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… appeals from an order dismissing her putative class action complaint with prejudice for failure to state a claim upon … cosmetology students. In 2011 and 2012, plaintiff visited one of defendant's clinics where she received and paid …
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… A FAIR TRIAL. (Not raised below). POINT II THE PROSECUTOR’S COMMENT DURING SUMMATION REGARDING DEFENDANT’S FAILURE TO … State v. Berry, 140 N.J. 280, 293 (1995)). Under our rules of evidence, expert testimony is permissible "[i]f … prejudice," N.J.R.E. 403; State v. Sowell, 213 N.J. 89, 100 (2013). [State v. Cain, 224 N.J. 410, 421 (2016) …
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… of a mile. His 3 A-1426-14T2 speedometer read fifty-eight miles per hour, thirteen miles per hour over the speed limit. … 900 feet behind it. Asked if he was going "about 90, 100 miles an hour to catch up to" the vehicle, Sergeant … narcotics." He asked defendant "his name[] and where he was coming from." Defendant said his name was "Jonathan …
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… APPELLATE DIVISION DOCKET NO. A-5141-13T2 DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF ROOMING AND BOARDING HOUSE … refused Hansen House a reasonable accommodation, but nonetheless accommodated another entity, Oxford House, which … by the FHA. 42 U.S.C.A. §3602(h); see also 24 C.F.R. 100.201(a)(2); see also Oxford House, Inc. v. Twp. of Cherry …
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… v. JOSE LUIS RAMIREZ ESPINOZA, JOSEPH WEBER, U-HAUL COMPANY OF AMERICA, MANUFACTURERS INSURANCE COMPANY, and … appeal from Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-7438-11. Chad B. Sponder argued … CURE submitted a lengthy response, contesting over 100 items for which Arnala was billed by his attorney. On …
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… and "grabbed [her] around [her] neck and . . . then he come around towards the front . . . choking [her] against … of those drugs in the hospital records. . . . . [U]nless [Vanessa] from the second this assault occurred said I … be equal to the punishment for the first offense. [100 N.J. 627, 643-44 (1985).] In exercising discretion when …
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… on defendant's motion to suppress his statement, James Gillespie, an investigator in the Salem County Prosecutor's … explained that because everything was found in the common area of the room, they were all going to be charged … if it wasn't true." The judge decided to strike defendant's comments from the record and instructed the jurors that they …
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… robbery for inflicting injury upon Baker in the course of committing a theft while armed with a deadly weapon, … on a mulch bed directly in front of the home. DNA profiles generated from the items showed that Lewis was the … the assistant prosecutor. See State v. W.L. 292 N.J. Super. 100, 116 (App. Div. 1996) (quoting Demers v. Snyder, 282 …
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… and Carlo DiLizia summary judgment dismissing plaintiffs' complaint and denying plaintiffs' motion for partial summary … Officer showing compliance with the local and State rules and regulations governing the location and sanitation at … of a statute. The Palisades At Ft. Lee Condo. Ass'n v. 100 Old Palisade, LLC, 230 N.J. 427, 442 (2017) (citing …
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… a former attorney in the City's Law Department, filed a complaint in the trial court against defendants and Willis … his lawsuit against a third-party, and owed the City about $100,000, which was secured by a workers' compensation lien. … defendants provided answers to interrogatories. Nevertheless, plaintiff's attorney wrote to 6 A-2260-15T1 the court …
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… cases is limited. R.1:36-3. March 1, 2017 2 A-5705-13T2 comments by the trial judge made in front of the jury and at … of Atlantic City. COUNSEL: Do you want to look at the holes in my body? WITNESS: Excuse me? 13 A-5705-13T2 COUNSEL: … and applied the relevant factors under State v. Yarbough, 100 N.J. 627, 643-44 (1985), cert. denied, 475 U.S. 1014, …
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… Public Defender, attorney for appellant (Theresa Y. Kyles, Assistant Deputy Public Defender, of counsel and on the … The officers directed defendant to exit the vehicle and he complied. Opaleski directed Clyne to conduct a pat-down … is prima facie invalid, and the invalidity may be overcome only if the search falls within one of the specific …
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… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment Nos. 14-07-0826 and 14-07-0813. … that he was swerving over the dashed lines in the road and coming close to hitting the concrete divider. Vit turned on … State v. Reynolds, 41 N.J. 163, 176, cert. denied, 377 U.S. 1000 (1964)). "A trial court must exclude from summation …
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… FIVE MUST THEREFORE BE REVERSED. POINT III THE PROSECUTOR COMMITTED MISCONDUCT WHEN ERRONEOUSLY ADVISING THE JURY THAT … DETRIMENT IN FAILING TO CHARGE THE JURY ON THE LESSER-INCLUDED OFFENSE OF CONSPIRACY TO POSSESS CDS. (NOT … by evaluating the factors set forth in State v. Yarbough, 100 N.J. 627, 643-44 (1985). In imposing the maximum …
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… and REBECCA LIQUARI, Plaintiffs-Appellants, v. JENNIFER COMBS, Defendant, and PROCURA MANAGEMENT INC., and/or … process. . . ." Gambino v. Royal Globe Ins. Cos., 86 N.J. 100, 105-07 (1981). [Endo Surgi Ctr., P.C. v. Liberty Mut. … the percentage of interest prescribed in the New Jersey Rules of Court for judgments, awards, and orders for the …
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… Cross-Appellants, v. AMERICAN EUROPEAN INSURANCE COMPANY, Defendant-Appellant/ Cross-Respondent, and ZEV … the cause for respondents/cross-appellants. Eric S. Schlesinger argued the cause for respondents (Golden Rothschild … battery." Stafford v. T.H.E. Ins. Co., 309 N.J. Super. 97, 100 (App. Div. 1998) (emphasis added). Our Supreme Court …
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… on the brief). PER CURIAM This appeal concerns a failure to comply with the notice requirements of the New Jersey Tort … of speed, approximately fourteen to fifteen 4 A-1380-20 miles per hour. He explained that he stayed close to the … the Somerset County Jail's surveillance system, took over 100 photographs, and obtained a recorded statement from …
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… scene of the purse robbery could be considered part of a common plan or scheme admissible under N.J.R.E. 404(b). … defendant was acquitted of robbery but found guilty of the lesser included offense of third-degree theft, N.J.S.A. … defendant for a show-up identification. She stated she was "100 percent" sure he was her attacker. The 4 A-0239-20 …
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… In April 2016, plaintiff F.J.C. filed a divorce complaint seeking dissolution of the marriage based on … because the judge failed to consider all of the requisite factors set forth in Rule 5:3-5(c) and N.J.S.A. …
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… the welfare of a child, N.J.S.A. 2C:24-4(a)(2), and the lesser-included disorderly persons offense of simple … INVADED THE PROVINCE OF THE JURY. POINT III THE TRIAL COURT COMMITTED PLAIN ERROR BY PERMITTING THE JURY TO HAVE … relevant offense." Id. at 74–75 (citing State v. Yarbough, 100 N.J. 627, 645 (1985)). Defendant claims the judge erred …