id stringlengths 1 5 | contents stringlengths 63 12.3k | source stringclasses 2
values |
|---|---|---|
0 | Initially, Defendant seeks to claim that New Jersey precedent governs this outcome [Defendant’s Brief, pp.10-15]. Defendant cites two cases as the purported “precedent” requiring that this clause be enforced. Defendant cites the Supreme Court’s decision in *Delta Funding Corp. v. Harris*, 189 N.J. 28 (2006). This is... | brief |
1 | However, in each case, the party seeking the protection of the statute of limitations must be the party who induced the reliance by the plaintiff. Trinity Church v. Lawson–Bell, 394 N.J. Super. 159, 171 (App. Div. 2007) (“[A] defendant may be denied the benefit of a statute of limitations where, by its inequitable con... | brief |
2 | CCMC Appendix, Da138. The waiver of a jury trial set forth in Allstate’s policies could hardly be clearer. In a recent precedential case that is indistinguishable from this one, the United States Court of Appeals for the Third Circuit persuasively predicted that the New Jersey Supreme Court would compel arbitration w... | brief |
3 | DiFiore v. Pezic, 254 N.J. 212, 228 (2023). And under Rule 4:10-2, the answer is simple: the “scope of discovery” is limited to documents—including “electronically stored information”—that are “relevant. ” R. 4:10-2. The trial court disregarded Rule 4:10-2(a)’s relevancy limitation because, as it stated repeatedly, ... | brief |
4 | See also, Report of Eminent Domain Revisions Commission, pp. 24-28 (April 15, 1965), citing Wilson v. Long Branch, 27 NJ 360 (App. Div. 1958). 3 See Pemberton Township v Berardi 378 N.J. Super. 430 (App. Div. 2005) letter and appraisal (Da13;Da18;Da20) to point out that the purpose of the appraisal and the "property ... | brief |
5 | 71 Page offender an or offense an pertaining to circumstance or fact specific every identify to attempt not pose. would release defendant's a that risks the presenting in relevant be might that Circumstances. and Facts Relevant | directive |
6 | Unpub. BER-L-7752-17, LEXIS 1069, at *28 (Law Div. 2019) (“[T]he burden was on Plaintiffs to satisfy themselves as to what information they needed to confirm before finalizing the [contract]. . . . Plaintiffs cannot now be --- 6 | brief |
7 | Preciose, 129 N.J. at 464. B. Trial Counsel Failed to Have a Forensic Expert Testify Regarding the Viability of Testing the Tire Iron for Fingerprints and DNA. (Da 113 to 115) As referenced in POINT A, the State’s case was reliant upon defendant's having weaponized a tire iron to assault and rob Eric Webb. Consequ... | brief |
8 | (8T103:11). Bucci also extensively used the MDT which was in his police car as an essential tool to conduct necessary police procedures. (8T104:2). Bucci never just turned off the MDT and the policy was that the MDT was never to be turned off. (8T104:18; 21). Prychka instructed the officers that it was mandatory t... | brief |
9 | RETROACTIVELY Paterson contends in its complaint that the effective date of the COVID Statute was June 29, 2020, which is actually the date of the Statute’s amendment, where the Legislature added a “belt and suspenders” clause, reiterating that contracted service providers receiving payments pursuant to its provisions... | brief |
10 | In the event Plaintiffs are successful on appeal, they should still not be allowed to recovery attorneys’ fees and costs expended. New Jersey “has a strong policy disfavoring the shifting of attorneys’ fees. | brief |
11 | The Trial Court properly ruled that the Plaintiff was not qualified to provide testimony regarding the paint or the slipperiness of said paint as it falls within the purview of an expert. | brief |
12 | (4T:16-7 to 17-15). In August 2021, defendant was tried on the first three counts of the indictment before Judge Pereksta and a jury. The jury convicted defendant of all three counts. | brief |
13 | In a similar case seeking to oust other Rutgers’ BOG members, the Law Division determined that such members do not hold “office” (or State employment or position) and cannot be ousted on residency grounds pursuant to the New Jersey First Act, N.J.S.A. 52:14-7. In a published opinion authored by former Assignment Judge... | brief |
14 | We discern that the trial judge recognized the unfairness in barring the State from introducing the evidence of Williams's belated identification of defendant as his assailant. Barring that evidence would have been unfair to the State and indeed to Williams himself. Under these circumstances, the only fair thing to h... | brief |
15 | Zucker, K.J., *The myth of persistence: Response to “A Critical Commentary on Follow-Up Studies and Desistance Theories about Transgender and Gender Non-Conforming Children” by Temple Newhook et al.*, International Journal of Transgenderism, 19 (2018).................................................................12 | brief |
16 | A. That's a broad – I'll characterize it this way, is that we conduct annual drills, transmission safety drills, with local OEM. Holmdel may have been one of the participating groups, OEM, prior PB in one of our drills in the past, but I don't have that in front of me. But we do regularly interact by way of drill as... | brief |
17 | THE COURT ERRED WHEN IT PLACED THE BURDEN ON PETITIONER TO PROVE THE EXISTENCE OF UNDUE INFLUENCE BY CLEAR AND CONVINCING EVIDENCE In its opposition, the Respondent contends that the Petitioner had the burden of proving undue influence using the "clear and convincing" standard. Respondent's opposition overlooks the s... | brief |
18 | CRIMINAL ACTION On Appeal From a Denial of a Petition for Post-Conviction Relief in the Superior Court of New Jersey, Law Division, Camden County. Ind. No. 13-05001446-I Sat Below: Hon. Edward J. McBride, Jr., P.J.Cr. | brief |
19 | Plaintiff filed its complaint (Pa 6) and Defendant filed a motion to dismiss in lieu of an answer. (Pa 13) Plaintiff opposed the motion with the certification of its Executive Vice President who had firsthand knowledge of interaction between the parties and actively participated in communications to resolve the matte... | brief |
20 | The decision was based upon the court's assessment of whether there was an exception to the prohibition against warrantless searches because defendant gave third-party consent to the police to search the house. Illinois v. Rodriguez, 497 U.S. 177, 186 (1990). The court found the police officers' belief that defendant... | brief |
21 | N.J.R.E. 404(b) sharply limits the admission of evidence of other crimes or wrongs. This limitation is essential to guard against the risk “that the jury may convict the defendant because he is a ‘bad’ person in general” rather than because of the evidence adduced at trial. State v. Cofield, 127 N.J. 328, 336 (1992). | brief |
22 | 1. A criminal complaint may be filed against the defendant in locations indicated in Paragraph B3 above. 2. A criminal complaint filed pursuant to Paragraph C.1 above shall be investigated and prosecuted in the jurisdiction where the offense is alleged to have occurred. 3. A domestic violence complaint may be file... | directive |
23 | (188a) Thereafter, Plaintiffs discovered an Affidavit of Title executed by Menas as sole member of TNM. 622a. In addition, and most importantly, Plaintiffs discovered checks showing that Menas, four months prior to May 7, 2008, had already been repaid the alleged $250,000.00 loan for which Teddy Menas allegedly gave... | brief |
24 | HAD Application – Highlands Exemption Request – Aug. 2020 (CONT.) d. Section 4 – Narrative Report in Support of HAD – Highlands Exemption Request (CONT.) xiv. Exhibit N – Feb. 11, 2010 – DEP Agency Determination: Highlands Act – Exempt, Exemption 11, re: 300 Line Project – from Lawrence J. Baier, Director, Division o... | brief |
25 | (Pa002231). When questioned as to his understanding of when his client actually acquired the development rights, Mr. Bellin testified that his client acquired the development rights to the Property when it “signed a lease with the property owner. ” (Pa002250). Furthermore, Mr. Bellin testified that the land use appro... | brief |
26 | While a trial court would be well within its right to cut off further litigation of a motion once the court has decided the motion and finds there is no legal basis for any further litigation, the court in this case allowed further briefing to be filed by defense counsel. It violates principles of due process and fund... | brief |
27 | THE PLAINTIFF SYNAGOGUE AND THE ZONING BOARD ATTORNEY (NOT THE ZONING BOARD ITSELF) ERRONEOUSLY ASSERTED BELOW THAT THE CHANCERY COURT DETERMINATION --- THAT A PARKING EASEMENT ON LOT 5 WAS ESTABLISHED BY THE 1963 AGREEMENT --- WAS DETERMINATIVE AS TO THE N.J.S.A. 40:55D-68 DETERMINATION OF THE ZONING BOARD. THE TRI... | brief |
28 | Plaintiff-Appellant’s Brief at 12-14. Specifically, the State argues that the definition of “final judgment” used by the Restatement of Judgments is controlling for these purposes. Id. (citing Barker v. Brinegar, 346 N.J. Super. 558, 566 (App. Div. 2002) (quoting Hernandez v. Region Nine Hous. Corp., 146 N.J. 645, 65... | brief |
29 | Docket No. in The Court Below: ATL-L-002790-23 Sat Below: Hon. Michael J. Blee, A.J.S.C. RESPONDENTS’ BRIEF AND APPENDIX ON APPEAL CHIESA SHAHINIAN & GIANTOMASI PC 105 Eisenhower Parkway Roseland, NJ 07068 T: 973.325. 1500 Attorneys for Respondents/Defendants CITY OF ATLANTIC CITY, STATE OF NEW JERSEY, NEW JERSE... | brief |
30 | (FDU’s document production, Bates stamp D02132-D02134 at Pa. 65-67.) In addition, El-Helw admitted that when he was admitted into the Pharmacy Program that he signed the University admission form that said: It is agreed and understood that the signing of this application constitutes an agreement on the part of the st... | brief |
31 | BRIEF FOR DEFENDANTS-APPELLANTS KEVIN KERVENG TUNG, P.C. AND KEVIN TUNG, ESQ. DEFENDANT-APPELLANT: Kevin K. Tung, Esq., Pro Se Attorney ID#039111998 for KEVIN K. TUNG, ESQ. 136-20 38th Avenue, Suite 3D Flushing, NY 11354 Tel: (718) 939-4633 ktung@kktlawfirm. com DEFENDANT-APPELLANT: Kevin K. Tung, Esq. Attorney ... | brief |
32 | I I I I of Review the sale seized vehicles and other property: . . I a. Verify deposit of sale to treasury records b. Review records on sale, agrees to description - and amount - xi Trace receipts from the cash book to the County - Law Enforcement Trust Fund report select I adequate sample | directive |
33 | The FTC has also stated that “[a] debt collector may contact an employee of a telephone or telegraph company in order to contact the consumer, without violating the prohibition on communication to third parties. ” Statements of General Policy or Interpretation Staff Commentary on the FDCPA, 53 Fed. Reg. 50,097, 50,104... | brief |
34 | Appellants nonetheless contend that the “trial court failed to recognize or address this Court’s ruling” in County of Passaic v. Horizon Healthcare Services, Inc., 474 N.J. Super. 498 (App. Div. Feb. 8, 2023). (Pb at 29.) However, as explained in greater detail in Section IV.A below, County of Passaic supports affirm... | brief |
35 | Among other issues it resolved, the PSA (DA 282) provided for the equitable distribution of any proceeds from the sale of the only real property at issue in the divorce, specifically, the famed Olga's Diner, formerly of Marlton, NJ. The PSA refers to any proceeds of the “sale” of Olga’s Diner only. It does not state ... | brief |
36 | 3.7.4 CEDs must be capable of making a digital recording of the encounter each time the device is utilized, unless the officer carrying the CED is equipped with a body worn camera (BWC) as defined in Attorney General Directive 2015-1. The officer shall activate the BWC prior to utilization of the CED, unless exigent ... | directive |
37 | A litany of New Jersey statutes and regulations use the phrase “principally engaged” without specifically defining it which signifies that the phrase does not require a special definition. A litany of other New Jersey statutes and regulations use the phrase “principally engaged” without specifically defining it. See ... | brief |
38 | Fernandez v. Costco Wholesale Corp., No. A-6466-06T1, 2009 N.J. Super. Unpub. LEXIS 46 (App. Div. Jan. 8, 2009) (employer’s decision to not tolerate theft of any kind was a legitimate business reason for termination) (Da364-370). “To prove pretext, however, a plaintiff must do more than simply show that the employer’s... | brief |
39 | The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram; (d) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acti... | directive |
40 | SINCE DEFENDANT NEVER PLED ANY AFFIRMATIVE DEFENSE PREDICATED ON THE TCA, THE DEFENSE WAS WAIVED (931a-954a) Defendant was obliged to plead in its answer plaintiff’s alleged failure to comply with the TCA's notice requirements\(^1\) and a defense based on the TCA's notice requirements is subject to waiver. \(^2\) Def... | brief |
41 | However, Dr. Powell did locate and highlight a significant piece of financial information found in an Exhibit 13 titled “Home Building Income Statement Summary by Plan” in Lennar’s exemption application. Pa593 The exhibit indicates that the ‘Unleveraged IRR’ produced by the project would be a remarkably high 67.9% on... | brief |
42 | McCormack’s argument -- that the Correction of Errors statute, N.J.S.A. 43:15A-54 should allow her to purchase service credit (Pb18-19) -- should also fail because there is no longer an error to correct. The Board acted in compliance with the governing statute and regulation and found the equitable principles are not ... | brief |
43 | The Authority’s suggestion that FSA would have rejected financing because of insufficient parking demand lacks credibility for two reasons. First, the Authority \textit{never} conducted any study or analysis of parking demand that would have led it to believe, at any point prior to 2009, that the Project would not gen... | brief |
44 | (Pa000017-18, 26-29) The State first assumed the powers under N.J.S.A. 52:27BBBB-5 to modify, amend or terminate current CNAs, act as the City’s bargaining representative, and change conditions of employment on November 9, 2016 and was prevented by Court Order from making any changes until June 7, 2017. \(^4\) The MS... | brief |
45 | This Addendum to the Use of Force Policy is not intended to constitute a comprehensive document addressing all of the complicated issues involved in law enforcement responses to barricaded individuals. Rather, it is designed to ensure that every agency is utilizing best practices, including integrating mental health p... | directive |
46 | HEARING Refuting and Appeal of Superior Court Rulings 1. Judge ruled that all parties’ Motions going back to my Reconsideration Motion of Oct. ’22 Order “express dissatisfaction w/previous rulings”. | brief |
47 | U.S. Const. amend. XIV; N.J. Const. art. I, ¶¶ 1, 9, and 10. In the alternative, the failure to properly instruct the jury that an agreement to aid someone after a murder does not constitute a conspiracy to commit murder requires reversal of Venable’s conspiracy conviction. | brief |
48 | The model jury charge is “often helpful to trial courts performing this important function[,]” but in some cases, as here, the trial court must “mold the instruction in a manner that explains the law to the jury in the context of the material facts of the case. ” *State v. Concepcion*, 111 N.J. 376, 379 (1988). Here,... | brief |
49 | To explain further, the “Conditions” section of the resolution in question states (emphasis added): ... the Board hereby grants the requested relief from the Zone requirements associated with the Property, subject to the following conditions:" (26a) Paragraph 21 of the list of conditions of this resolution states: | brief |
50 | The revised Guidelines recognize a prosecutor’s authority to withhold ! tendering an authorized plea offer where to do otherwise could compromise or jeopardize the investigation or prosecution of the defendant or any other person for a more serious offense. See Section 1.1. | directive |
51 | *State v. Carey*, 168 N.J. 413, 422 (2001) (quoting *State v. Yarbough*, 100 N.J. 627, 643 (1985)). To that end, the court should consider the extent to which: (a) the crimes and their objectives were predominantly independent of each other; (b) the crimes involved separate acts of violence or threats of violence; (c)... | brief |
52 | This requirement is also echoed specifically in the CBD 15 Zone, wherein the Ordinance provides, "All development must be approved by the Borough Land Use Board and shall be submitted through the normal site plan and subdivision procedures as identified by *N.J.S.A.* 40:55D et seq., and the Borough Land Development Reg... | brief |
53 | W ap oblije pije 85% santans ke yo enpoze w an pou zak sa a ( sa yo) anvan pou w ta elijib pou libète kondisyonèl pou zak sa a (sa yo)? you will be required to serve 85% of the sentence imposed for that offense(s) before you will be eligible for parole on that offense(s)? [Wi/Yes] [Non/No] 2. Èske w konprann ke le... | directive |
54 | The police identified the number for "Tommy" on Fazzio's phone as belonging to co-defendant Thomas Bergholz (24T32-19 to 24). They located Bergholz on March 14, 2017, at a gas station in Monroeville (20T111-4 to 25). He was in a pickup truck with the truck's owner, Michael Lair (20T11-17 to 25;20T135-21 to 20T136-1;2... | brief |
55 | The accident occurred in the morning and it was undisputed that a thin layer of snow covered the roads in the area causing them to be slippery. Plaintiff Mockler stopped her car in the intersection and was prepared to turn left into her employer’s parking lot at the time of the accident. Her turn signal was operating... | brief |
56 | (Pa 209, at 44:16-23) Director Kenneth Childress further testified in his deposition that Defendant Martino admitted to him it was a squint: Q: “Did he [Martino] admit to making the squinting eye gesture?” A: “Yes. ” Q: “Did he [Martino] deny that he was squinting and say he was just closing his eyes? A: No. (Pa ... | brief |
57 | When Raheem and Nashon got shot, Brett Carmen was inside the Akbar, so he did not hear gunshots, however, he became aware shots had been fired from his radio. | brief |
58 | Defendant Has Ample Comparable Evidence Available to Him and Will Receive the Benefit of an Adverse-Inference Charge. Defendant has the ability to recreate the profile during his trial and any harm remaining from the loss of it would be eliminated by providing the jury with an adverse-inference charge. Judge Kazlau n... | brief |
59 | And that explains the low coverage limit for single-family uses in the R-20A Zone compared to conditional uses in the R-20A Zone that must obtain site plan approval under N.J.S.A. 40:55D-67(b). The Board’s commentary that it could not mitigate the impacts to the MPA through the imposition of conditions is at odds with... | brief |
60 | In order to limit unnecessary expenditure of time and effort, we incorporate the Procedural History and Statement of Facts set forth in Defendant’s Brief, with the understanding that the arguments set forth therein are of course not accepted by the Respondent and should be disregarded by this Honorable Court. | brief |
61 | V. The Commission failed to properly apply its own standards and precedents when considering violations of N.J.S.A. 18A:12-24.1(g) (Pa16) In its decision to dismiss the proposed violations of 18A:12-24.1(g) of specific Board members, the Commission indicated: “Although it is clear that the named Respondents, in the ... | brief |
62 | The audio is probative of exactly what was going on in the Plaintiff’s mind and body in terms of pain immediately upon police arrival at the scene of the crash on -- back in December of 2019. That’s four years earlier than this Plaintiff will have an opportunity to testify at trial, and memories sometimes fade. The v... | brief |
63 | Filed 11/09/18 ........................................................................ Da26 Exhibit A (legal description) .............................................. Da11 Exhibit B (map) .................................................................. Da13 Exhibit C (unreported opinion of Minke Family Trust... | brief |
64 | On October 13, 2021, a Union County Grand Jury returned Indictment No. 21-10-6461 charging defendant-appellant Akeem M. Barptelus and codefendants B.B., J.B., and M.P. with second-degree unlawful possession of a handgun, in violation of N.J.S.A. 2C:39-5(b)(1) (count one), and fourth-degree possession of a large capacit... | brief |
65 | ” (Pb14). But this is a misinterpretation that contradicts the Legislature’s actual intent, as explicitly stated in the statute it enacted. “The Court’s obligation when interpreting a law is to determine and carry out the Legislature’s intent. | brief |
66 | When he reviewed Michelle’s January 2, 2018, statement to the police on, Dr. Dietz did so with “a skeptical and hopefully discerning eye” as he would any statement made by anyone that he reviewed. (13T52-22 to 53-4). Dr. Dietz understood “that not everything that people are quoted as saying is quoted accurately. Not... | brief |
67 | On August 4, 2022, Special Master Orlofsky issued a robust, sixty-four page Report and Recommendations (“Remand R&R 1”), which framed the “question posed on remand by the parties [as] whether the Appellate Division’s decision to limit the statute of limitations on RICO damages should change [the Special Master’s] and t... | brief |
68 | ADULT An individual who is 18 years of age or older. ADOLESCENT An individual who is at least 13 years of age but less than 18 years of age. Adolescents are eligible for a full range of services by the SART. Current New Jersey law requires that before any sexual assault medical forensic examination of an adolescen... | directive |
69 | In this case, Defendants never even asked the Board members to compile a log or otherwise explain the parameters of their private email use for government business. From there it can be evaluated if the --- \(^6\) For example, the OPRA statute renders the municipal clerk the custodian for a municipal body but the mun... | brief |
70 | D. date. This Directive shall take effect immediately. The provisions of this Effective Directive shall remain in force and effect unless and until it is repealed, amended, or superseded by Order of the Attorney General. | directive |
71 | In case otherwise not case the and is offense disorderly petty or offense, persons disorderly crime, indictable (presumption 4.5 Section or complaint-warrant) charging by (mandatory 4.4 Section under covered 33 Page unless acomplaint-summons issue shall agency enforcement law a bycomplaint-warrant), ofcharging this of ... | directive |
72 | The trial court held, among other things, that (i) pay-when-able loans are enforceable under New Jersey law; (ii) Plaintiff’s claims were not barred by *N.J.S.A. 2A:14-1*; (iii) Sweeney breached the parties’ April 26, 2013 pay-when-able loan agreement; and (iv) Plaintiff had not discharged Defendants’ prior loan obliga... | brief |
73 | *(See* 38842a-38871a (50-State Survey)). Further, this Court has specifically applied the *Code of Judicial Conduct*’s conflict-of-interest rules to Special Masters in the context of *Mount Laurel* litigation. *See Deland v. Twp. of Berkeley*, 361 N.J. Super. 1, 12 (App. Div. 2003). In rejecting disqualification her... | brief |
74 | NHA maintains the absolute right to set the standards of performance for its employees. It is beyond dispute that Sims could not perform the essential functions of her carpentry position when she was terminated from her employment on January 6, 2020. NHA based its decision on the only information it had before it at ... | brief |
75 | Stipulation of dismissal with prejudice as to Cosima Cassese and Cassese Enterprises, Inc.-filed May 16, 2023.................................3a Doe v. Roe, 2023 WL 2542566 (App. Div.)...........................................5a Moore v. Croatian American Bocci Club, 2008 WL 2548541 (App. Div.)......................... | brief |
76 | Lasisi submitted discovery evidence to the trial court, Burlington Superior Court, documenting her medical state, issues of jurisdiction and challenges within the elements plaintiff must prove beyond a reasonable doubt, proof of her whereabouts and vehicle information; the plaintiff agreed with Lasisi. On April 13, 20... | brief |
77 | ”). Yet, despite the court’s recognition that multiple guidelines supported concurrent terms, it imposed consecutive sentences. The inescapable conclusion is that its misunderstanding of the no-free crimes guideline was dispositive, and it imposed consecutive terms based on the mistaken belief that unless it imposed ... | brief |
78 | Prior custodial sentence of 30 days or more Prior custodial sentence: The final disposition for an offense committed by the Defendant, handed down before the Index Assault. ✔The sentence itself must be for at least 30 days. ✔The Defendant must have been admitted to an adult or juvenile correctional facility, prison... | directive |
79 | Indeed, Trupiano concedes that Amaconn did make various improvements to his Unit. See Db14; 1T:74:8 (Agreeing that new sink and kitchen cabinets were installed); 1T:78:11-12 (Agreeing that water heater was replaced); 5T:64:7-8 (Agreeing that he vacated the Unit so that it could be --- \(^1\) Mr. Metzger’s Certificati... | brief |
80 | In *Superior Integrated Sols. V. Mercer Ins. Co. of N.J.*, No. A-1027-18T4, 2020 N.J. Super. Unpub. LEXIS 2147 (App. Div. Nov. 10, 2020), the Appellate Division analyzed a policy exclusion nearly identical to the exclusion in the instant matter. In that regard, the policy in *Superior Integrated Solutions* excluded an... | brief |
81 | Notably, Defendant failed to address the numerous misrepresentations by FDU staff that Plaintiff was able to select and/or opt-in to the dual degree program at a time after the end of Plaintiff’s first year. Defendant also failed to address the August 1, 2024 internal emails between Dr. Almeida, Dr. Michael Avaltroni,... | brief |
82 | The new policy singles out transgender, gender non-conforming, and non-binary students for differential treatment, as it requires school staff to inform parents only about those students who request a “public name/identity/pronoun change, bathroom/locker room accommodation, or club/sports accommodations, or the like. ”... | brief |
83 | Nevertheless, plaintiffs’s argument is without merit as the Notice of Appeal was filed within 45 days of the entry of the final order dealing with the most important issue on the remand—the turn-over of the fund in court. It is fundamental that only a final order or judgment may be appealed as of right. R. 2:2-3. It... | brief |
84 | The defense had enough fodder for cross examination in what they claim were prior inconsistent statements of the plaintiff concerning the altercation itself; and which were relevant in the liability phase. There was no need to delve into plaintiff’s physical activities. In any event, the fact that plaintiff can ride ... | brief |
85 | He was Crew Supervisor, but he was on childcare leave during reactionary mode. He testified he never called Mr. Bartos (T. P. 124, L1-15). Janice Nelson testified for NJDOT. She stated she did not know of any instance where Mr. Bartos was called and asked to come in to work under Reactionary Mode (T. P. 73, L4-8). ... | brief |
86 | ” (Da373) She found “[t]he verdict relied upon the identifications at the scene by eyewitnesses, not the failure of Petitioner to establish an alibi,” and concluded, without support, that failing to call Johnson was a strategic decision. (Da373-74) The PCR judge again applied an improperly onerous standard. Also, ... | brief |
87 | 100 N.J. at 647; see also State v. Liepe, 239 N.J. 359, 373 (2019). For example, "[c]rimes involving multiple deaths or victims who have sustained serious bodily injuries represent especially suitable circumstances for the imposition of consecutive sentences." Carey, 168 N.J. at 428. And because the five "facts rela... | brief |
88 | Our Supreme Court, interpreting R. 1:12-1(g) (formerly R. 1:12-1(f)), has set forth the standard as follows: “Would a reasonable, fully informed person have doubts about the judge’s impartiality? ” See DeNike, 195 N.J. at 517. “However, before the court may be disqualified on the ground of an appearance of bias, the... | brief |
89 | The passage from *Culver* cited by Judge Goodzeit was excerpted from this more in-depth analysis in *United States v. Athlone Industries, Inc.*, 746 F.2d 977, 984 (3d Cir. 1984): This court has on more than one occasion grappled with the difficult question of identity of causes of action for purposes of claim preclusi... | brief |
90 | Counsel for Kline did not attempt to ask Trooper Morenski to offer an opinion about who was at fault or who caused the accident. The nature of the evidence offered by Kline’s counsel in this case is entirely different than the opinion testimony that was excluded in Neno. Kline simply sought to offer a diagram that sh... | brief |
91 | ...............Pa157 PRELIMINARY STATEMENT Plaintiff-Appellant Scott Diana submits his Reply to the Brief collectively submitted by Defendant-Respondents LVNV Funding LLC ("LVNV"), Sherman Originator LLC ("Sherman") and Sherman Originator III LLC ("Sherman III") (collectively, "LVNV Defendants") and to the Brief coll... | brief |
92 | (Pa437-Pa438) On that date, according to a Memo to File prepared by Rigg's office, an employee named "Steve" from AKR called Rigg's office to inquire why Rigg's cut sheets did not match AKR's current plans. (Pa437) Rigg's employee wrote in the Memo: "I explained to him that the plans that we were given [by AKR] to ... | brief |
93 | ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2022-11 TO: All County Prosecutors Director, Division of Criminal Justice FROM: Matthew J. Platkin, Attorney General DATE: October 21, 2022 SUBJECT: Rescission of Attorney General Law Enforcement Directive No. 2020-03, Directive Regarding Non-Prosecution of Healthcare F... | directive |
94 | ORDERS (3T, p. 5, line 13, to p. 7, line 5) (4T, p. 44, line 13, to p. 46, line 14) SECTION J SUMMARY OF CONTRADICTIONS & ERRORS IN COURT’S OCT. 6, 2022, MARCH 7, 2023, & SEPT. 6, 2023 | brief |
95 | ’ ” Jeter v. Sam’s Club, 250 N.J. 240, 252 (2022) (quoting Nisivoccia, supra, 175 N.J. at 559). As such, this rule gives rise to a rebuttable inference that defendant is negligent and eliminates the need for plaintiff to prove actual or constructive notice. Prioleau v. Kentucky Fried Chicken, Inc., 223 N.J. 245, 258... | brief |
96 | “Video-recorded evidence is reviewed under the same standard. ” Hagans, 233 N.J. at 38 (citing State v. S.S., 229 N.J. 360, 381 (2017)). Here, defendant provides nothing to set aside the judge’s determination, based on the totality of the circumstances, that his consent was valid. | brief |
97 | To the extent the court found the issues are not identical because “the scope of the evidence sought to be suppressed is different,” this has no bearing on the constitutionality of the officers’ seizure of defendant and the evidence. Whether defendant seeks to suppress all or some of the evidence seized as a result of... | brief |
98 | The Division on Civil Rights (DCR), as part of the Department of Law and Public Safety, under the authority of the Attorney General, is responsible for enforcing New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Among other things and with some exceptions, the LAD makes it unlawful to discriminate... | directive |
99 | Indeed, the folly of Trupiano’s argument reveals itself if more than one unit was tenant-protected and not sold upon the conversion. Suppose, for example, 6 of 11 units ended up being tenant-protected and not sold. Does that mean that Amaconn’s return is limited to only the 5 units that were sold, despite that the Pr... | brief |
End of preview. Expand in Data Studio
Public Defender Retrieval Dataset.
Load with
from datasets import load_dataset
test = load_dataset("ai-law-society-lab/PublicDefenseDataset", data_files={"test": "queries_and_targets.csv"})["test"]
corpus = load_dataset("ai-law-society-lab/PublicDefenseDataset", data_files="corpus.jsonl")["train"]
To run evaluation with SentenceTransformers
from sentence_transformers.evaluation import InformationRetrievalEvaluator
from sentence_transformers import SentenceTransformer
from collections import defaultdict
queries = {i:j for i,j in zip(test["query_idx"], test["query"])}
corpus = {int(i):j for i,j in zip(corpus["id"], corpus["contents"])}
relevant_docs = defaultdict(set)
for example in test:
relevant_docs[example["query_idx"]].add(example["gold_idx"])
model = SentenceTransformer("intfloat/e5-base-v2")
ir_evaluator = InformationRetrievalEvaluator(
queries=queries,
corpus=corpus,
relevant_docs=relevant_docs)
results = ir_evaluator(model)
- Downloads last month
- 20