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… surveillance duty for around seven months. Royster filed a complaint against the NJSP. Relevant to this appeal, Royster asserted that the NJSP failed to make reasonable accommodations for his disabling medical condition in … by CEPA’s waiver provision at the close of his case. Ultimately, only Royster’s CEPA retaliation claim and ADA …
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… before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … the Borough violated their constitutional, statutory, and common law rights to reclaim their property. The trial court … is judged by a standard of objective 3 reasonableness. The ultimate question is this: was the law clearly established …
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… incident related to the County’s selection of workers’ compensation counsel in 2014. Plaintiff testified that, … County’s contract with Ballard Spahr was not the result of competitive bidding and was “non-fair” and “non-open.” … reason for the adverse employment action. Plaintiff has the ultimate burden of proving that the proffered reasons were a …
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… before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … the Borough violated their constitutional, statutory, and common law rights to reclaim their property. The trial court … is judged by a standard of objective 3 reasonableness. The ultimate question is this: was the law clearly established …
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… Amendment to the United States Constitution or New Jersey’s common law or statutory protections against … use them. Lowery also told the detectives that he regularly communicated with Andrews using the FaceTime application on … pursuant to a lawfully issued search warrant -- is ultimately answered by analyzing federal and state …
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… that experienced burglars often purchase new tools before committing a burglary because paint chips can yield a … if there is probable cause to believe that a crime has been committed and to protect citizens against unfounded criminal … a prosecutor’s ability to resubmit a case. Id. at 487-88. Ultimately, the Appellate Division deferred to this Court: …
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… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … has proven beyond a reasonable doubt that [defendants] committed the crime of robbery as I have defined the crime … the court mentioned second-degree robbery again. The jury ultimately found both men guilty of multiple offenses, …
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… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … has proven beyond a reasonable doubt that [defendants] committed the crime of robbery as I have defined the crime … the court mentioned second-degree robbery again. The jury ultimately found both men guilty of multiple offenses, …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … under the Constitution. The Court observed that “when it comes to the Fourth Amendment, the home is first among … items from the defendant’s office, and the items were ultimately turned over to the Department of Justice. Id. at …
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… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … (pp. 17-18) 3. Here, the last semi-annual calibration was completed on January 12, 2010, with simulator solution … under the Sixth Amendment. U.S. Const. amend. VI. The panel ultimately held that, based on the location of defendant’s …
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… to convict a defendant even when bias did not motivate the commission of the offense. Defendant David Pomianek, Jr., … by alarming conduct and the other for harassment by communication. N.J.S.A. 2C:16-1(a)(3). The jury reached its … also reversed the misconduct conviction. Ibid. The panel ultimately determined “that N.J.S.A. 2C:16-1a(3) would be …
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… On direct appeal, defendant argued that the trial court committed reversible error by failing to provide the jury … “the privilege itself ‘is firmly established as part of the common law of New Jersey and has been incorporated into our … against self-incrimination and its exceptions). 14 Ultimately, the privilege against self-incrimination …
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… in defining an employee under the Employment Retirement Income Security Act (ERISA), held that the undisputed facts … a superior as to render the individual an employee. It is ultimately a totality-of-the-circumstances evaluation, … on behalf of amicus curiae International Brotherhood of Teamsters (David Tykulsker & Associates, attorneys). Richard …
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… a property owner’s claims for contribution under the Spill Compensation and Control Act (Spill Act or Act), N.J.S.A. … of hazardous material on land owned and operated by the company. Although Magic asserted that other parties were … 2, 18 (2003). “In order to accomplish a fair and equitable ultimate sharing of the remediation burden among all …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … FINANCE CORP., successor by assignment to GE CAPITAL COMMERCIAL INC., successor by assignment to CITICORP … Plaintiffs’ efforts to satisfy the terms of the Notes were ultimately unsuccessful and the Notes matured on May 1, …
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… [1] NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS PSEG Energy Resources & Trade LLC, … Trade LLC’s (“Plaintiff” or “PSEG”) Order to Show Cause to compel Defendant Onyx Renewable Partners, L.P. (“Onyx” or … to Matt Rosenblum, Onyx’s CEO, for review and execution. Ultimately, Rosenblum decided not to execute the draft …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS RICHARD TUSCANO, individually and … Factual and Procedural History Plaintiff filed his complaint on May 24, 2010. Plaintiff alleged minority … to amend are to be determined without consideration of the ultimate merits of the amendment, those determinations must …
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… Prepared by the Comt ESTATE OF RONALD DOERFLER AND STEPHANIE DOERFLER, Plaintiff Vs. FEDERAL INSURANCE COMPANY, Defendant STEPHANIE DOERFLER, Plaintiff Vs. CHUBB … Sandy struck Plaintiffs' homes causing severe damage, which ultimately resulted in the collapse of both structures. Both …
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… reasonably safe vehicle, and awarded plaintiff substantial compensatory damages. Nissan 1 We use "Nissan" to refer … and agreed "that the facts, as currently known, reflect a complete defense by releasee Levito and All Around Fence to … January 2000 and asserted responsibility for the Altima's ultimate design. The parties presented competing evidence …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY … T. SMITH, J.S.C. APPROVED FOR PUBLICATION November 5, 2018 COMMITTEE ON OPINIONS 2 Before the court is the State’s … business in the area. A.L. was able to summon help and was ultimately transported to Cooper University Hospital in …