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njcourts.gov
… incident to arrest, or protective sweep. Accordingly, we reverse and vacate the conviction for 1 Although defendant … SUPPORTED BY REASONABLE SUSPICION THAT AN OFFENSE WAS BEING COMMITTED BECAUSE HIS LICENSE PLATE WAS NOT "OBSTRUCTED" … Reasonable, the "Reasonable Mistake of Law Doctrine" Is Not Compatible with New Jersey's Jurisprudence and Should Not …
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njcourts.gov
… has its own athletics program, under which teams compete in the National Collegiate Athletic Association's … a medical leave for the season in question.2 Plaintiffs commenced this action for damages under the Law Against … plaintiff's claim, and that plaintiffs cannot satisfy the severe or pervasive prong of the test adopted by our courts …
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njcourts.gov
… NO. A-0653-20 APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., APPLIED RISK … Insurers Act, N.J.S.A. 17:32-16 to -22: 3 A-0653-20 Whenever it shall appear to the commissioner that any insurer, … that appellants had not exhausted their administrative remedies and that their Superior Court complaint was not timely. …
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njcourts.gov
… there exist issues of fact material to that question, we reverse the trial court's order and remand for a testimonial … that backup officer Mailot noticed that Carrillo disobeyed commands to keep his hands on the vehicle and reached … drugs. In response, Carrillo alleged he obeyed the command to place his hands above the car while the officer …
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njcourts.gov
… Plaintiff-Appellant, v. SAMSUNG FIRE & MARINE INSURANCE COMPANY, LTD., Defendant-Respondent. … loose allowing the water to discharge. There is no way however of proving this. The inspection reports of the … of itself, will impact on the available and appropriate remedies." Robertet Flavors, Inc. v. Tri-Form Constr., Inc., 203 …
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njcourts.gov
… TARTA LUNA PROPERTIES, LLC, a New Jersey Limited Liability Company, and 125 ELM STREET, LLC, a New Jersey Limited … of defendants, finding plaintiffs' claims meritless. However, in determining an award of fees was warranted by … example of this would be their insistence on drainage studies where the town did not require them and the court ruled …
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njcourts.gov
… was sloping and cracked, and that the roof was leaking in several places. MRCE determined sheet piles should and could … stalled over the price, and in September 2015, PPG filed a complaint and requested an order requiring Ten West to … Props., LLC, 210 N.J. at 528 (quoting Flomerfelt v. Cardiello, 202 N.J. 432, 442 (2010)). "Exclusionary clauses are …
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njcourts.gov
… against defendant Mawulda Pinkston. We affirm in part, reverse in part, and remand for further proceedings. I. … and rejected the State's plea offer; the State offered to recommend that defendant receive a sentence not to exceed … defendant and for which any number of less severe remedies would have readily sufficed." While the court possesses …
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njcourts.gov
… Child Protection and Permanency (Division) filed a Verified Complaint for the Care and Supervision of these two children … and K.K. was residing in Newark. The 3 A-4485-17T3 Division commenced this action after it investigated Elyssa's … 2016. The Division caseworker "has reached out to him on several occasions and has not had a response. So his …
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njcourts.gov
… with nine floors of residences above four floors of parking comprised of nine one-bedroom units, thirty-six two- bedroom … sale of the first townhouse, the Township's tax assessor combined Lots 39 and 40, on which the townhouses were … the high-rise apartment building, into a new tax Lot 39. However, the subdivision of the townhouse Lots 39 and 40 from …
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njcourts.gov
… heirs and executor of the estate of Viviana Ruscitto, filed complaints seeking compensatory and punitive damages on numerous counts after … Ruscitto later testified at her deposition that Dr. Jones never mentioned the use of a power morcellator but she …
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njcourts.gov
… Although the statute predates automotive window tinting, it commonly serves as the statutory basis for tinted window … that the driver of a vehicle, or its occupants, is committing a motor-vehicle violation or a criminal or … the vehicle’s occupants or articles inside. (pp. 18-22) REVERSED. CHIEF JUSTICE RABNER; JUSTICES ALBIN, PATTERSON, …
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njcourts.gov
… Point Condominium Association, Inc. v. Kinsale Insurance Company (A-76-20) (085606) Argued January 3, 2022 -- Decided … may assert claims against defendant Kinsale Insurance Company, alleged to have insured those entities, under the … does not exist at this address.” The appellate court reversed the trial court’s judgment, finding the evidence …
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njcourts.gov
… the release of the names of law enforcement officers who commit disciplinary violations that result in the imposition … of Law and Public Safety (Department). Both Directives encompass all findings of major discipline after January 1, … misconduct. Five years later, the Legislature directed every law enforcement agency in the State to adopt …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …