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… Argued September 18, 2019 – Decided Before Judges Whipple, Gooden Brown and Mawla. On appeal from … Matthew Spencer, and dismissing her employment related complaint with prejudice. The allegations in the complaint … was conducted by OPS's Lieutenant Anthony Rawa, Jr., who ultimately issued a report "exonerate[ing]" Spencer and …
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… Submitted December 9, 2020 – Decided Before Judges Whipple, Rose, and Firko. On appeal from the … so that State Troopers would be able to find defendant. Ultimately, State Troopers Finney and Kaminski responded to … bag with the magazines stored in a separate zippered compartment. Trooper Kaminski 4 A-1053-19T3 placed defendant …
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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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… Argued December 2, 2020 – Decided Before Judges Fuentes, Whipple and Firko. On appeal from the … of an August 8, 2016, order dismissing her amended complaint against attorney defendants Carl D. Poplar, … any different 22 A-0706-17 way than what I already filed." Ultimately, Judge Pugliese, by operation of the June 3, …
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… Submitted September 21, 2020 – Decided Before Judges Gooden Brown and DeAlmeida. On appeal from the … PER CURIAM Plaintiffs Academy Hill Inc. (Academy Hill), a commercial real estate developer, and Merrick Wilson, its … damage." A period of disuse led to the building's ultimate demolition "in October 2012." However, "the …
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… Submitted March 10, 2020 – Decided May 12, 2021 Before Judges Sumners and Geiger. On appeal from the Superior … retrieve the camera, download the video on his personal computer at school, view the footage, and then return the … had to be dismissed because the victims were unidentified. Ultimately, the State agreed to dismiss the counts related …
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… Argued March 1, 2021 – Decided May 24, 2021 Before Judges Rothstadt and Mayer. On appeal from the Superior … ANY EVIDENCE THAT DEFENDANT INTENDED HIS CO-DEFENDANT TO COMMIT A ROBBERY OR THAT THE CO- DEFENDANT ACTUALLY … there before and after the homicides took place. Defendant ultimately admitted that he had been at the Walgreens but …
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… Submitted May 10, 2021 – Decided June 23, 2021 Before Judges Messano, Hoffman and Suter. On appeal from the … River previously used by E.I. du Pont de Nemours and Company (DuPont), an industrial site known as the DuPont … biphenyls, and other materials, including nitrobenzene. Ultimately, all of the tested-for contaminants were either …
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… refer to Morris Plains as a Borough in this opinion. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … testimony on the issue of liability and dismissing the complaint and amended complaint with prejudice. In its … the Borough's decision to enter into the Agreement "was ultimately made as a result of the[] projected costs …
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… Argued December 14, 2020 – Decided July 2, 2021 Before Judges Hoffman and Suter. On appeal from the Superior … revealed substantial evidence that plaintiff misused the computer system in his police car to conduct unjustified … maybe I was referring back to somebody else's report," but ultimately concluded he had no explanation for why he wrote …
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… Argued March 23, 2020 – Decided July 2, 2021 Before Judges Messano, Ostrer and Susswein. On appeal from an … opinion of the court was delivered by OSTRER, J.A.D. Are commissioned real estate salespersons exempt from the Wage … "economic realities" test in FLSA case). But the department ultimately opted to formally adopt the ABC test, even though …
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… Argued January 25, 2021 – Decided July 30, 2021 Before Judges Currier and Gooden Brown. On appeal from the … WAS MOST ACUTE AND IT WAS NOT PROBATIVE OF HIS CREDIBILITY; COMPOUNDING THE PREJUDICE, THE PRIOR STATEMENT INJECTED … in Perth Amboy, and arranged for her to pick up J.G. Ultimately, J.G.'s aunt picked him up after he returned to …
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… Submitted March 8, 2021 – Decided August 9, 2021 Before Judges Currier and Gooden Brown. On appeal from the … ERRED WHERE HE DID NOT DETERMINE WHETHER THE ALLEGED ACCOMPLICE'S STATEMENT IMPLICATING DEFENDANT IN THE CRIME WAS … that could potentially affect a juror's vote. Id. at 559. Ultimately, the trial court is in the best position to …
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… Argued June 9, 2021 – Decided August 30, 2021 Before Judges Ostrer, Accurso, and Enright. On appeal from the … Harvey argued the cause for appellant (Lomurro, Munson, Comer, Brown & NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … not predict that any amount or type of supervision would ultimately result in Dr. McFarlane again qualifying for full …
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… Cross-Appellants. _______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … individually (Walsh); Smith-Sondy Asphalt Construction Company and its engineer, Nicola Genchi; and Straight Edge … informal written decisions, or reasons given for the ultimate conclusion." (quoting Do-Wop Corp. v. City of …
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… Argued September 1, 2021 – Decided September 28, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … Ko, Keating Robinson, and Peggy McMahon dismissing the complaint. We affirm. We derive the following facts from the … in a nursing position at a different Springpoint facility. Ultimately, D'Ovidio was given an ultimatum to resign or …
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… Argued October 15, 2020 – Decided October 8, 2021 Before Judges Ostrer, Accurso, and Vernoia. On appeal from the … to be MDMA.1 Pursuant to a later-obtained warrant, officers ultimately seized those items, along with another bag of … a second 1 MDMA or methylenedioxymethamphetamine, is a CDS commonly known by the street names ecstasy or molly. See In …
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… Argued November 1, 2021 – Decided November 15, 2021 Before Judges Fasciale and Firko. On appeal from the Superior … who was a police officer. Defendant immediately objected, complaining his attorneys had not discussed excusing Juror … that defendant, not his counsel, should have been the ultimate decision-maker for selecting a jury, defendant …
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… Argued November 1, 2021 – Decided December 23, 2021 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … defendants. 1 In addition, both defendants were charged by complaint-summons with unlawful possession of less than … v. Ingram, 98 N.J. 489, 497 (1985) (reiterating "[t]he ultimate test of any [presumptive] device's constitutional …
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… 5, 2020. The Family Part judge entered the first order, accompanied by a written statement of reasons, after a … against defendant's buyout obligation, and that the judge revisit the denial of alimony and the child support award. She … Nonetheless, the riding arena is an improvement that ultimately benefits only plaintiff. We 24 A-2885-19 …