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… September 20, 2018 – Decided October 10, 2018 Before Judges Hoffman and Suter. On appeal from Superior Court … appeals from Law Division orders dismissing his amended complaint, which asserted claims of legal malpractice and … investigation or prosecution on July 8, 2013. The State ultimately declined to file any charges against plaintiff. …
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… Argued June 6, 2018 – Decided October 10, 2018 Before Judges Alvarez, Currier, and Geiger. On appeal from … the Estate of Rosemary Pelle, filed a medical malpractice complaint against defendant Ivan M. Freidrich, M.D., and … of disease. Despite his, at times, broad-ranging testimony, ultimately his explanation was focused on the specific …
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… Defendants-Appellants, v. UTICA FIRST INSURANCE COMPANY, Third-Party Defendant-Respondent, and 2 HAND … Argued April 25, 2018 – Decided July 27, 2018 Before Judges Fuentes, Koblitz, and Manahan. On appeal from … it was another company owned by the owner of Hand Brothers. Ultimately, the Certificate of Liability Insurance Hand …
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… Submitted May 22, 2018 – Decided July 16, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … imposed mandatory fines and penalties, and ordered her to complete twelve hours at the Intoxicated Driver Resource … for the death of the two children. Id. at 412-13. Ultimately, the Supreme Court held that if the prosecution …
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… Argued June 28, 2018 – Decided July 16, 2018 Before Judges Yannotti and Haas. On appeal from Superior Court … with seven residential lots. Thereafter, plaintiff filed a complaint in the trial court seeking a determination that … taking of the plaintiff's property. Ibid. The Supreme Court ultimately held that the application of the ordinance was …
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… Argued May 30, 2018 – Decided June 26, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … altercation. According to the State, defendant failed to complete an Attorney General use-of-force report and falsely … remote in time. Notwithstanding, it appears that the judge ultimately assumed that the first three Cofield prongs …
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… Argued June 4, 2018 – Decided June 20, 2018 Before Judges Ostrer and Firko. On appeal from Superior Court … following a referral for physical abuse after S.A. complained of pain after being beaten with an extension cord … and threatened to beat him on the ride home, which she ultimately carried through with. She struck his bare …
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… Submitted March 13, 2018 – Decided June Before Judges Fasciale, Sumners and Moynihan. On appeal from … Protection and Permanency's (the Division) guardianship complaint; and that the court failed to set forth factual … Michigan incarceration. Any lack of communication with Vic ultimately boiled down to Jake's lack of effort to contact …
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… T. JOHNSON, Defendant. Argued February 7, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … walked into the station, he saw defendant's picture on a computer in a "NY/NJ HIDTA [High Intensity Drug Traffic … 245 (1988) (citing Wade, 388 U.S. at 240). However, "the ultimate burden remains on the defendant to prove a very …
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… Submitted December 20, 2017 – Decided Before Judges Alvarez and Currier. On appeal from Superior … DNA. It was sent to Mitotyping Technologies, where it was compared with a buccal swab from defendant and determined to … temporary restraining orders against him, which were ultimately dismissed. The judge found that aggravating …
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… Submitted March 20, 2018- Decided Before Judges Carroll and Mawla. On appeal from Superior Court … In exchange for defendant's plea, the State agreed to recommend a sentence of seven years imprisonment, subject to … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… Submitted February 27, 2018 - Decided Before Judges Reisner, Gilson, and Mayer. On appeal from … expenses, and then addressed the child support guidelines. Ultimately, the court ordered defendant to pay a total of … court." To calculate each parent's percentage share of income for purposes of guidelines-based child support, the …
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… Defendant-Respondent. Argued February 27, 2018 - Decided Before Judges Yannotti, Carroll and DeAlmeida. On appeal from … his employment with the District based on his unbecoming conduct arising from his inappropriate touching of … Dunckley was not formally disciplined, both students were ultimately removed from his classroom and placed in …
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… WOMEN'S HEALTH CARE ASSOCIATES, PA, DR. G'S FRANCHISING COMPANIES, LLC,1 Defendants-Respondents. … Argued December 12, 2017 – Decided Before Judges Fisher, Sumners and Moynihan. On appeal from … conference, a different court put on the backburner the ultimate issue of Dr. Decter's qualifications, it was …
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… Submitted October 5, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … Frank Montanino. On July 19, 2013, plaintiffs filed a complaint against defendant alleging economic and … during the course of discovery, as to his opinion on the ultimate issue of permanency." They contend the judge erred …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … Price appeals from an August 17, 2016 order dismissing his complaint in lieu of prerogative writs seeking to invalidate … The Planning Board held public hearings on the matter, ultimately adopting a November 2015 resolution recommending …
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… DIVISION DOCKET NO. A-2998-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.H., SVP-731-15. ___________________________ … Submitted December 13, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … to accept all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, …
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… THE MATTER OF THE APPEAL FROM THE DENIAL OF AN APPLICATION FOR A CHANGE OF ADDRESS ON A NEW JERSEY FIREARMS PURCHASER … Family Automated Case Tracking System. Detective Arnesen recommended 3 A-1235-16T2 C.R.'s application be denied, due to … stay elsewhere or have someone stay with her at the home. Ultimately C.R.'s wife voluntarily dismissed the TRO. In May …
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… Submitted October 31, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … defendant at trial. The police questioned defendant and ultimately he confessed to the rape, murders, and attempted … statement informing the police that defendant had not come home until the early morning hours. Accordingly, the …
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… Third-Party Defendant. _______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … conforms to her rulings reflecting plaintiff is a tenant in common with defendants and that defendants are solely … only sparingly" and "dismissal with prejudice is the ultimate sanction, [which] will normally be ordered only …