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… or LEED consulting services. Defendant is an owner of commercial real estate. Defendant contracted with plaintiff … these errors "essentially deprived [defendant] of its due process right to be heard 'at a meaningful time and in a … are always subject to the scrutiny of the motion judge and ultimately, to the exercise of discretion in determining the …
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… Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … POINT III - PSL IS AN UNCONSTITUTIONAL VIOLATION OF DUE PROCESS AND FUNDAMENTAL FAIRNESS. II. A PCR court need not … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… Defendants denied such liability. A jury trial commenced on August 24, 2015 against several of the named … numerous days of testimony, but before the proofs were complete, Dr. Laubach's attorney and counsel for other … Plaintiffs accepted the consulting attorney's ultimate recommendations. However, defendant and his insurer …
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… PER CURIAM In this civil action between former spouses on a complaint and counterclaim alleging "malicious prosecution" and "abuse/malicious use of process," the trial court granted NOT FOR PUBLICATION … case, there is "little more" than the fact that plaintiff ultimately prevailed in the action under the PDVA to support …
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… the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … The CBA goes on to provide for a three-step grievance process. First, the grievance is submitted to the Chief. … be a question subject to the grievance procedures, with the ultimate step being binding arbitration. The only limitation …
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… EVERETT, PETER FERRO, GLENN VAN PELL, STEVE POLLACK, LISA MCCOMSEY, CHRIS ROSATI, GERRY RODELLI, SHEREE ROBINSON, PAUL … criticisms of the invoices and contended the grievance process should not serve as an alternate form of collections … OCBA was the lead defendant in this matter. Therefore, the ultimate decision on whether plaintiffs would be reinstated …
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… in 2013.1 The Division of Child Protection and Permanency commenced this action and, after a four- day trial, secured … and she rejected individual counseling during the intake process seven months before trial. The provider of the … as a central factor." K.H.O., supra, 161 N.J. at 357. The ultimate determination to be made under the fourth prong "is …
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… DIVISION DOCKET NO. A-2251-15T1 NATIONWIDE LIFE INSURANCE COMPANY, Plaintiff-Respondent, v. MICHELE JOY THOMPSON, … Effective Date of the reinstated Policy will be the Policy Processing Day which 6 A-2251-15T1 coincides with or next … and the insured reasonably relies thereupon to his ultimate detriment, the insurer is estopped to deny coverage …
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… defendant in a conversation about where he was going to and coming from before he was stopped. During the encounter, … that "this heightened nervousness from a grown adult" was common with criminal activity, and it "heighten[ed his] 3 … and a package of rubber bands."2 Nonetheless, the judge ultimately held that the second search of defendant was …
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… to the United States from Israel in the 1980s, eventually becoming a United States citizen. He met his first wife, … appointed temporary administrator of the estate pending her ultimate appointment as executrix and trustee of the trusts … in the notice of appeal which are subject to the appeal process and review." Pressler & Verniero, Current N.J. Court …
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… in the notice of appeal that are subject to the appeal process and review."). 3 A-2135-16T3 I Shayna was born in … investigated the cause of her facial bruising and swelling; ultimately, they concluded she sustained a "facial … On March 23, 2015, the Division filed a verified complaint for care and supervision of Shayna, pursuant to …
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… custody and child support order in New Jersey. In his accompanying certification, plaintiff averred that "[d]uring … appropriate paperwork to start the interstate child support process." When defendant failed to return the children, the … over seven months after the deadline to appeal, and we ultimately dismissed the appeal as untimely. While that …
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… until he inappropriately touched her, which made her uncomfortable. As a result of the referral, the Division … developmental level of the child; the clinical interview process, which determines whether the child is able to … understanding of rules, truths and lies, and that she ultimately made purposeful disclosures in terms of the …
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… Martinez for the present weapons-related offenses were ultimately dismissed. 2 Padilla was sentenced to a … CHARGES VIOLATED DEFENDANT’S CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL AND N.J.R.E. 404(b). POINT II THE … . . . connected together or constituting parts of a common scheme or plan." Indeed, Rule 3:15-1(b) bars …
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… brain concussion, drug effects, sleep deprivation, or any combination thereof" which "is not a matter that can be … the defense could have called an expert who could have overcome the 2 Strickland v. Washington, 466 U.S. 668, 687-88, … it as inadmissible and disregard it in determining the ultimate issue of guilt or innocence). 4 State v. Kociolek, …
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… his reasonable expenses in light of his imputed income." Id. at 23. In a comprehensive written statement of reasons that accompanied … id. at 559, while here it was the central unresolved issue ultimately decided against defendant. In Quinn, 225 N.J. at …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … matters of great public 7 A-2124-17T4 interest.'" Kvaerner Process, Inc. v. Barham-McBride Joint Venture, 368 N.J. … and applied a factual analysis and conclusion to each. Ultimately, he found "the affirmative presence of all five" …
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… plate numbers of the three vehicles into his patrol car computer and found that one of the vehicles, a 2003 … undisputed that defendant's vehicle was not registered as a commercial vehicle and he used it for pleasure, not for … 490 U.S. 1, 7 (1989) (quoting Terry, 392 U.S. at 27). Ultimately, "courts will not inquire into the motivation of …
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… Count Three would be dismissed, and the prosecutor would recommend four years' probation conditioned on defendant serving 364 days in county jail. Defendant completed a written plea form and stated "yes" in response … a reasonable likelihood that his or her claim . . . will ultimately succeed on the merits." Ibid. The court shall not …
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… the suppression record and the applicable law, we are compelled to reverse. I. We discern the following facts from … card, which he confirmed was expired. Defendant said he was coming from a party; he denied any prior arrests, but a … of the plain feel doctrine, the court did not make the ultimate determination whether this exception could justify …