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… Submitted September 20, 2022 – Decided October 5, 2022 Before Judges Messano and Gilson. On appeal from the Superior … was under twenty-six years of age when the offense was committed. N.J.S.A. 2C:44-1(b)(14). Defendant was … to manslaughter "was sorely tested by the evidence," and ultimately rejected by the jury. Id. at 401. Although …
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… Submitted September 13, 2022 – Decided October 11, 2022 Before Judges Gilson and Rose. On appeal from the Superior … August 27, 2021 order that dismissed with prejudice their complaint against Frank Ortega (Ortega) and Ortega & Di … an accountant for negligence, the claimant must plead and ultimately prove the three elements set forth in the Act. E. …
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… Submitted September 29, 2022 – Decided October 12, 2022 Before Judges Vernoia and Natali. On appeal from the Superior … a plea agreement pursuant to which the State agreed to recommend a nineteen-year sentence subject to the requirements … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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… Submitted September 20, 2022 – Decided October 13, 2022 Before Judges Messano and Rose. On appeal from an … dispute in its proper context. I. Global's amended verified complaint alleged the following. Global entered into a lease … militates against their privileged status. Any documents ultimately ordered to be produced shall be redacted to omit …
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… Argued March 22, 2023 – Decided June 5, 2023 Before Judges Currier and Enright. On appeal from the Superior … credits, and having been awarded 92.8 work credits and 49 commutation credits at the time of his release.4 3 Although … not awarded and applied to specific charges. When J.H. was ultimately awarded 49 commutation credits, it was not …
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… Submitted January 30, 2024 – Decided March 28, 2024 Before Judges Mayer and Paganelli. On appeal from the Superior … A-1450-22 On February 14, 2020, Dattolo filed a five-count complaint against EMC and Morgan. Dattolo alleged: (1) … the judge reduced the amount awarded because he ultimately determined "the consumer fraud violation did not …
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… Submitted January 30, 2024 – Decided April 2, 2024 Before Judges Enright and Paganelli. On appeal from the … the reasons articulated by Judge Magali M. Francois in her comprehensive oral opinion. We glean the relevant facts from … the statute does not contain the alpha and omega of what ultimately persuade a court that a support spouse is …
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… BUNBURY, in his capacity as Director of Human Resources for the City of Jersey City, New Jersey, … Jersey, Law Division, Hudson County, Docket No. L-4373-19. McOmber McOmber & Luber, PC, attorneys for appellant (Austin … and therefore, defendants' reasons for his suspension and ultimate termination were pretextual. Defendant's contention …
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… Argued November 28, 2023 – Decided December 20, 2023 Before Judges Whipple, Mayer and Paganelli. On appeal from the … classification as a Tier Two offender under Megan's Law and community notification requirements. M.J.B. is a convicted … [RRAS] score suspect." Id. at 69. The trial court has "the ultimate authority to decide what weight to attach to the …
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… to post-conviction relief due to several 6 A-3045-20 errors committed by her trial attorney constituting ineffective … were decided on direct appeal, the court declined to revisit them. Regarding the motion for a new trial, the court … recall certain information when pressed . . . ." The court ultimately rejected Ghaffari's testimony as being mostly …
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… Submitted February 28, 2023 – Decided June 30, 2023 Before Judges Messano and Gummer. On appeal from the Superior … certain-persons charge. In return, the State agreed to recommend a sentence of seven-years imprisonment with a … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… A. TROIANO, SR., and as the holder of power of attorney for DIVA TROIANO, Defendants-Respondents. … from the May 3, 2021 Law Division order dismissing his complaint with prejudice for failure to state a claim upon … residence, Albert alleged that "instead of dividing the ultimate ownership of th[e] . . . property as intended . . . …
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… Submitted November 28, 2023 – Decided January 30, 2024 Before Judges Whipple and Paganelli. On appeal from the … to his whereabouts on the evening of the stop. 3 A-2635-21 Ultimately, in this two-witness trial, the municipal court … court's credibility findings. He "determine[ed] the case completely anew." Nonetheless, he agreed with the municipal …
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… Submitted January 16, 2024 – Decided January 31, 2024 Before Judges Marczyk and Vinci. On appeal from the New Jersey Civil Service Commission, Docket No. 2022-909. Jacobs and Barbone, PA, … the policy knowingly or unknowingly was not material to the ultimate level of discipline imposed. Pollock's claim that …
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… Argued February 13, 2024 – Decided March 5, 2024 Before Judges Whipple, Enright and Paganelli. On appeal from the New Jersey Civil Service Commission, Docket No. 2023-717. Rimma Razhba, Deputy … [CSC], based on the [ALJ's] [f]indings of [f]acts[,] . . . ultimately concluded . . . a six-month suspension was …
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… Submitted February 7, 2024 – Decided March 6, 2024 Before Judges Accurso and Walcott-Henderson. On appeal from … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2018-10081 and 2018-10084. … exposure, rather than their own independent diagnosis. Ultimately, Dr. Kipen concluded within a reasonable degree …
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… Submitted December 11, 2023 – Decided January 16, 2024 Before Judges Sabatino and Marczyk. On appeal from the … principal in the event an action or proceeding is commenced against Distinguished Homes. The first of these … money damages, relief was unlikely in any event. The court ultimately denied the application. N.J.S.A. 2A:15-6 allows a …
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… Argued December 5, 2023 – Decided January 16, 2024 Before Judges Whipple, Mayer and Paganelli. On appeal from an … 12, 2021) (slip op. at 1), we affirmed the jury's award of compensatory damages to plaintiff. We also determined "an … financial documents were responsive to the court's orders. Ultimately, Care One's counsel was responsible for producing …
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… Argued June 6, 2023 – Decided August 1, 2023 Before Judges Gummer and Messano. On appeal from the Superior … certificate #16-00290 from the municipal tax assessor and commenced a tax foreclosure action against defendants in … of the Suffolk Cnty. Jail, 502 U.S. 367, 378 (1992)).] Ultimately, "equitable principles" "should . . . guide[]" a …
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… in her capacity as Municipal Clerk and Records Custodian for EWING TOWNSHIP, Defendants-Respondents. Argued October … Wright Tremaine LLP), attorney for amicus curiae Reporters Committee for Freedom of The Press & 20 Media Organizations. … [r]equested IA [r]eports address numerous matters that were ultimately dismissed as unsubstantiated or frivolous. That …