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A-4037-23 Briefs
Briefs
njcourts.gov
… overpayments . . . was ‘foggy’ at best and insufficient to support a claim of an actual overpayment,” and (2) his … July 24, 2024 decision should be affirmed because it is supported by the facts and consistent with the requirements … Comm’n, 169 N.J. 579, 587 (2001). Unless the Commission’s determination is “patently incompatible with the language and …
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njcourts.gov
… in issuing the order and because its decision was supported by substantial credible evidence in the record, we … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Univ. Cottage Club, … Div. 2010) (finding our deference to a "'credibility determination, made after due consideration of the witnesses' …
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njcourts.gov
… only upon the establishment of a prima facie case in support of [PCR.] . . . To establish a prima facie case, … Zuber, 227 N.J. 422, 429 (2017), our Supreme Court noted "'children are different' when it comes to sentencing, and … where society draws the line for many purposes between childhood and adulthood.'" Id. at 550-51 (quoting Ryan, 249 …
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njcourts.gov
… seeking to reopen discovery. Defendants referenced no facts supporting they submitted sufficient funds to cure the … defendants had failed to posit any material facts to "support any . . . suggestion of conspiracy between" … omitted). Bare assertions in the pleadings without factual support in affidavits will not defeat an application for …
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njcourts.gov
… point on appeal: THE TOTALITY OF THE CIRCUMSTANCES DID NOT SUPPORT A REQUEST FOR CONSENT TO SEARCH THE VEHICLE. The … identification, and offered conflicting stories). That determination must be based on an objective evaluation of the … credible evidence in the record to support the court's determination the officers had a reasonable articulable …
njcourts.gov
… under R[ule] 3:22-12(a)(2)[.]" A trial court's procedural determination to deny a PCR petition without a hearing is … raised any new claims nor any newly discovered evidence to support his second petition for PCR. Even if we address the … was ineffective, we conclude this argument lacks sufficient support. Claims of ineffective assistance of counsel …
njcourts.gov
… motion in part and denying it in part. The court supported its decision with a letter opinion. The trial … the New Jersey Office of the Insurance Fraud Prosecutor, support plaintiffs' positions. They add that the trial … in bills, reports, and medical records submitted in support of claims 17 A-3819-23 for payment for healthcare …
njcourts.gov
… behalf of MPI and punitive damages on behalf of Morris. In support of their case, plaintiffs produced a report prepared … (App. Div. 2005). Proximate cause "'requires an initial determination of cause-in-fact' . . . [which] 'requires proof … A- 2653-20 11 The plaintiff then "must present evidence to support a finding that defendant's negligent conduct was a …
njcourts.gov
… abused his discretion in issuing excessive and unsupported fee awards. We agree and, accordingly, reverse and … Hager, 246 N.J. at 13. We review a trial court's fee determinations "with deference and will disturb them 'only on … see also Rendine, 141 N.J. at 335-37. [T]he trial court's determination of the lodestar amount is the most significant …
njcourts.gov
… sought summary relief. Marjam opposed the motion. In support of its position, Marjam submitted invoices from its … previously appealed. II. We defer to the judge's factual determinations that are supported by substantial credible … State, 357 N.J. Super. 560, 590 (App. Div. 2003). "[F]ee determinations by trial courts will be disturbed only on the …
njcourts.gov
… 2020," counsel supplied no documentation to the judge to support this representation. In May 2020, Elsayed appeared … of the [SOL]. The established record before this court supports this inevitable conclusion. There was no response … be denied . . . accordingly is wholly without merit and unsupported by any rule or common law in the State of New …
njcourts.gov
… the pad outside the shelter, between the 6 A-0083-22 metal supports and the edge of the concrete, which he described … lack of warning were simply net opinions with no factual support in the record. Finally, in addition to arguing … the Authority maintained there was nothing in the record to support a finding that the Authority's actions or failures …
njcourts.gov
… to transfer venue from Hudson County to Bergen County. In support of that motion, Dr. Le's counsel certified that at … facts set forth in the certification filed by plaintiff in support of the motion for reconsideration, as well as the … in January 2022. There is substantial, credible evidence supporting the trial court's finding that plaintiff's causes …
njcourts.gov
… so the resulting laws are also unconstitutional. In support of this theory, [p]laintiff explains [s]enators who … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,' or if … N.J. Super. 502, 508–09 (App. Div. 2008)). As a threshold determination, "[a] lack of standing . . . precludes a court …
njcourts.gov
… on the presence of the four "fake" kilos of cocaine to support his theory, as well as Sergeant Webb's testimony. … in the area of the V-shaped cut on the top of the kilo. In support of this argument, defense counsel noted … 542; Fritz, 105 N.J. at 52. We agree with the PCR judge's determination that defendant failed to establish counsel was …
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… created for the purpose of providing maritime education to children." 436 N.J. Super. at 470-71. Before deeding the … the plaintiff's reliance on his expert's opinion to support his position "that the 'accident site was in a … Ibid. Likewise, here, we are satisfied the record does not support a finding of gross negligence by defendants that …
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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … owed no independent duty of care to the plaintiff's children, who were non-clients, to advise them of the tax … decided material facts in dispute, and made credibility determinations.4 We agree. 4 We reject OSBNJ's additional …
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… will be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that … from a "manifest lack of inherently credible evidence to support the 15 A-2588-17T1 finding, obvious overlooking or … of summary judgment motions, what must be presented in support of and in opposition to such motions, and the …
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… of parole ineligibility. Maldonado's factual basis supporting his guilty plea included 5 A-4621-16T2 statements … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998).] These determinations are "best made" through an evidentiary hearing. …
njcourts.gov
… set forth various mathematical calculations to make a determination that, for the [c]ourt rather, to determine that … State to cure at trial deficiencies that were necessary to support a foundation for an alcohol influence report, when … belief that Judge 12 A-2647-14T2 McGeady made credibility determinations regarding the testimony of Letavish and …