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… Deputy Attorney General, argued the cause for respondents Commission of Education and the State Board of Education … intent." Cashin v. Bello, 223 N.J. 328, 335 (2015). "[T]he best indicator of that intent is the statutory language." … "the establishment of a charter school program is in the best interests of the students of this State and it is …
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… they "didn't want to interfere with the problem that was coming up" and wanted "to stay away" from their parents. The … abuse of discretion: Ultimately, the trial court is in the best position to determine whether the jury has been … maintaining the appropriate courtroom atmosphere will be best in all situations. We think there are at least three …
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… the judge awarded damages to the sisters, he also awarded commissions and fees to Valley. On appeal, Valley asserts … if a trustee believes the restriction is not in the best interests of the beneficiary, it should seek the … trial judges develop a feel of the case and are in the best position to make credibility assessments. Ibid. We will …
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… nine, seven, and four. In March 2013, plaintiff filed a complaint for divorce, seeking dissolution of the marriage, … for all custody determinations has always been 'the best interest[s] of the child.'" Faucett v. Vasquez, 411 … N.J. 276, 317 (1997)). "Custody issues are resolved using a best interests analysis that gives weight to the factors set …
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… appeal (A-0164-15) concerns the dismissal of 514 Accutane complaints involving plaintiffs who were prescribed and 3 … the physician had to "[r]ead" the S.M.A.R.T. Guide to Best Practices, and "[s]ign and return" a letter of … was a risk associated with the ingestion of Accutane. In revisiting these issues, which Judge Higbee had already …
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… Cross-Appellant, and XL SPECIALTY INSURANCE COMPANY and S.M. ELECTRIC COMPANY, INC., Defendants, and TAK … to authorize termination for any reason that is in the best interests of the government so long as the contracting … recognizing that generally the statutory language is 'the best indicator of [the Legislature's] intent.'" Tumpson v. …
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… in September 2012 on two counts of first-degree attempt to commit murder, N.J.S.A. 2C:11-3(a) and 2C:5-1; two counts of … said in that room." The court responded, [COURT]: Look, the best that the Court can do is just hear the evidence, … and if we have a curative instruction, I think that is the best. Before playing the entire tape, the judge gave the …
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… began in 2003 with the filing of plaintiff John M. Hammer's complaint. The years of litigation which followed include … court "look[s] at the contract with fresh eyes." Kieffer v. Best Buy, 205 N.J. 213, 223 (2011). "[U]nambiguous contracts … Super. at 193. This is because a trial court is "in the best position to weigh the equities and arguments of the …
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… THREE SEPARATE THEORIES OF LIABILITY: MURDER AS AN ACCOMPLICE; CONSPIRACY TO COMMIT MURDER; AND GUILT OF THE … who she identified in court as "Pimp[,]" and defendant's best friend, 8 A-3677-13T2 Jackson. Those were the "main … discretion of the trial court, as that court is in the best position to conduct the balancing required under [State …
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… provided care to Mrs. Applegrad during her labor. The nurse communicated with Dr. Bentolila several times during that … prior opinions of this court and the Supreme Court, we revisit the pertinent chronology of events in light of the … is a medical reason indicating it is not in the patient's best interest to do so. In this instance, because Mrs. …
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… ITS DISCRETION WHEN IT REFUSED TO DISMISS JUROR NO. TWO FOR COMMENTING OUT LOUD ON DEFENSE TACTICS IN THE JURY ROOM. THE … . . ., but about how reliability can 23 A-4021-14T2 best be determined." Crawford, supra, 541 U.S. at 61, 124 S. … and evaluate the evidence. The trial court is in the best position to determine whether the jury has been …
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… "approximately two years" and she had caused a "loss to the company" in the millions of dollars. After her interview … answer any . . . questions." She responded, "I will try my best until—I need a lawyer."4 In response to questions posed … with a statement detailing what she did, and she made her best effort to try and obtain some of the goods back or …
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… FUTURE NOW ENERGY, LLC, an Illinois Limited Liability Company, FUTURE NOW ENERGY LIMITED PARTNERSHIP, a Michigan … Div. 1987). We interpret a contract de novo. Kieffer v. Best Buy, 205 N.J. 213, 222 (2011). "Accordingly, we pay no … 220 N.J. Super. 250, 257 (App. Div. 1987). Once it did revisit the issue, its decision to allocate an equal portion …
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… counts that were charged in an indictment alleging that he committed various acts of sexual assault and related crimes … duty . . . or . . . obligation" to "to interpret to the best of [his] ability.'' By that, Sanchez meant his duty was … It added that, ''the State, as well as the defendant, is best served by the use of a capable translator during an …
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… plaintiff Port-Man-GB Associates, LLC, $180,230 and to complete the remediation of the shopping center property.1 … estate investors were anxious to make a deal on terms that best suited their immediate interests. Once Port-Man … assignment. Reviewing the language de novo, see Kieffer v. Best Buy, 205 N.J. 213, 222 (2011), we have no hesitation in …
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… 2C:14-3(a) (count six).1 He also appeals from his concomitant aggregate sentence of forty-five years' … he knew him, and that he was going to try to help [her] as best as he could." The next day, Rodgers forwarded L.R. a … In Parton, we explained that tracking evidence is, "at best, circumstantial and corroborative evidence[,] which the …
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… order. 4 Although "contempt" proceedings may be properly commenced for a violation of a Family Part order, we are … fees and costs is denied. Plaintiff shall use his best efforts to sell assets with a value of at least $30,000 … be insufficient to satisfy same. The receiver proposed revisiting the arrearage issue on the return date of …
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… her not to execute the agreement because it was not in her best interest. Nevertheless, plaintiff stated she understood … valuation report prepared by an accounting firm for his company, Raceway Petroleum, Inc. (Raceway), which, along … jurisdiction and expertise in family matters.'" Thieme v. Aucoin- Thieme, 227 N.J. 269, 282–83 (2016) (quoting Cesare v. …
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… strike defendants' affirmative defense under the Workers' Compensation Act (WCA), N.J.S.A. 34:15-1 to -146. Bove also … fraudulently concealed employees were suffering from asbestos-related diseases (thereby delaying treatment and … American Rule because "sound judicial administration will best be advanced by having each litigant bear his own …
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… and plaintiff named him as a defendant in a first amended complaint. During B.M.D.'s deposition, she was asked about … of another, a mental-health professional is often in the best position to determine "whether a patient presents a … pure speculation or conjecture, or the probabilities are at best evenly balanced, it becomes A-1255-18T3 25 the duty of …