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… of the administration of law. He contends the trial court committed several evidentiary errors that independently and … charge defendant. 4 A-2500-19 license, a digital scale, a plastic bag containing cocaine, a quantity of small plastic … discussed in Waller, referring to (1) the need to ensure a fair trial; (2) to remind the prosecutor and judge of their …
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… SOMERDALE, LLC, Plaintiff-Appellant, v. SELECTIVE INSURANCE COMPANY OF NEW ENGLAND, and SCOTTSDALE INSURANCE COMPANY, Defendants-Respondents. … are expected to read their policies and 'the law may fairly impose upon [them] such restrictions, conditions and …
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… (count five); and first-degree murder while engaged in the commission of sexual assault, N.J.S.A. 2C:11-3(a)(1) and … on July 18, 2022, denying the State's motion. In his accompanying written opinion, the judge first considered the … shed light on [defendant's mental state] or which tend[s] fairly to explain [a defendant's] actions,' notwithstanding …
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… Troy Hainsworth was not awarded any damages and his complaint was dismissed with prejudice. Plaintiff appeals … the accident. Plaintiff was insured under a GEICO automobile insurance policy with limited personal injury … elbow MRI was unremarkable; (4) a left shoulder MRI was fairly unremarkable but showed AC joint degenerative changes …
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… January 22, 2021 order of the Law Division dismissing her complaint with prejudice pursuant to R. 4:5-1(b)(2) and the … 94 N.J. 1, 5 (1983)). The doctrine is designed to promote fairness to the parties, judicial efficiency, and complete … of the non-disclosure. Ibid. "Dismissal is a sanction of last resort." Id. at 237. The party asserting the entire …
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… June 3, 2022, grant of summary judgment dismissing her complaint against defendant for negligently infecting her … and 1993. During that period, her then husband had an affair with another woman. Plaintiff's husband continued to … summary judgment, the standard of review is de novo. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… and various Borough officials, and dismissing Tucci's complaint with prejudice. The complaint stemmed from the … defendants "breached an implied covenant of good faith and fair dealing" (count three). Tucci further asserted that … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… APPELLATE DIVISION DOCKET NO. A-1255-22 W.M. and M.A.M, Complainants-Appellants, v. JOSHUA AIKENS, LISA CARLSON, … Judges Mayer and Enright. On appeal from the School Ethics Commission, Docket No. C58-22. W.M. and M.A.M., appellants … (6) The Commission's decision defies decisional law; (7) A fair final decision cannot be reached in the matter without …
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… Law Division order entering final judgment dismissing its complaint in lieu of prerogative writs against defendants … entry to Lot 251.08. After Sudler's application was deemed complete, Sudler provided timely public notice. At the … Div. 2009) (quoting Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998)). "[A] …
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… Richard Wayne Hunt and Sean T. Fannon, on the brief). Nicholas J. Zaita argued the cause for respondent Terminal … sealed bids for the "New Public Library and Municipal Complex" (Project) pursuant to the Local Public Contracts … 323 (1957)). A-3684-22 10 The LPCL was created to ensure a fair, public, and competitive bidding process for the …
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… period in which a party must demand a trial de novo commences only when the court provides a copy of the award … of the operation, ownership, maintenance or use of an automobile shall be submitted to arbitration in accordance with … to secure a just determination, simplicity in procedure, fairness in administration and the elimination of …
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… an August 5, 2022 order barring the amendment of his complaint and introduction of evidence produced after the … breach of the implied covenant of good faith and fair dealing, and conversion claims should be dismissed as a … no special deference to the trial court's decision. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins., 224 N.J. 189, …
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… interview with C.M. on February 21, 2020, where she was accompanied by Sergeant Daniel Ellmyer of the Sayreville … prior to the interview. As a result, a juvenile delinquency complaint was filed3 charging J.D. with two counts of … violation, depriving J.D. of his constitutional right to a fair trial. See State v. Brown, 236 N.J. 497, 518 (2019) …
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… a condom in the bathroom and felt Halley made some "strange comments" because he thought Halley was "boasting" about it. … a motion to be relieved as counsel on the basis defendant complained to the Office of the Public Defender about trial … for the potential jurors about their ability to be fair and impartial given his repeated use of illicit drugs; …
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… WISEBERG, ESQ., Plaintiff-Respondent, v. SUSAN CHANA LASK, Defendant-Appellant. __________________________ Argued … order reinstating plaintiff Michael Wiseberg, Esq.'s complaint and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … which "is designed to afford a client a 'swift, fair and inexpensive' method to resolve fee disputes." …
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… officer, N.J.S.A. 2C:12-1(b)(9) (count six). 1 Ethylone is commonly known as "Molly." State v. Desir, 461 N.J. Super. … the wooded area where the chase had occurred, and a small plastic bag containing a white powder, later identified as … defendant. "The quality of counsel's performance cannot be fairly assessed by focusing on a handful of issues while …
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… before she and her brother could get off the train, A.M. "comes out of nowhere" and "swings at [] defendant." … into the quarrel between defendant, defendant's female companion, and D.D., by putting his hand inside defendant's … but also that the deficiency prejudiced his right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 …
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… WILLIAM FERGUSON, BOROUGH OF SEASIDE HEIGHTS, CHARLES LASKEY, and MELISSA NELSON, Defendants-Respondents. and ALL … three April 28, 2023 orders dismissing with prejudice their complaint alleging defendants, State of New Jersey, William … conscience or otherwise offend . . . judicial notions of fairness . . . [and that are] offensive to human dignity.'" …
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… condition, which had numerous defects. Plaintiff filed a complaint in the Law Division alleging violations of the New … "exhaust system," a "smoking brake chamber," and a "busted fuel line." He claimed defendant's representative advised … primarily argues on appeal that the first trial court unfairly deprived him of a right to a jury trial, brushed …
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… nor had she been named by any defendants in a third-party complaint. That prompted the anesthesia defendants to cross- … 432, 437 (App. Div. 1987) (holding it to be fundamentally unfair to subject an out-of-state physician to jurisdiction in … Pier, Inc., 230 N.J. 142, 160 (2017); and then quoting Glassman v. Friedel, 249 N.J. 199, 219-20 (2021)).] Notably, …