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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Exxon to pay a civil penalty, the ACOs required the company to: undertake remedial investigations; A-0668-15T1 3 … lawsuit were still unresolved, with no assurance DEP would ultimately succeed. For example, early pre- trial decisions …
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… cause for appellants/cross-respondents (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Matthew A. … borrowed servant was a disputed fact. No aspect of that ultimate issue was submitted to the jury, a point explored … MT. CSNJ is in the business of repairing equipment for steamship lines. Its mechanics are members of the …
njcourts.gov
… 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 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 …
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … Ibid. Under the third step, the defendant bears the ultimate burden at the hearing "to prove a very substantial …
njcourts.gov
… Submitted May 26, 2020 – Decided September 3, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … DISEASE OR DEFECT. POINT IV THE TRIAL COURT ERRED IN ITS COMPOSITION OF THE VERDICT SHEETS. [U.S. CONSTITUTION, … The victim did not experience any fractured bones. It was ultimately determined that she suffered from Post-Concussive …
njcourts.gov
… Argued December 9, 2019 – Decided June 8, 2020 Before Judges Sumners, Geiger and Natali. On appeal from the … plaintiff Petric & Associates $1,850,000 in damages, comprised of: 1) $300,000 for fraud; 2) $800,000 for breach … that [plaintiff] was even damaged since the PSE&G claim was ultimately presented to the NJDOT, negotiated, and settled …
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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 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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… Argued January 12, 2022 – Decided March 28, 2022 Before Judges Sabatino, Rothstadt, and Natali. On appeal from … told defendant that what he was now stating "sound[ed] completely different than when [they] spoke earlier," and … and Family Services placing him in a group home, which ultimately led to his aunt adopting him. 10 A-4408-18 9:00 …
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… Submitted February 14, 2022 – Decided March 8, 2022 Before Judges Vernoia and Firko. On appeal from the Superior … 2C:14-3(a) (count six).1 He also appeals from his concomitant aggregate sentence of forty-five years' … is reliable." Henderson, 208 N.J. at 289. The ultimate burden, however, "remains on the defendant to prove …
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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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… 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 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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… Argued January 5, 2022 – Decided February 22, 2022 Before Judges Whipple, Geiger, and Susswein. NOT FOR … set forth in Judge Jodi Lee Alper's written decision accompanying the order and herein, we affirm the order and … for each of the three members in the designated amounts. Ultimately, Shapiro did not accept the loan from Valley …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … car. Reggie then called his friend, Bruce Hall, who was coming to buy a car, and asked Hall to bring his gun. When … jury should have been instructed "that the State has the ultimate burden of proving the identity of the perpetrator …
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… LLC, Plaintiff-Appellant, v. FRANKLIN MUTUAL INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Respondent, v. … for Margin providing Turner "the exclusive use of, and ultimately clear title to, a 2003 Bentley . . . currently … "[i]f the real estate taxes were unpaid" or "an occupant or visitor were injured by a dangerous condition on the …
njcourts.gov
… 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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… telephonically May 13, 2020 – Decided July 17, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from … and (2) a February 28, 2019 order directing the parties to comply with the June 29 order and attend mediation as … new attorneys, the outstanding issues remained unresolved. Ultimately, plaintiff moved to enforce the provisions of the …