-
njcourts.gov
… LIMITED I/S/H/A MACQUORIE GROUP LIMITED, KIEWIT DEVELOPMENT COMPANY, and THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, … establish, adhere to or enforce a safety policy, procedure, process, or guideline as required by the [h]ealth and … to duties." Dunphy v. Gregor, 136 N.J. 99, 108 (1994). "Ultimately, [determining] whether a duty exists is a matter …
-
A-19-24 Attorney General Amicus Curiae Brief
Briefs
njcourts.gov
… 12 In re Proposed Const. of Compressor Station (CS327), 258 N.J. 312, 325 (2024) … recognized that the divergent views of K.L.F. and P.M., but ultimately agreed with K.L.F. FILED, Clerk of the Supreme … For instance, malicious prosecution and malicious-use-of-process claims (most commonly asserted against public …
-
njcourts.gov
… appeals from the March 25, 2024 order denying his motion to compel defendants to produce non-party Heinz Reiff for a … on Gunnarsson's "unlawful, 7 A-0084-24 fraudulent conduct." Ultimately, Gunnarsson stopped speaking to plaintiff … had a direct supervisory role over this decision- making process along with Übelacker. The trial court abused its …
-
njcourts.gov
… permitted to supervise the other, even if one parent was to complete all recommended substance-abuse treatment. These orders also … and denied any involvement with the family as a supervisor. Ultimately, Ellen admitted she had lied about Cassidy and …
-
njcourts.gov
… her. Stacey was shot sixteen times. After law enforcement processed the scene and interviewed witnesses, they … of the proceedings. On September 24, jury selection recommenced. On October 1, while jury selection was … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). The …
-
A-33-24 Respondent Brief
Briefs
njcourts.gov
… .. .................. 8 IV. NJTA Seeks to Have This Comt Ignore the Appellate Division's Reliance on the Pait … Bonds and NJTA must award the Project to El Sol and in the process is saving $10 million as compared to NJTA's current … with an appellate ruling, particularly when that ruling ultimately benefits the public agency. NJTA has the burden …
-
njcourts.gov
… for first- degree murder, first-degree conspiracy to commit murder, and related weapons offenses. He contends: … However, we agree with defendant that his discovery and due process rights were violated by the State's failure to … is why the detectives tried to go speak with him and were ultimately denied access to him because of his juvenile …
-
njcourts.gov
… Germinario appeals from summary judgment dismissing her complaint for age discrimination in violation of the Law … "[a]lthough the burden of production shifts throughout the process, the employee at all phases retains the burden of … 438, 443 (App. Div. 1964) ("Mere sworn conclusions of ultimate facts, without material basis . . . are …
-
njcourts.gov
… not wish to obtain a temporary restraining order (TRO) or complete an affidavit that evening. Because P.K. was heavily … slip op. at 7.] We added, "[s]hould the trial court ultimately determine the warrant is invalid, the evidence … also found: Based on [P.K.'s] allegations, Morganstern processed the TRO and filed criminal charges against …
-
njcourts.gov
… The Association is managed by a Board of Trustees (Board), comprised of seven members, who are all unit owners. … judgment but remanded the matter for reconsideration of the ultimate amount of attorneys’ fees. We hold that the … 172, 183 (2017) (quoting Kieffer, 205 N.J. at 223). In that process, “[o]ur only charge is to give a faithful and …
-
njcourts.gov
… Atlantic County Prosecutor's Office [(ACPO)] made public complaints against the ACPO and specifically, Prosecutor … evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to … was listed as a defense witness prior to trial but was ultimately not called to testify at trial." Defendant …
-
njcourts.gov
… Through her counsel, plaintiff filed the divorce complaint in 2019. The litigation became contentious, with … without resultant detriment to the decision[-]making process . . . ." State v. Kern, 325 N.J. Super. 435, 444 … litigation. The court was more than capable of limiting its ultimate findings of fact and conclusions of law to the …
-
njcourts.gov
… trial court orders that resulted in the dismissal of her complaint for lack of subject matter jurisdiction, in which … seeking to undo or revise any administrative decision or process"; and (4) her claims that defendants discriminated … plaintiff's LAD complaint. We offer no opinion as to the ultimate merits of her LAD claims or defendants' defenses. …
-
njcourts.gov
… defendant from having parenting time. The domestic violence complaint alleged defendant committed terroristic threats … matter. She claimed plaintiff abused the PDVA and the legal process "for over half a decade" to gain the upper hand in … judge found plaintiff "has taken every effort to delay the ultimate adjudication of [the] post-judgment [matter]." As …
-
njcourts.gov
… the driver because the front windows were rolled up and "completely tinted." After Soulias pulled the vehicle over, … partner Longhitano searched the interior of the Suburban, ultimately seizing a Jennings nine-millimeter handgun loaded … is discussion about another crime . . . that was allegedly committed does not have . . . any reference to your …
-
njcourts.gov
… action verdict with respect to plaintiff's negligence-based complaint, plaintiff filed this appeal challenging a … 4:9-1 (1998)). This 14 A-0806-23 is the case "even if the ultimate merits of the amendment are uncertain." G&W, Inc. … R. 4:9-1). "That exercise of discretion requires a two-step process: whether the non-moving party will be prejudiced, …
-
njcourts.gov
… WERE TAKEN. POINT II DEFENDANT WAS DENIED HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL BY THE ADMISSION OF TESTIMONY FROM … (a) A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle . . . [that … State has met its burden of proof. Id. at 419. The Court ultimately ruled that the trial judge's failure to explain …
-
njcourts.gov
… we use first names for the individuals sharing a common surname. 5 A-1481-22 individual drove to a location … also points out defendant's counsel would 12 A-1481-22 ultimately request transcripts of the "dozens of witnesses" … should "balance the potential prejudice to defendant's due process rights against the State's interest in judicial …
-
njcourts.gov
… later to his parents and police. Ibid. The child's badly decomposed remains were not recovered on the marshy banks of … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 … a defense. This right is a fundamental element of due process of law." State v. Fort, 101 N.J. 123, 128 (1985) …
-
njcourts.gov
… damaged by Sandy to bypass the requisite zoning approval process to elevate the structure and repair the damage. … work order. Plaintiff instituted suit against the Borough. Ultimately, the parties settled their dispute and the court dismissed the complaint. The court granted 1 Superstorm Sandy struck New …