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… she defaulted on in June 2006. GMAC filed a foreclosure complaint and obtained a final judgment, and a Sheriff’s … The panel determined that, because Willoughby never signed a permanent modification agreement, the parties … enforce the agreement -- undermines the public policy embodied in the Program. Amici state that, despite a fully …
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… response to an OPRA request.” One month later, Paff filed a complaint and order to show cause in the Superior Court, Law … is also the records custodian) violated both OPRA and the common law right of access. Paff sought an order compelling … ended the inquiry. A panel of the Appellate Division reversed. 444 N.J. Super. 495, 497, 505 (App. Div. 2016). The …
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… fees. Six months after her vehicle purchase, Roach filed a complaint in the Superior Court against BM and its president … protection laws. Defendants filed a motion to dismiss the complaint for lack of jurisdiction based on the arbitration … the benefits of the contract. (pp. 13-15) 3. The Court has never decided whether failure to advance arbitration fees is …
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… opinion may not have been summarized.) Allstate Insurance Company v. Northfield Medical Center, P.C. (A-27-15) … a limited scope of practice (here, a [chiropractor]) can compel—by the simple fact of majority voting rights— the … the initial doctor-owner of Northfield. Neuner also hired several doctors to work at Northfield who held no ownership …
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… damage” and an “occurrence” under a property developer’s commercial general liability (CGL) insurance policy. This … the construction of Cypress Point, a luxury condominium complex in Hoboken. Co-defendants Adria Towers, LLC, Metro … by a subcontractor.” After completion of the complex, several residents began experiencing problems, such as roof …
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… of the head. A video captured parts of the incident, and several witnesses made statements to the police that … 2014, N.H. was charged with acts of delinquency which, if committed by an adult, would constitute murder, unlawful … in juvenile delinquency actions similar to those embodied in our Rules governing criminal practice, Rules 3:13-1 …
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… a result of the warrantless search. The Appellate Division reversed, concluding that the on-the-scene law enforcement … third parties who possess actual authority based on their common use of the space searched. See State v. Suazo, 133 … to consent to search a particular area of a home turns on common usage, and Betty Cushing’s evident lack of common use …
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… Conduct (RPCs) after the Secretary of a District Ethics Committee (DEC) has declined to docket the matter. The … complaint, holding that the Supreme Court and the ethics bodies that it established have exclusive jurisdiction over … and the discipline of attorneys. The Court has created several entities to assist in its disciplinary role, …
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… that “a substantial likelihood exists that [Acoli] would commit a new crime if released on parole at this time.” The … review based on the record as developed before the panels, commonly known as a paper hearing. In that review, the … review. Acoli appealed, and the Appellate Division reversed, concluding that the Board’s basis for denying …
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… his sleep apnea condition. Defendant’s answer to the complaint did not identify the field in which he specialized … requires dismissal of the complaint with prejudice. However, a complaint will not be dismissed if the plaintiff has … 168 N.J. at 395, the Court fashioned two equitable remedies “that temper the draconian results of an inflexible …
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… where he also holds citizenship, while remaining under Community Supervision for Life (CSL). J.K. was sentenced to … The Board denied J.K.’s petition. The Appellate Division reversed, holding that the Board “failed to consider whether [it] could supervise or monitor J.K.’s compliance with the conditions of CSL or impose special …
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… employee; 2) failure to provide a reasonable accommodation to a pregnant or breastfeeding employee (subject … of a pregnant or breastfeeding employee for requesting an accommodation. 462 N.J. Super. 78, 91-92 (App. Div. 2020). … The Court accordingly affirms the Appellate Division’s reversal of the trial court’s denial of partial summary …
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… have been summarized. City of Asbury Park v. Star Insurance Company (A-20-19) (083371) Argued March 31, 2020 -- Decided … The question arises from a dispute between a workers’ compensation carrier and its insured, a public employer. … doctrine. In Culver v. Insurance Co. of North America, however, the Court stressed that courts must not only turn for …
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… for the Court. The Court considers whether the owner of a commercial property owes its tenant’s invitee a duty to … equipment at the property to do so. Plaintiff filed a complaint against Ramslee Motors and the landlord; he … the trial court granted its motion. The Appellate Division reversed, finding that the lease was silent as to who was …
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… of child pornography. Defendant admitted that his computer files included pornographic videos of his … discretion under the statute. The JLA Guidelines, however, do not require the prosecutor to provide to the court … implications of plea bargaining under a provision of the Comprehensive Drug Reform Act that substantially 3 expanded …
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… 29, 2019 LaVECCHIA, J., writing for the Court. The Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.34 … DEP to deny the eligibility of a claim. At all times, however, the burden of proof is on the claimant. (pp. 17-19) 2. … However, Stainken’s discussion about sediment from nearby bodies of water came in the context of explaining the stains …
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… as a replacement teacher for a full-time teacher who was commencing parental leave. The school principal informed … was informed that her contract would not be renewed. She completed her service in June 2011, less than three months … that her service that year would count toward tenure. However, her evaluation for the 2007-08 school year reaffirmed …
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… Township of Ocean (Township) is a largely rural-suburban community bordered by the Pinelands National Reserve and … a single-family residence on the eastern portion of one of several lots they own. The remainder of the property consists … to the doctrine of exhaustion of administrative remedies. Relying on the Court’s decision in Pheasant Bridge …
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… Act (TCCWNA), N.J.S.A. 56:12-14 to -18. USLSG moved to compel arbitration based on the arbitration provision in the … favoring arbitration. Arbitration’s favored status, however, does not mean that every arbitration clause will be … CFA and the TCCWNA, both of which explicitly provide remedies in a court of law. See N.J.S.A. 56:8-19 (“Any person …
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… the courts is to enforce it according to its terms. If, however, a statute’s plain language is ambiguous or subject to … extrinsic evidence including legislative history and committee reports. (pp. 12-13) 2. The refusal statute … That amendment was prompted by a Motor Vehicle Study Commission report recommending enhanced penalties for …