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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 September 14, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … charging Sutton and Powell with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … "MATCHED" ITEMS TAKEN BY THE ROBBERS WAS INAPPROPRIATE ULTIMATE-ISSUE TESTIMONY, UNHELPFUL TO THE JURY, AND HIGHLY …
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… M. PIERCE, DECEASED. Argued August 30, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … On November 16, 2015, Cromwell filed her first verified complaint seeking Pierce's removal. She alleged that Pierce … a reason to remove an executor[.]" Nevertheless, the judge ultimately found that Pierce "neglected and refused to …
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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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… Argued November 8, 2017 – Decided Before Judges Fisher, Fasciale and Moynihan. On appeal from … on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … treat similarly situated employees equally. Id. at 304. The ultimate burden of persuasion remains at all times with the …
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… Submitted October 3, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. Furthermore, Rule …
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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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… Argued September 28, 2017 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … to make a left-hand turn, directly across the path of the oncoming motorcycle, which struck defendant's car on its right … while impaired." However, the judge ignored the report's ultimate conclusion that "[t]here is 9 A-3283-16T1 …
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… Argued April 5, 2017 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal … or LEED consulting services. Defendant is an owner of commercial real estate. Defendant contracted with plaintiff … are always subject to the scrutiny of the motion judge and ultimately, to the exercise of discretion in determining the …
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… Submitted July 25, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… v. JERSEY SHORE UNIVERSITY MEDICAL CENTER formerly known as Jersey Shore Medical Center, MERIDIAN … Defendants denied such liability. A jury trial commenced on August 24, 2015 against several of the named … Plaintiffs accepted the consulting attorney's ultimate recommendations. However, defendant and his insurer …
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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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… 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 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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… Argued January 31, 2019 – Decided July 19, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … until March 2013, when Lumenergi, Inc., a venture capital company he worked for in California, was shut down. 1 Two … on September 10, 2014, see L. 2014, c. 42, §1, the court ultimately concluded N.J.S.A. 2A:34-23(k) did not apply to …
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… Argued June 4, 2019 – Decided July 19, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … each issuing authority by resolution, first approved by the commissioner, may impose any condition or conditions to the … The Town contends the Director's decision to stay and ultimately void the special condition on Iron Bar's license …
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… Submitted June 5, 2019 – Decided July 16, 2019 Before Judges Koblitz and Mayer. On appeal from the Superior … officer's conduct. The motion court found that eight of the complaints involved suspects charged with conduct similar to … caseload will weigh less heavily—although the State remains ultimately responsible to move cases along in a timely …