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… Argued May 15, 2024 – Decided January 6, 2025 Before Judges Gummer and Walcott-Henderson. On appeal from the … on three separate occasions for sexual offenses he committed when he was a juvenile and convicted of … Tier Three and a high risk for re-offense. Ibid. The State ultimately bears the burden of proving—by clear and …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … sexual abuse by Charles.4 Plaintiff filed a second amended complaint alleging Charles breached his duty of care by … as "being able to provide a safe environment" for children. Ultimately, plaintiff contends Charles was …
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… Submitted January 22, 2025 – Decided February 4, 2025 Before Judges Perez Friscia and Bergman. On appeal from the … Street in East Camden. In the neighborhood was "a housing complex, a church, a learning academy, a salvation army … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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… his wife, Plaintiffs-Appellants, v. AMICA MUTUAL INSURANCE COMPANY, Defendant-Respondent. … Argued October 18, 2018 – Decided Before Judges O'Connor and DeAlmeida. On appeal from Superior … the claim against the tortfeasor. While promptness is to be ultimately determined by the circumstances, [thirty] days …
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… Submitted October 30, 2018 – Decided Before Judges Hoffman and Suter. On appeal from Superior Court … for an unlawful purpose, N.J.S.A. 2C:39-4(d), third-degree computer theft, N.J.S.A. 2C:20-25(a), fourth-degree computer … disclosure of the suppressed evidence would have resulted ultimately in the defendant's acquittal." Rather, the …
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… THE MATTER OF THE PETITION OF THE VILLAGE OF LOCH ARBOUR TO FORM AN INDEPENDENT SCHOOL DISTRICT. … Board of Education appeal from the Board of Education's Commissioner's decision authorizing the Village of Loch … as a village in 1957. Before that, the territory that ultimately became Loch Arbour was part of and included …
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… Submitted September 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from the Board of … him. After Torres was transported to the hospital, he complained of pain in his groin and pain or soreness in his … pressure on and compression of the spinal cord. Berman ultimately clarified that the stenosis was the cause, the …
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… Submitted January 31, 2019 – Decided Before Judges Simonelli and DeAlmeida. On appeal from Superior … bright-line try-or- dismiss rule," instead continuing its commitment to a "case-by-case analysis" under the Barker … heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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… Submitted December 12, 2017 – Decided Before Judges Yannotti and Carroll. On appeal from Superior … the money in a robbery which he, defendant, and Johnson committed at TGI Fridays. McGuire instructed his girlfriend … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. On appeal, …
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… defendant HDOX Bioinformatics, Inc. (HDOX). Plaintiffs' complaint sought repayment of a $120,000 loan HDOX received … investment.3 Soon thereafter, 3 Amir, Ayal, and [Zvi] ultimately pled guilty to securities fraud, and served … Bergen, 450 N.J. Super. 286, 290 (App. Div. 2017) (quoting Teamsters Local 97 v. State, 434 N.J. Super. 393, 413 (App. …
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… Submitted January 25, 2018 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … coffee 5 A-1963-16T2 bar, defendant revised his account and ultimately stated that the conversation with his benefactor … to purchase an item for another person, both patrons must come to the register with the items so that the items could …
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… INDUSTRIES, LLC, Plaintiff-Respondent, v. COLUMBIA CASUALTY COMPANY and ONE BEACON AMERICA INSURANCE COMPANY, … telephonically March 15, 2017 – Decided April 13, 2018 Before Judges Fuentes, Carroll and Gooden Brown. On appeal … is admissible to assist a court in "achiev[ing] the ultimate goal of discovering the intent of the parties," or …
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… named as Consulting Actuaries International Inc. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … professional negligence against an actuary who drafted a company's retirement and related plans "relates to" an … (1996)). "Accordingly, '[t]he purpose of Congress is the ultimate touchstone' of [preemption] analysis." Cipollone v. …
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… Argued May 29, 2019 – Decided June 28, 2019 Before Judges Yannotti and Gilson. On appeal from the Superior … "felt greatly intimidated" by Actor # 2, who began to issue commands to defendant, "including the direction of travel." … was advised of the maximum possible sentence, and the court ultimately sentenced defendant to nine years of 19 …
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… ___________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … NA, LLC (BMW Financial); dismissed their third-party complaint against BMW of North America, LLC (BMW NA), which … the court granted BMW Financial summary judgment and, ultimately, a final judgment of foreclosure. On appeal, the …
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… Submitted January 10, 2017 – Decided Before Judges Espinosa and Guadagno. On appeal from Superior … and the sentence imposed was excessive, especially when compared to the sentence imposed on a co-defendant who was … INEFFECTIVE ASSISTANCE OF TRIAL AND APPELLANT COUNSEL WOULD ULTIMATELY SUCCEED ON THE MERITS. A. TRIAL COUNSEL'S FAILURE …
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… Submitted April 24, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … respondents Meridia Park Avenue, LLC and Capodagli Property Company, LLC (Theresa M. Cinnamond, on the brief). NOT FOR … explained that because dismissal with prejudice is "the ultimate sanction," it should be imposed "only sparingly" …
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… Submitted October 2, 2017 – Decided Before Judges Whipple and Rose. On appeal from Superior Court … of abuse. Dr. Lanese explained, however, "[i]t is uncommon to see physical injury for sexual abuse." … hearsay to corroborate B.F.'s allegations; Dr. Lanese's ultimate conclusion was outside her expertise; and the court …
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… BATTLEFIELD AREA PRESERVATION SOCIETY, A New Jersey Not-For-Profit Corporation, ASHER LURIE, KIP CHERRY, JERALD … INSTITUTE FOR ADVANCED STUDY and DELAWARE AND RARITAN CANAL COMMISSION, Defendants-Respondents. … and public projects that may affect the Park," and is the "ultimate administrative arbiter of any project within the …
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… Argued September 21, 2018 – Decided July 23, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. NOT FOR … or for any purpose . . . . [The Agency Defendants] will comply with all applicable laws concerning the employment of … contractors and for not all employment disputes. Ultimately, the Court held "that the 'ABC' test . . . …