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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 … issued after Northfield was established, and found that, at best, defendants had exhibited “willful blindness” to the …
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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 … from the developer and general contractor, who are in the best position to control a subcontractor’s work, to their …
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… 2014, N.H. was charged with acts of delinquency which, if committed by an adult, would constitute murder, unlawful … the request. The court analogized the filing of a juvenile complaint to the filing of a criminal indictment, which … to prepare for all facets of the hearing and decide how best to cross-examine the State’s witnesses, whether the …
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… 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 … as Mylroie explained, because 4 the family thought it best that she not be present when that was done. Mylroie …
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… Conduct (RPCs) after the Secretary of a District Ethics Committee (DEC) has declined to docket the matter. The … setting the background of this matter, are derived from the complaint that the OAE filed with the District XIV Ethics … the State and is aware of 23 national trends. The public is best served by a system that permits both volunteers in the …
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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 … (quoting State v. Buckley, 216 N.J. 249, 263 (2013)). The best evidence of that intent is the plain language of the …
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… his sleep apnea condition. Defendant’s answer to the complaint did not identify the field in which he specialized … therapy. Defendant filed a motion to dismiss plaintiff’s complaint with prejudice, asserting that plaintiff was … DiProspero v. Penn, 183 N.J. 477, 492 (2005) (stating that best indicator of Legislature’s intent is statutory language …
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… where he also holds citizenship, while remaining under Community Supervision for Life (CSL). J.K. was sentenced to … to consider whether [it] could supervise or monitor J.K.’s compliance with the conditions of CSL or impose special … here,” and “[t]he spirit of the original Megan’s Law is best served by interpreting it to permit CSL defendants who …
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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). … to the employer for that inquiry, the employer is in the best position to present proof about the size and …
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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. … comments relating to the priority of recovery are at best ambiguous, because the court also observed that [the …
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… of child pornography. Defendant admitted that his computer files included pornographic videos of his … implications of plea bargaining under a provision of the Comprehensive Drug Reform Act that substantially 3 expanded … between 15 and 18 years.” Ibid. 17 appropriate and in the best interests of the victim notwithstanding the objection.” …
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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 … for which it, as the offering employer, is in the best position to prove. Here, based on the absence of …
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… Township of Ocean (Township) is a largely rural-suburban community bordered by the Pinelands National Reserve and Barnegat Bay. In the late 1990’s, the Township began a comprehensive planning process in anticipation of population … doctrine apply. Exhaustion of administrative relief is the best remedy. Thereafter, if their request for a variance is …
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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 … service contract. The trial court granted USLSG’s motion to compel arbitration and dismissed the complaint without … court’s or Appellate Division’s interpretation. Kieffer v. Best Buy Stores, L.P., 205 N.J. 213, 222-23 (2011). Our …
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… 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 … v. Penn, 183 N.J. 477, 492 (2005)). “In most instances, the best indicator of that intent is the plain language chosen …
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… and superseding/intervening causation, but not on comparative negligence. The court also provided a … consequences and superseding/intervening causation, and not comparative negligence, but improperly referenced “but for” … orthopedist. Dr. Graham believed that Dr. Picciano made the best choice from “a list of bad options.” Dr. Picciano knew …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … seek the entry of an Order dismissing Plaintiff’s Amended Complaint with prejudice as to Counts I, II, and III and … executed by the Members. The Members shall exercise their best efforts to meet not less than once per year for the …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MIDDLESEX … Id. at paragraph 18. The Court issued an oral decision and coincident Order after oral argument, and in accordance with … than the jury. Lopez, supra, 62 N.J. at 274. Typically, the best approach for the judge is to hold a preliminary hearing …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … of the Case Before the Court is a Motion to Dismiss the Complaint filed by the defendant, Dawn Frankl (“Dawn” or … not have its origins . . . until twelve (12) years, or at best six (6) years, after the subject transfer.” Ibid. …
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… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS : SUPERIOR COURT OF NEW JERSEY FOX … DOCKET NO. MID-L-2818-16 : CIVIL ACTION : HANOVER INSURANCE COMPANY : OPINION and SANO BROKERAGE CO., Inc., : … and act, New York believes that the insured is in the best position to protect itself and its property, having …