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- STATE OF NEW JERSEY VS. JOHN C. VAN NESS (13-01-0208, MONMOUTH COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… by the Office of the Public Defender. The judge compounded his error by misapplying State v. King, 210 N.J. … day, defendant filed a Uniform Defendant Intake Report (commonly referred to as a "5A")2 in the vicinage's Criminal … Status[,]" defendant averred that he had a $1200 monthly income and owned real estate valued at $1.1 million. The …
- njcourts.gov… trial. The girls alleged that acts of sexual abuse were committed against them by 1 We use initials and fictitious … a child in his care." By way of qualification, Dr. Katz did comment that "[a]dditional data would be helpful and … cruelty. L. 1939, c. 277. That enactment stated that such bodies, by filing such complaints, may "cause to be arrested …
- IN RE N.J.A.C. 12:17-2.1 (NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT) - Published Opinionsnjcourts.gov… for unemployment benefits under the Unemployment Compensation Act ("the Act"), N.J.S.A. 43:21-1 to -56. The … conduct that resulted in his or her discharge had the ingredients of willfulness, deliberateness and intention." Ibid. … of misconduct should not eliminate a predicate ingredient of malice. To support these various arguments, …
- njcourts.gov… seminal opinion in Nichols v. American National Insurance Company, 154 F.3d 875 (8th Cir. 1998). A qualified expert is … in neurology, internal medicine, and electrical studies of the brain. He completed a residency in neurology at … fields of neurology, internal medicine, and electrical studies of the brain. Plaintiff's counsel did not object to …
- njcourts.gov… Exxon to pay a civil penalty, the ACOs required the company to: undertake remedial investigations; A-0668-15T1 3 prepare work plans and feasibility studies; undertake all additional investigations and actions … recover additional "natural resource damages" (NRD), i.e., compensation for the injury and destruction of natural …
- njcourts.gov… conversations and evidence derived from them, and compelling their disclosure to the Estate of Frank P. Lagano … Division judge (original judge) issued wiretap orders and communication data warrants. In December 2004, officers under the command of Michael Mordaga, then the BCPO Chief of …
- STATE OF NEW JERSEY VS. LEWIS HOOPER (13-06-0768, MIDDLESEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… was indicted on charges of second-degree conspiracy to commit armed robbery and robbery, N.J.S.A. 2C:5-2 and … eligible. He had been convicted of third-degree theft committed in 2005, when he was twenty-one years old, and … to probation in 2006. In 2009, he violated probation by committing a drug offense. He pleaded guilty to the …
- njcourts.gov… sexual assault where an expert in "Child Sexual Assault Accommodation Syndrome" (CSAAS) was permitted to testify. We … Ronald Summit, and identifies five categories of behavior commonly demonstrated by child sex abuse victims: "secrecy; helplessness; entrapment and accommodation; delayed, conflicted, unconvincing disclosure; …
- JODI SHAW, ET AL. VS. BRIAN SHAND, ET AL. (L-0408-16, SUSSEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… the existence of a separate regulatory scheme will "overcome the presumption that the CFA applies to a covered … notes that the Legislature made clear that the rights, remedies and prohibitions of the CFA are "cumulative of any … Legislature has expressly provided that the "rights, remedies and prohibitions" created by the CFA are "in addition …
- njcourts.gov… FOR FEAR OF REPRISALS BY THE STATE. POINT II IMPROPER COMMENTS MADE BY THE PROSECUTOR IN SUMMATION EXCEEDED THE … Evidence That [Decedent]'s Preexisting Medical Conditions Combined With The Delay In Transporting Him To The Hospital … you, any family member or close friend ever been accused of committing an offense other than a minor motor vehicle …
- njcourts.gov… DOCKET NO. A-1833-15T4 MASTEC RENEWABLES CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. SUNLIGHT GENERAL … facility (SGF) on the campus of the Mercer County Community College (College). SunLight hired MasTec … controversies . . . and render both legal and equitable remedies is co-extensive with that of the Law Division"). "If …
- STATE OF NEW JERSEY VS. MARQUIS ARMSTRONG (15-05-0932, ESSEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… a pre-trial motion to suppress "evidence seized without a communications data warrant [(CDW)]." At issue were text … him. Heath ran into the street, only to be struck by an oncoming car. As Heath lay at the curb, defendant approached … anyone would have a reasonable expectation of privacy in communications that they put out over . . . a . . . cell …
- njcourts.gov… in New Jersey. The ongoing-storm rule arbitrarily relieves commercial landowners from any obligation to try to render … premised on the ground that to do so would always be "inexpedient and impractical." Such a bright-line rule, however, … or reduce the foreseeable hazard. Whether it would be inexpedient or impractical to act is one of many factors for the …
- njcourts.gov… settlement agreement, either in whole or in part, under the common law right of access to public records, see Bergen … charged in a PNDA seeking his termination with conduct unbecoming and other sufficient causes following an internal … 506 (App. Div. 2010). See too, South Jersey Publishing Company, Inc. v. New Jersey Expressway Authority, 124 N.J. …
- njcourts.gov… Avenue in Newark, "a mixture of residential homes" and "commercial establishments," Detectives Ozzie Ryals and … conducting surveillance because they "had received numerous complaints from concerned citizens about narcotic[s] … afoul of the Confrontation Clause's guarantee" as "embodied in either the federal or our State Constitutions."8 …
- STATE OF NEW JERSEY VS. ABNER RODRIGUEZ (19-06-0986, MIDDLESEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… waiver pursuant to N.J.S.A. 2C:43-6.2. That statute "embodies the so called 'escape valve' to the mandatory sentence requirements otherwise embodied in the Graves Act." State v. Alvarez, 246 N.J. Super. … and procedural history, recognizing that because this case comes to us before trial or any evidentiary hearings, the …
- VLADIMIR DIAZ VS. HERBERT J. REYNOSO, ET AL. (L-8244-19, BERGEN COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… car into the plaintiff's vehicle. He later pled guilty to committing assault by auto while under the influence of … ensued. Applying statutory public policies and allied common law principles, we reverse the trial court's … order. We hold that a volunteer who fails to discharge his commitment to the police in such a situation and who …
- njcourts.gov… LANZO, Plaintiffs-Respondents, v. CYPRUS AMAX MINERALS COMPANY, Individually and as Successor-in-Interest to … for inducing disease." He stated that there have been no studies demonstrating that "thin cleavage fragments . . . are … to exposure to a product without epidemiological studies of the particular product. Moline testified that EPA …
- AHMED HASSAN, ET AL. VS. ROLAND WILLIAMS, ET AL. (L-0213-16, OCEAN COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… m.p.h. Williams said, "[A]ll of a sudden, out of nowhere I come up on this Fed-Ex truck." As he rapidly approached … in Allentown, and he drove himself home. In the subsequent complaint, Hassan alleged that Williams and ABF were … mind or in mental or emotional conflict." Merriam-Webster Online Dictionary, https://www.merriam- …
- STATE OF NEW JERSEY VS. COREY PICKETT (17-07-0470, HUDSON COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging at a Frye1 … determining reliability at a Frye hearing. These case studies illustrate that software is not immune from error. … explained that Cybergenetics permits testing the software online through cloud computing without having to purchase …