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931 KENNETH HAGEL v. KEVIN DAVENPORT -- rank: 511

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-1532-14. Anthony P. Seijas argued the cause for appellants ... Discrimination, N.J.S.A. 10:5- A-3652-19 2 1 to -42 (the LAD), by denying him the promotion ... and in uniform. On each picture, someone drew the letter 'L' on his forehead. Yet another picture of plaintiff with the letter 'L' drawn on the forehead compared him to 'the American Blowfish ... military service. Plaintiff believed Davenport made those documents because the 'L' in them resembled the ones he witnessed Davenport drawing on ... drew male genitalia on it pointing toward plaintiff's mouth. 2. Lance's testimony. Lance heard Davenport comment that 'all ...

docket:	a3652-19
court:	NJ Superior Court Appellate Division
decided:	2024-02-06
status:	Unpublished
citation:
Document Size:	186938

932 /usr/local/share/www/libweb/collections/courts/appellate/a-67-12.opn.html -- rank: 511

... clearly capable of producing an unjust result. (pp. 11-12) 2. Once the jury expressed that it could not reach a ... to resume deliberations. (pp. 14-16) 4. Rule 1:8-2(d)(1) sets forth the procedure for the substitution of ... substitution, necessitated by illness, that conforms with Rule 1:8-2(d)(1) does not alter that conclusion. (pp. 28-30 ... trial court to substitute an alternate. CHIEF JUSTICE RABNER, JUSTICE L a Vecchia , JUSTICE FERNANDEZ-VINA, and JUDGE RODRÍGUEZ (temporarily ... appellant ( Andrew C. Carey , Acting Middlesex County Prosecutor, attorney). Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for respondent ... then substituted an alternate in accordance with Rule 1:8-2(d)(1) and properly instructed the reconstituted jury to ...

docket:	A-67-12
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:	218 N.J. 130 93 A.3d 739
Document Size:	107094

933 MARCUS HJERNANDEZ V. DON BOSCO PREPARATORY HIGH, ET AL -- rank: 511

... an order denying its motion for summary judgment. See footnote 2 Because this is an issue of first impression in New ... called a meeting with Marc and his parents on March 2, 1995. Defendant contends that during the March 2 meeting, Mike Sack was present and described the incident when ... s room. At the end of the meeting on March 2, O'Sullivan told the Hernandez family that Marc was being ... U.S. 296 , 299, 86 S. Ct. 486 , 488, 15 L. Ed.2d 373 , 377 (1966); see also Burton v. Wilmington ...

docket:	a2723-98
court:	njappellate
decided:	1999-06-08
status:	published
citation:	322 N.J.Super. 1
Document Size:	54356

934 IN THE MATTER OF THE ESTATE OF SAMUEL P HEKEMIAN -- rank: 511

... 4:87-1 and N.J.S.A. 3B:17-2, which, collectively, allow an interested party to file an action ... the common surname and intend no disrespect. A-1774-21 2 I. We glean these facts from the record. Samuel Hekemian ... pursuant to the [LWT],' specifically, (1) the 'Credit Shelter Trust'; (2) the 'Generation-Skipping Marital Trust'; and (3) the 'Residuary Marital ... under Rules 4:87- 1(b) and 4:87-3.2 In the complaint, plaintiff asserted that in 2020, he and ... in a September 10, 2020 letter to defendants, plaintiff 'request[ed] a distribution from the Credit Shelter Trust and/or loan ... of the memo to his brothers. In the complaint, plaintiff 2 Rule 4:87-1 sets forth the procedure for ...

docket:	a1774-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-13
status:	Unpublished
citation:
Document Size:	60982

935 STATE OF NEW JERSEY v. COREY PICKETT, -- rank: 511

... A. Albert and Anant K. Saraswat, on the brief). Dino L. LaVerghetta (Sidley Austin LLP), of the District of Columbia and ... Drs. Mats Heimdahl and Jeanna Matthews (Coughlin Duffy LLP, Dino L. LaVerghetta, (Sidley Austin LLP) of the District of Columbia and ... and Iain C. Armstrong (Sidley Austin LLP) A-4207-19T4 2 of the District of Columbia and Virginia bars, admitted pro hac vice, attorneys; Dino L. LaVerghetta, Iain C. Armstrong, Matthew Hopkins, and Mark K. Silver ... noteworthy results. For example, as part of a Daubert2 hearing, 2 Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 ... to which proffered expert testimony supports the claim for disclosure; (2) the specificity of the information sought; (3) the available ...

docket:	a4207-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-03
status:	Published
citation:
Document Size:	129452

936 UNB INVESTMENT COMPANY, INC., Plaintiff, Approved for Publication In the New Jersey Tax Court Reports v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 511

... matter is therefore ripe for summary judgment. R. 4:46-2(c). UNB Investment Company (“UNB”) is a New Jersey ... CBT Act”). See N.J.S.A. 54:10A-4(l), defining real estate investment trust as “any corporation, trust ... income tax liability. See I.R.C. §857(b)(2)(B). The dividend paid by Bridgewater to UNB was reported ... question. See also , N.J.A.C. 18:7-5.2(a)(2)(i), which, in instructing how entire net income should be ... ” as defined by I.R.C. §857(b)(2), which explicitly provides for the dividends paid deduction. 15 ...

docket:	04760-03
court:
decided:	2004-05-12
status:
citation:	21 N.J. Tax 354
Document Size:	61589

937 STATE V. JOSE LUIS REYES -- rank: 511

... capacity due to mental disease or defect. (pp. 13-21) 2. Not every mental disease or defect has relevance to the ... Assistant Deputy Public Defender, argued the cause for respondent ( Susan L. Reisner , Public Defender, attorney; Mr. Hannigan and William Welaj , Designated ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989), and that his appellate counsel's failure ... failure to assert that N.J.S.A. 2C:4-2 was unconstitutional based on Humanik v. Beyer , 87 F.2d ... denied , 493 U.S. 812 , 110 S. Ct. 57 , 107 L. Ed.2d 25 (1989). I.����Facts ����Jose Luis Reyes ...

docket:	a-85-94
court:	njsupreme
decided:	1995-06-05
status:
citation:	140 N.J. 344
Document Size:	63729

938 STATE OF NEW JERSEY v. JAMES J. MAUTI -- rank: 511

... JAMES J. MAUTI, Defendant-Appellant. __________________________________ September 8, 2010 Argued June 2, 2010 - Decided Before Judges Skillman, Fuentes and Simonelli. On appeal ... attorneys; Mr. Baldassare and Jennifer Mara, on the brief). Remi L. Spencer argued the cause for appellant Jeannette Mauti (Spencer & Associates ... whether the spousal privilege in N.J.R.E. 501(2) can be pierced by applying the factors outlined by the ... the status privilege conferred by N.J.R.E. 501(2). The following facts will inform our discussion of the issues ... in this appeal. I On December 1, 2006, "Joanne" 1 L. gave a recorded statement to detectives of the Springfield Police ... At the time of this incident, Joanne's sister, Jeannette L., had been romantically involved with defendant for ten years ...

docket:	a3023-09
court:	superior court appellate division
decided:	2010-09-08
status:	published
citation:	416 N.J. Super. 178 3 A.3d 624
Document Size:	49636

939 Gina Stelluti v. Casapenn Enterprises, LLC -- rank: 511

... requirement to perform under a specific duty imposed by law; 2) the waiver was not unconscionable and Stelluti read and understood ... void based on any notion of procedural unconscionability. (Pp. 1518) 2. In considering whether the agreement was enforceable even though it ... ing] to properly maintain and set up the stationary bike"; 2) "fail[ing] to properly instruct the plaintiff as to how ... a specific legal duty imposed by statute or by regulation; 2) that the waiver signed by Stelluti was not unconscionable and ... if: (1) it does not adversely affect the public interest; (2) the exculpated party is not under a legal duty to ... issue of general public importance in this appeal, see R. 2:12-4, concerns the enforceability of an exculpatory agreement ...

docket:	a-43-09
court:	supreme
decided:	2010-08-05
status:
citation:	203 N.J. 286 1 A.3d 678
Document Size:	174656

940 STATE OF NEW JERSEY v. FRANCIS S. WALKER -- rank: 511

... knock" entry to the premises. During the afternoon of October 2, 2001, police officers positioned themselves to execute the warrant. Sergeant ... U.S. 1 , 8, 105 S. Ct. 1694 , 1699, 85 L. Ed.2d 1 , 7-8 (1985). Although a knock and announcement ... S. 385 , 394, 117 S. Ct. 1416 , 1421-22, 137 L. Ed.2d 615 , 624 (1997)). The court must determine whether the ... J.S.A. 2C:35-4.1c.] Section 4.1a(2) defines "structure" as "any building, room, ship, vessel or ...

docket:	a3632-02
court:	njappellate
decided:	2006-05-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73860

941 DOCKET NO. A-3097-10T2 A-3528-10T2 FOURTEEN FLORENCE STREET CORPORATION, a New Jersey Corporation MECCA & SON TRUCKING COMPANY, INC a New Jersey Corporation and HELEN MECCA v. ARMENIA COFFEE CORP., a New Jersey Corporation, REGAL TRADING, INC., -- rank: 511

... although preserving other claims. Plaintiffs subsequently received a quote of $90,800 to remove the machinery Hudson's and Armenia abandoned ... on their capital contribution, $417,238.20 in back rent, $90,800 for property damage to the premises, and prejudgment interest ... bankruptcy. That decision is preclusive here. Watkins v. Resorts Int'l Hotel & Casino Inc. , 124 N.J. 398 , 406 (1991). The ... denied , 485 U.S. 906 , 108 S. Ct. 1077 , 99 L. Ed.2d 237 (1988). Defendants next claim the court erred in ... Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. They contend that the court's ...

docket:	a3097-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-11
status:	Published
citation:
Document Size:	93521

942 State of New Jersey v. Richard J. Chippero -- rank: 511

... purpose and flagrancy of the official misconduct.� (Pp. 14-16) 2.����Of the three factors, temporal proximity is the least determinative ... that was located near Tocci's. McMenemy stated that at 2:39 p.m. that day, while waiting for his daughter ... S. 471 , 486, 83 S. Ct. 407 , 416-17, 9 L. Ed.2d 441 , 454 (1963)). �Ultimately, the determination whether the evidence ... n.10, 95 S. Ct. 2254 , 2262 n.10, 45 L. Ed.2d 416 , 427 n.10 (1975)). In considering whether ...

docket:	a-46-99
court:	njsupreme
decided:	2000-06-30
status:
citation:	164 N.J. 342
Document Size:	60663

943 JOSEPH VAS VS. JOSEPH J. ROBERTS, JR. -- rank: 511

... appeal from Speaker of the New Jersey General Assembly. Alan L. Zegas argued the cause for appellant (Law Offices of Alan L. Zegas, attorneys; Mr. Zegas, Edward J. Byrne, and Terel L. Klein, on the brief). J. Bradford McIlvain argued the cause ... Respondent counters that his action is not appealable under Rule 2:2-3(a)(2) because it was neither a final agency decision nor ...

docket:	A0399-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-04
status:	published
citation:	418 N.J. Super. 509 14 A.3d 766
Document Size:	66173

944 STATE OF NEW JERSEY v. NACIA H. WEBB -- rank: 511

... Law Division, Camden County, Indictment No. 09-08-2640. Lorane L. Posner argued the cause for appellant (Alan Dexter Bowman, P ... conspiracy to distribute CDS, N.J.S.A. 2C:5-2 and 2C:35-5(b)(1) (count eight). 1 After ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from both his conviction and sentence, raising the ... warrants at the residences on Kenwood Avenue and Rand Street. 2 Detective Ruiz testified after a SWAT team secured the Kenwood ... Thereafter, defendant filed a motion pursuant to Rule 3:18-2 for judgment of acquittal raising the same argument he raised ... the vehicle. We review this issue for plain error. R. 2:10-2. The qualifications of the officer and the ...

docket:	a3649-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	62730

945 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 511

... PER CURIAM Defendant Melvin R. Douglas appeals from a November 2, 2015 conviction, entered following his guilty plea to fourth-degree ... LOITERING IN VIOLATION OF N.J.S.A. 2C:33-2.1 WAS INVALID BECAUSE THAT STATUTE IS UNCONSTITUTIONAL. BECAUSE THE ... COMMITTED A VIOLATION OF N.J.S.A. 2C:33-2.1. THEREFORE, THE MARIJUANA FOUND ON [DEFENDANT'S] PERSON WAS ... challenges the constitutionality of N.J.S.A. 2C:33-2.1, which criminalizes loitering for the purpose of distributing drugs ... S. 399 , 402-03, 86 S. Ct. 518 , 520, 15 L. Ed.2d 447 (1966) ("It is established that a law ...

docket:	a2047-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	40440