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… in violation of the Rules of Professional Conduct. A Superior Court judge voided the agreement, and the Appellate … actions when a retainer agreement includes an hourly fee component. Those obligations are discussed in numbered … to a certified civil trial attorney.” Id. at 242. The Court stresses the variety among LAD cases, the fact that some of …
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… Division reversed and remanded for a new hearing. 455 N.J. Super. 492, 506-07 (App. Div. 2018). The Court granted … to waive them. Because A.A.’s inadmissible statements comprised a substantial part of the proofs against him, a … offer support and assistance. See id. at 54. This Court has stressed the critical role parents have when juveniles are …
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… the exclusive jurisdiction of the Public Employee Relations Commission (PERC)? Second, do the plaintiffs here have … agreements and were entitled to rely on those promises. Stressing the import of the “Savings Clause” of the 2015 … negotiator, the Association proposed an increase in the per diem compensation for the first one hundred days of unused …
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… and that certain sentences arising from crimes committed in the same criminal episodes should run … imposed on remand. JUSTICE ALBIN, dissenting in part, stresses that none of the parties suggested at trial, before … Keith V. Cuff, Defendant-Appellant. On certification to the Superior Court, Appellate Division. Argued February 25, 2019 …
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… into evidence and the prosecutor’s remarks were fair comment on the evidence. During deliberations, the jury sent … for further proceedings. JUSTICE LaVECCHIA, dissenting, stresses that although prosecutors may piece together … defendant’s residence, showed two black males wearing hoodies walking through the park toward defendant’s residence …
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… further pointed to other investigatory failings or shortcomings, citing as “shocking” the failure to interview … Court notes that a buccal swab is minimally intrusive and stresses that it is considering only a Rule 3:5A application … v. Rafael Camey, Defendant-Respondent. On appeal from the Superior Court, Appellate Division. Argued January 2, 2019 …
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… N.J.S.A. 40:55D-69; N.J.S.A. 40:55D-23(b). That ethical commandment is at the heart of this appeal, which involves … is meaningful will be fact specific in each case. Stressing that the potential disclosure of highly intimate … Conte, Jr., Defendants-Respondents. On certification to the Superior Court, Appellate Division. Argued November 28, 2018 …
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… additional testimony would not have altered the trial’s outcome. The Appellate Division affirmed in an unpublished … in the house, the group included Kim Minus, her boyfriend Eddie Henderson, his cousin Karon Henderson, and three other … testimony that the jury may have found incredible, and stresses that the Florida relatives could have not attested …
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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 …