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… Argued September 23, 2020 – Decided August 13, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the … against defendants Rose, Meineke, and Seeger alleging common law negligence, and negligent supervision by Meineke … would "be able to resume an active lifestyle and pain-free daily life." This prognosis 15 A-4426-18 pertained only …
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… Submitted May 11, 2021 – Decided July 16, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … was convicted by jury of second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2(b)(2) … two of his codefendants after McMorrow stopped a 2004 Jeep, Freedom Edition, with distinctive chrome roof-racks and …
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… Submitted January 31, 2022 – Decided February 8, 2022 Before Judges Fasciale and Vernoia. On appeal from the … indictment charged that on November 25, 2015, defendant committed the following nine offenses: third-degree … defendant's testimony, the court found he entered his "plea freely and voluntarily" upon the "advice of competent …
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… Argued January 29, 2020 – Decided April 28, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … Prior Bad Act Testimony. POINT IV. THE CUMULATIVE ERRORS COMMITTED BY THE TRIAL COURT DENIED DEFENDANT A FAIR TRIAL … whether the confession was "the product of an essentially free and unconstrained choice by its maker . . . ." State v. …
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… telephonically May 26, 2020 – Decided August 6, 2020 Before Judges Messano, Ostrer and Vernoia. NOT FOR PUBLICATION … Carey Curtin (Carey), residents of Ontario, Canada, would become majority shareholders and directors in Onyx.2 Pathak, … regarding Onyx's waiver of the privilege. Plaintiffs are free to make that argument in the trial court. 23 …
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… Submitted January 21, 2020 – Decided March 5, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … drew five to ten thousand attendees at any given time. To accommodate the large crowd, United provided portable … Rahway, 168 N.J. 191, 199 (2001)). An appellate court is "free to affirm the trial court's decision on grounds …
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… Plaintiff-Appellant, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, ANNE H. MOCKRIDGE, and OSCAR A. MOCKRIDGE, III, … Argued November 4, 2019 – Decided March 19, 2020 Before Judges Fasciale and Rothstadt. NOT FOR PUBLICATION … diary entry, Allstate indicated that "[t]he observation of free phase oil seems to indicate a coverage trigger . . . ." …
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… Submitted May 1, 2019 – Decided Before Judges Nugent and Mawla. On appeal from the Department … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-5603. Kotlar, … need not show that the rug was defective or that she was free from fault. Respondent, however, cannot be denied the …
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… Argued December 11, 2019 – Decided Before Judges Haas, Mayer and Enright. On appeal from the … FINDINGS. POINT IV 4 A-4243-17T1 EVEN IF ANY ONE OF THE COMPLAINED-OF ERRORS WOULD BE INSUFFICIENT TO WARRANT … acknowledged that defendant and Bradbury were not free to leave while they were on the highway waiting for the …
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… Submitted September 23, 2019 – Decided Before Judges Ostrer, Vernoia and Susswein. On appeal from the … 2C:39-5(b); second-degree possession of a weapon during the commission of a drug crime, N.J.S.A. 2C:39- 4.1(a); … 445, 450 (App. Div. 1988) ("[A] reviewing court is not free to ignore an illegal sentence." (citing State v. …
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… Submitted October 2, 2019 – Decided January 15, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … verbally abuse the two women by making inappropriate sexual comments. According to the girlfriend, defendant appeared to … v. DiFrisco, 137 N.J. 434, 491 (1994)). Here, the jury was free to find that defendant did not cause any serious bodily …
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… Defendant-Appellant. Submitted November 6, 2019 – Decided Before Judges Accurso, Gilson and Rose. On appeal from the … from her representation of defendant, citing his failure to communicate with her and pay for services she had rendered … (2001). A criminal defendant "is entitled to a jury that is free of outside influences and will decide the case …
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… OFFICER JASON DAUNTON, POLICE LIEUTENANT PAUL PAYNE, and FORMER CHIEF OF POLICE, MANUEL CARAVELA, … code. Id. §§ 216-3 to -4. Anyone who obtains a license must comply with the "rules and regulations as well as with all … the [State's] licensing function and permit it to operate free from . . . the threat of tort liability"); Pinkowski v. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … judgment to defendant Integrity House and dismissing his complaint with prejudice. The trial court determined that … of incorporation is "[t]o keep former drug addicts drug free." Integrity House is a tax-exempt organization under …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to incorporate such a private cause of action into the common law. I James Burns was eighty-eight years old when … See, e.g., N.J.S.A. 26:2H-128(b)(16) (the right to "be free from physical and mental abuse and neglect"). 19 …
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… Argued October 20, 2021 – Decided December 22, 2021 Before Judges Hoffman, Geiger, and Susswein. On appeal from the New Jersey Board of Pharmacy, Division of Community Affairs, Department of Law and Public Safety. … non-pharmacists from competing against them in the free market." 23 A-2080-19 Petitioner relies on N.C. State …
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… Submitted November 1, 2021 – Decided November 24, 2021 Before Judges Sumners and Firko. On appeal from the Superior … "[t]he basis of the alimony is [defendant's] imputed income of $25,000 per year and [plaintiff's] income of … only $6,000." Defendant also owns the marital home debt free, having a value of approximately $268,000. Defendant …
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… Argued September 22, 2021 – Decided November 23, 2021 Before Judges Fuentes, Gooden Brown, and Gummer. On appeal … an unmarked white Crown Victoria sedan, well - known in the community as a police vehicle. At approximately 3:45 p.m., … a police officer accosts an individual and restrains his freedom to walk away." Terry v. Ohio, 392 U.S. 1, 16 (1968). …
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… Argued October 15, 2020 – Decided April 12, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … by the homes closer to the beach. Plaintiffs filed a complaint and order to show cause seeking a declaratory … will not be enforced unless their meaning is clear and free from doubt." Caullett v. Stanley Stilwell & Sons, Inc., …
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… Argued September 21, 2020 – Decided Before Judges Rothstadt, Mayer, and Susswein. On appeal from … counts of the indictment. The prosecutor also agreed to recommend a twelve-year prison sentence with a three-year … inspection of the May package, the State would be free at the ensuing suppression hearing to argue that the …