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… the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … the [CBA]." Standard Motor Freight, Inc. v. Int'l Bhd. of Teamsters, 49 N.J. 83, 96 (1967) (citing United Steelworkers … be a question subject to the grievance procedures, with the ultimate step being binding arbitration. The only limitation …
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… EVERETT, PETER FERRO, GLENN VAN PELL, STEVE POLLACK, LISA MCCOMSEY, CHRIS ROSATI, GERRY RODELLI, SHEREE ROBINSON, PAUL … on July 20, 2011; they are not parties to this appeal. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … OCBA was the lead defendant in this matter. Therefore, the ultimate decision on whether plaintiffs would be reinstated …
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… Submitted February 15, 2018 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … defendant in a conversation about where he was going to and coming from before he was stopped. During the encounter, … and a package of rubber bands."2 Nonetheless, the judge ultimately held that the second search of defendant was …
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… Submitted March 20, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … investigated the cause of her facial bruising and swelling; ultimately, they concluded she sustained a "facial … On March 23, 2015, the Division filed a verified complaint for care and supervision of Shayna, pursuant to …
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… v. ROBERT G. MOSS, JR., Defendant-Appellant. Submitted for April 9, 2018 – Decided Before Judges Sabatino and Rose. … Martinez for the present weapons-related offenses were ultimately dismissed. 2 Padilla was sentenced to a … . . . connected together or constituting parts of a common scheme or plan." Indeed, Rule 3:15-1(b) bars …
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… Submitted March 19, 2018 - Decided Before Judges Messano and Accurso. On appeal from Superior … brain concussion, drug effects, sleep deprivation, or any combination thereof" which "is not a matter that can be … it as inadmissible and disregard it in determining the ultimate issue of guilt or innocence). 4 State v. Kociolek, …
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… Submitted January 22, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … his reasonable expenses in light of his imputed income." Id. at 23. In a comprehensive written statement of … id. at 559, while here it was the central unresolved issue ultimately decided against defendant. In Quinn, 225 N.J. at …
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… Submitted January 8, 2019 – Decided January 31, 2019 Before Judges Hoffman and Suter. On appeal from Superior Court … robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … and applied a factual analysis and conclusion to each. Ultimately, he found "the affirmative presence of all five" …
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… plate numbers of the three vehicles into his patrol car computer and found that one of the vehicles, a 2003 … 490 U.S. 1, 7 (1989) (quoting Terry, 392 U.S. at 27). Ultimately, "courts will not inquire into the motivation of … business, nor for the transportation of freights, such as steam road rollers and traction engines are excepted from the …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DWAYNE BECKFORD, Defendant-Appellant. … Count Three would be dismissed, and the prosecutor would recommend four years' probation conditioned on defendant … a reasonable likelihood that his or her claim . . . will ultimately succeed on the merits." Ibid. The court shall not …
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… Submitted May 10, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … the suppression record and the applicable law, we are compelled to reverse. I. We discern the following facts from … of the plain feel doctrine, the court did not make the ultimate determination whether this exception could justify …
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… Argued January 10, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from the … consider a certification containing hearsay statements by company officers discussing an explicitly discriminatory … like plaintiff, sued defendant for age discrimination, but ultimately lost in arbitration. Sperman's certification, …
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… Submitted January 25, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the Police Training Commission and Civil Service Commission, Docket No. 2015- … was not a demonstration of good cause to impose the ultimate penalty of dismissal." Our scope of review of an …
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… Submitted January 11, 2017 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification … 387 (1984). "If the State can show that 'the information ultimately or inevitably would have been discovered by …
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… Submitted December 22, 2016 – Decided Before Judges Lihotz and O'Connor. On appeal from the New … of Labor and Workforce Development, Division of Workers' Compensation, Docket No. 2006- 20819. Kavanagh & Kavanagh, … Savio was to remove the siding from a house. Although the ultimate job Giambri intended to complete for the homeowner …
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… Argued December 9, 2015 – Decided June 30, 2017 Before Judges Koblitz, Kennedy, and Gilson. On appeal from the … returned back to Cedar Hill. On January 12, 2009, Joseph complained of left side weakness and back spasms. He was … fed him solid food, which led to cardiopulmonary arrest and ultimately, his death on March 12, 2009. Joseph's wife filed …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLIFFORD MOORE, Defendant-Appellant. ___________________________ … See also Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 3:23-8 (2017) (stating that "[t]he deletion … that obviated the need for her to testify, which the judge ultimately enforced 13 A-1661-14T4 out of judicial economy …
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… POINTE DEVELOPMENT, LLC, a New Jersey Limited Liability Company; LIRO ARCHITECTS AND ENGINEERS WEST, PC, a New … of Thornton Tomasetti, Inc., Defendants-Respondents, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that exceeded rebuttal of the defense experts' reports. Ultimately, the judge agreed that portions of the …
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… Submitted January 30, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … against admission of the knife, which the trial judge ultimately rejected. 6 A-2291-16T4 On defendant's claim that … it was unlikely that Douglas "would have been more forthcoming" with details concerning the incident than he was …
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… Submitted September 28, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … Protection and Permanency (Division) filing a verified complaint and application for an order to show cause for … surplus pills. Defendant typically denied his requests but ultimately relented because his family was struggling …