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njcourts.gov
… pursuing a new complaint with appropriate evidential support. We reject defendants' other arguments for reversal, … in Vineland Construction, 395 N.J. Super. at 252, "The determination of necessity [in N.J.S.A. 40A:12A-8(c)] is a … concepts: (1) the inherent "legislative" nature of a determination of necessity for acquiring a parcel under the …
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njcourts.gov
… also states that [d]efendants did not provide any evidence supporting their decision to install the membrane instead of … rent which she would have received from [her tenant], childcare, and credit card interest 12 A-4039-19 charges. … as the trial court in our review of summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
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njcourts.gov
… Eric S. Solotoff argued the cause for appellant (Fox Rothschild LLP, attorneys; Eric S. Solotoff, of counsel and on … relied on [the presiding judge's] dicta in reaching a determination of whether the parties had a reasonable prospect … 411 (1998). A judge's findings are "binding on appeal when supported by adequate, substantial, credible evidence," …
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njcourts.gov
… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … a deep trench was excavated without the required shoring or support and completed those projects without safety issues … whether the trench could collapse. The record does not support plaintiffs' assertion that defendants knew their …
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njcourts.gov
… judge considered the municipal court judge's credibility determinations and further found Officer Shanley was a … is sufficient credible evidence present in the record to support the findings of the Law Division judge, not the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… MID- TO UPPER-ECHELON DEALER WHERE THERE WAS NO EVIDENCE TO SUPPORT THAT OPINION. F. CONCLUSION. POINT III IT WAS … uphold those factual findings of the trial judge that are "supported by sufficient credible evidence in the record," … omitted).] Similarly, we find the record here does not support an application of the plain feel doctrine.9 9 …
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A-1126-23 Briefs
Briefs
njcourts.gov
… the Valentines’ variance application, and its denial was supported by both the record and the well-established, … below, the trial court erred in overturning the Board’s determination and substituting its judgment for that of the … (277a-280a) The Court’s role in reviewing factual determinations of local boards is clearly defined by case law, …
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A-43-23 Answering Brief Hackensack Meridian Health
Briefs
njcourts.gov
… OPPOSITION TO PLAINTIFFS’ MOTION FOR LEAVE TO APPEAL AND IN SUPPORT OF CROSS MOTION FOR LEAVE TO APPEAL On the Brief and … 18 * Plaintiffs’ appendix in support of their motion for leave to appeal to this Court is … medicine only and thus was not qualified to give an AOM supporting the claims against the defendants. Plaintiffs …
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njcourts.gov
… report by the ordered deadline and, therefore, could not support their medical negligence action. BD cross-moved for … cross- moved to shift the burden of proof to defendants. In support of their motion, plaintiffs attached an August 2, … expert report addressing the standard of care to support their claims. Judge Bina K. Desai presided over the …
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njcourts.gov
… we are satisfied there was sufficient credible evidence supporting the court's findings that defendant's statement … Here the evidence produced at the testimonial hearing supports the finding that the police provided . . . … right against self-incrimination if, when making that determination, they have not been informed of the charges …
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A-10/11-24 Respondent Response to Jersey City United Against the New Ward Map
Briefs
njcourts.gov
… instructions, for the trial Court to make a factual determination of whether there was a “rational basis” supporting the Map. Those remand proceedings have been … to have the same free speech and association rights to support or oppose the re-election of Gilmore. [Id., …
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njcourts.gov
… hurt for coming forth." Assigned counsel filed a brief in support of defendant's pro se PCR petition, alleging plea … trial court. Strickland, 466 U.S. at 682. We make this determination because in arguing that plea counsel 18 … of a prima facie case in support of [PCR], a determination by the court that there are material issues of …
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njcourts.gov
… 2024, the court entered an order granting Kolbe's motion supported by a written opinion. The court determined Shore … and mere puffing about a product or a company that will not support relief." N.J. Citizen Action v. Schering-Plough … or exaggerated claims of product quality that will not support relief under the CFA. These types of general …
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A-43-24 Gibbons PC Amicus Curiae Brief
Briefs
njcourts.gov
… 14 III. ANY RELEVANT EVIDENCE IN SUPPORT OF AN INSANITY DEFENSE SHOULD BE PERMITTED, WITH ITS … In this case, and as set forth below, the jury’s factual determination of insanity would not have required such … are instructed to consider all the facts and make a determination as to the defendant’s mental capacity to …
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A-1248-23 Briefs
Briefs
njcourts.gov
… Sat Below: Hon. Joseph A. Turula, P.J.Cv. BRIEF IN SUPPORT OF INTERLOCUTORY APPEAL LOMURRO MUNSON, LLC Monmouth … system, and language barriers are all relevant to this determination; other factors may be as well.” Id. at 238. The … the psychologist to recognize a person’s right to “self-determination,” and the need for “special safeguards . . . to …
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A-19-24 Petition For Certification
Briefs
njcourts.gov
… 4. The Appellate Division Incorrectly Assumes, Without Any Support, That Sovereign Immunity is the Exception, Not the … did not explicitly rule as such, the implication of his determination would render N.J.S.A. 2A:15-60 as functionally … more general one)). He appears to have largely based this determination on the relative age of the statutes. Ibid. But …
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njcourts.gov
… the expert medical testimony and plaintiff's testimony supporting his claims and discussed each facet of … you deem appropriate. I remind you that you are to make a determination on the amount of damages based on the evidence … See ibid. (asking jury to hold defendant accountable to children of Asbury Park); State v. Rose, 112 N.J. 454, 520, …
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njcourts.gov
… respect to jurisdiction "to determine if those findings are supported by substantial, credible evidence in the record," … of Manalapan, 140 N.J. 366, 378 (1995). Whether the facts support a conclusion that the court has personal … activity of some sorts within a state is not enough to support the demand that the corporation be amenable to suits …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Burney, 255 … of the crime is another question of fact for your determination. Mere departure from a place where a crime has … took into account that defendant is the parent of seven children and recognized the "dramatic impact" a long …
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njcourts.gov
… the general public; (d) to encourage broad-based community support and participation in developing low-income housing; … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with … for the moral and mental improvement of men, women and children, provided that if any portion of a building used …