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… appeal is whether a civil defendant sued by an insurance company for violating the Insurance Fraud Prevention Act … 17:33A-7(a). The IFPA does not set forth equitable remedies for private-party insurance actions, but that does not … as the “hallmark of a legal action.” Defendants further stress that in JCP&L, supra, 212 N.J. 576, we adopted …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … the Appellate Division affirmed. State v. Wright, 431 N.J. Super. 558 (App. Div. 2013). The panel agreed that the … at 271 (D’Annunzio, J.A.D., dissenting). The dissent also stressed that “the police were not invited to view specific, …
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… On direct appeal, defendant argued that the trial court committed reversible error by failing to provide the jury … 6, 2014 – Decided August 5, 2014 On certification to the Superior Court, Appellate Division. Jenny M. Hsu, Deputy … 3106, 92 L. Ed. 2d 460, 470 (1986))). The Court further stressed that [i]n applying harmless-error analysis to these …
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… In the Matter of Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (A-22-13) (072810) Argued … whether a volunteer pro bono attorney may represent a low-income debtor in a no-asset Chapter 7 bankruptcy matter even … that echo VLJ’s position. Among other points, the NJSBA stresses that the ACPE’s opinion will have a negative effect …
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… well as his employer’s policy with Harleysville Insurance Company. Plaintiff filed a UM claim, which proceeded to … in D’Antonio v. State Farm Mut. Auto. Ins. Co., 262 N.J. Super. 247, 249-50 (App. Div. 1993), an underinsured … act with subjective malice in handling claims. United stresses the need for guidance and uniform standards to be …
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… as they ran into a nearby yard. Outside of a home in the community where defendant allegedly lived, Pennsville … 22, 2013 – Decided May 19, 2014 On certification to the Superior Court, Appellate Division. Jay L. Wilensky, … noted that the distinction was formalistic, ibid., but stressed that [s]o long as there is no evidence that the …
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… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson … denial of the motion to suppress. State v. Gibson, 425 N.J. Super. 523 (App. Div. 2012). The panel stated that Officer … the Community Center was not open to the public. The court stressed that a “no trespassing sign was posted at porch …
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… (pp. 14-16) 3. Here, defendant’s petition was not accompanied by an affidavit or certification setting forth the … 2013 – Decided September 23, 2014 On certification to the Superior Court, Appellate Division. Lois A. De Julio, … to overcome. We duly note the State’s valid point, stressed in its argument before our Court, that defendant’s …
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… providing legal representation to clients involuntarily committed in state psychiatric facilities, including Ancora … on qualified-immunity grounds. Gormley v. Wood-El, 422 N.J. Super. 426 (App. Div. 2011). Although the panel determined … sleep disturbances, extreme fatigue, and post- traumatic stress disorder. In 2009, she was on a four-day work …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS … negligent and intentional infliction of emotional distress claims in Counts Six and Seven are preempted by the … of the CBA. Defendants argue under CEPA’s election of remedies provision, plaintiff must plead two different adverse …
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… offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … circumstances of the case.” (quoting DYFS v. K.A., 413 N.J. Super. 504, 510 (App. Div. 2010)). The trial judge adopted … the Legislature chose to exclude.” Finally, the majority stressed that the evidence “showed that defendant hit a …
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… here, the Court first considers when the investigatory stop commenced. Although officers did not tell defendant to … to stop defendant at that point in time, the Court stresses that Officer Goonan unequivocally testified that he … hundreds of drug transactions, which he described as a buyer walking up to another person and exchanging currency …
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… Prepared by the Comt ESTATE OF RONALD DOERFLER AND STEPHANIE DOERFLER, … Vs. CHUBB INSURANCE COMPANY OF NEW JERSEY, Defendant Superior Court of New Jersey Ocean County Law Division … the policy language. B. Anti-Concurrent Clause This Comi stresses the fact that Superstorm Sandy was an event …
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… by defendants1 to dismiss several portions of the amended complaints and second amended complaints of plaintiffs The … “borrowing” of Federal RICO structure, purpose and remedies justifies the appropriateness of “borrowing” the new … Pension Trust, 730 F.3d at 277. Again, the court stresses that the clock on the statute of limitations only …
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… Plaintiff-Appellant, vs. PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Defendant-Respondent. … on medical leave, which he claimed was attributable to the stress of working with these men. PSE&G offered to transfer … to satisfy him at the time. He acknowledged he knew remedies existed and he did not pursue them until the mock …
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… 2 Fourth-Party Defendants, and TRAVELERS INSURANCE COMPANY, TRAVELERS INDEMNITY COMPANY OF ILLINOIS, TRAVELERS … supra, 387 N.J. Super. at 445. "Moreover, our courts have stressed that actual physical damage is required, not just … as a result, Watchung was obliged to pursue separate remedies in separate forums against EWC and others does not …
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… flatly contradicted the Miranda warnings. Justice Albin stresses that, although defense counsel did not raise the … Lastly, the State argues that the trial court properly remedied Seth’s inadmissible testimony with a curative … to the United States Constitution and this state’s common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
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… and found the back door ajar and his television, laptop computer, and gaming system missing. He described the man … for providing truthful testimony. 2 At summation, the State stressed that “[Clarke] was never offered the lowest … request and gave the following instruction to the jury: Ladies and gentlemen, I’m going to strike the last question …
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… seconds later, Officer Devlin opened the driver’s door and commanded that he step out of the vehicle. Defendant did so, … and when there is no legitimate need for credentials. Stressing the Court’s limiting principle—that a warrantless … 11, 2017 – Decided March 14, 2018 - On certification to the Superior Court, Appellate Division. Milton S. Leibowitz, …
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… NFI’s security manager, James Matlock, signed criminal complaints against Trident’s principals. An assistant … been told to recuse himself from Helmer’s cases. The Court stresses that half measures in this area can invite … of crime victims “[t]o be informed about available remedies” and “[t]o be compensated for their loss whenever …