078152) … a dangerous product without insurance become the ultimate insurer for its actions. Justice Albin concurs in … assumption of insurance risk not assumption of tort risk. Ultimately, the trial court agreed with Honeywell that the …
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… of fact, and with experience in fulfilling that role comes expertise. Duplication of the trial judge’s efforts in … the trial court were reasonable and that the trial court’s ultimate determination was not clearly mistaken. We … be viewed through the prism of “a subjective interpretation process,” then the Appellate Division panel should have …
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… of her home. Detective John Steet of the State Police accompanied him. The detectives arrived at Brown’s apartment, … issues also associated with the entry into the apartment. Ultimately, the question of qualified immunity was … at 820-24, 104 S. Ct. at 3393-96, 82 L. Ed. 2d at 618-22. Ultimately, Segura did not provide a controlling 22 opinion …
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… and records of investigations in progress, as well as the common law right of access. On September 16, 2014, a North … point, Ashford tried to ram a patrol car head-on. Ashford ultimately lost control of his vehicle and crashed it into a … citizenry and to minimize the evils inherent in a secluded process.” Mason v. City of Hoboken, 196 N.J. 51, 64 (2008) …
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… surveillance duty for around seven months. Royster filed a complaint against the NJSP. Relevant to this appeal, Royster … by CEPA’s waiver provision at the close of his case. Ultimately, only Royster’s CEPA retaliation claim and ADA … THE COURT: Well LAD also talks about retaliation. Ultimately, only two of plaintiff’s claims against the NJSP …
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… were after her. She also reported auditory hallucinations commanding self-harm. Officers transported T.E. to the … T.E. for immediate psychiatric 5 assistance allowed the ultimate harm realized. What’s more, Martinez increased the … her information -- endangering Coleman and Johnson in the process. 6 We granted certification following an earlier …
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… a child, N.J.S.A. 9:6-8.46(b)(1), and the Judiciary has no commission to exercise equitable powers to alter the … to have committed an act of abuse or neglect, a fair process and hearing. Those procedural protections require … or neglect. Significantly, under traditional res ipsa, the ultimate burden of persuasion always remains with the …