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… the existence of a separate regulatory scheme will "overcome the presumption that the CFA applies to a covered … and spirit is to abuse A-5686-17T1 18 the interpretative process and to frustrate the announced will of the people." … fraud and other unconscionable conduct. Although we are not ultimately bound by an agency's statutory interpretation, …
ADP, LLC VS. ERIK KUSINS ADP, LLC VS. RYAN HOPPER ADP, LLC VS. ANTHONY M. KARAMITAS ADP, LLC VS. NICK LENOBLE ADP, LLC VS. MICHAEL DEMARCO ADP, LLC VS. DANIEL HOBAICA (C-000264, C-000023-16, C-000143-16, C-000117-16, C-000120-16, AND C-000118-16, ESSEX CO
Opinions
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… several years. The RCA included non-solicitation and non-compete provisions that restricted an employee from … Thereafter, Kusins accepted a position in ADP's business process outsourcing department, where he worked for … Kusins began working as a sales representative for Ultimate Software Group (USG). At USG, Kusins sold human …
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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 … development stage, it was not marketed to the public, and ultimately, it was abandoned by defendants altogether. In … that as many work- related disability claims as possible be processed exclusively within the Act. Moreover, if …
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… New Jersey- based former employer. Plaintiff alleges the company wrongfully denied him a promotion to a position in … [at the ADSA meeting] appropriately." They disagreed. Ultimately, Welch handed plaintiff a draft Separation … either through "an explicit statutory directive" or "by a process of interpretation and construction," id. at 47, our …
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… Dairy ("COL") and dismissal of their class-action complaint alleging a failure to pay overtime wages in … and Workforce Development ("DOL") officials in response to complaints brought by individual employees. Having reviewed … 182 N.J. 64, 75 (2004)). In addition, although we are not ultimately bound by an agency's statutory interpretation, …
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… as "Munchausen By Proxy Syndrome."1 In light of Dr. S.-W.'s communications to and testimony before the family judge in … to adequately advocate for her own position may have ultimately been the root cause for the final agency decision … other 23 A-0007-15T2 side of these contests; to ensure a process that renders trustworthy outcomes, the right to …
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… After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … his constitutional right to counsel and his rights to due process of law and a fair trial; if the court finds this … to proceed pro se. Figueroa, 186 N.J. at 593. "[T]he ultimate focus must be on the defendant's actual …
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… Superior Court of New Jersey, Law Division, Hudson County, Complaint No. W-2018-3276-0906 in A-0358-18. Claudia Joy … not obstruct or attempt to obstruct the criminal justice process. [N.J.S.A. 2A:162-18(a)(1).] If the court determines … law." In re DeMarco, 83 N.J. 25, 36 (1980). "The question ultimately is one of fairness . . . [and t]he test is …
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… dismiss six of the first eighteen counts alleging defendant committed sexual offenses against his daughter, K.W. … (Karen), born August 2003; the last two counts alleged he committed sexual offenses against S.E. (Sara), the daughter … doctor said Karen first denied having sexual relations, but ultimately admitted having sex with someone for some time.11 …
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… jeans, a black coat, and carrying a bag of tools. Suarez compared this footage with the footage from Newark, which … from the front hallway to the basement, where defendant ultimately "embedded a hammer in his skull." The judge … ABOUT DEFENDANT'S PURPORTED IMPECUNIOSITY DENIED HIM DUE PROCESS AND A FAIR TRIAL. POINT IV THE 50-YEAR NERA SENTENCE …
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… v. ABEX CORPORATION, BORG WARNER CORPORATION, DANA COMPANIES, LLC, HONEYWELL INTERNATIONAL, INC., KELSEY- HAYES … cross-examination, Paskal conceded that during the braking process, the high temperature and pressure converted all but … the court looks at the – at the choices. The choice of the ultimate sanction, which is striking the answer and …
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… a narcotics trafficking network, N.J.S.A. 2C:35-3, which is commonly referred to as the "kingpin" offense. Because they … TO N.J.S.A 2A: 67-12, IN VIOLATION A-1068-18 12 OF THE DUE PROCESS CLAUSE AND DEFENDANTS RIGHTS UNDER N.J. CONST. 1947 … OF THE JAIL CALLS TO INJECT INTO THE CASE HIS "EXPERT" ULTIMATE- A-1068-18 17 ISSUE-OPINION THAT DEFENDANTS WERE …
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… on our economy and our way of life , N.J. Republican State Comm. v. Murphy, 243 N.J. 574, 580-81 (2020) (observing that … requires "covered settings" to establish a disciplinary process for noncompliance that may include termination from … as fundamental."14 14 Indeed, although that might be the ultimate consequence of a decision not to comply with …
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… of the court was delivered by MESSANO, P.J.A.D. This appeal comes to us in an unusual posture. The State of New Jersey … issues regarding disparity in the criminal justice process." Ibid. The Commission was not constituted and did … to reduce parole ineligibility terms in plea offers and ultimately sentences. See, e.g., Brimage Guidelines 2, § 9, …
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… its former clients for unpaid fees, or alternatively, to compel the former clients to submit to binding arbitration … provided. (Emphasis added). It emphasized that if the process was not initiated within thirty days, the client … opinions, oral decisions, . . . or reasons given for the ultimate conclusion." Hayes v. Delamotte, 231 N.J. 373, 387 …
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… or prosecution. 1 He contends that the Law Division judge committed numerous trial errors, all but one of which are … a second-degree manslaughter conviction. A trial court's ultimate decision whether to instruct on passion/provocation … the integrity of the justice system and the fact-finding process is not subordinate to the singular interests of the …
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… and, instead, empowered the courts to grant such inmates "compassionate release." L. 2020, c. 106, § 1 (codified at … department's medical director in the compassionate-release process, the department has proposed regulations requiring … evidence" corroborated F.E.D.'s rehabilitation, the court ultimately gave greater weight to F.E.D.'s extensive record …
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… DIVISION A-1035-20 2 order (FERPO) that would have compelled D.L.B. to surrender her firearms. The State … no longer qualifies). New Jersey's law creates a two-stage process for issuing temporary and final orders to remove a … 2011). A judge's fact-finding must explain "how and why the ultimate conclusion was drawn." Ibid. "Failure to make …
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… Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, TRAVELERS PROPERTY … to sources of proof, (2) the availability of compulsory process for attendance of unwilling witnesses and the cost … and inexpensive, including the enforceability of the ultimate judgment. [Id. at 166 (quoting D'Agostino v. …
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… contends plaintiff M.M., mother, misrepresented her income in prior proceedings and that newly discovered … decision to attend law school was a voluntary decision, and ultimately found that the determinations of the prior courts … judge erred and denied him procedural and substantive due process of law by failing to make adequate findings of fact …