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njcourts.gov
… 455 N.J. Super. at 398, and we will not disturb its determination "unless [PERC's] decision is shown to be arbitrary, capricious, or unreasonable, lacking fair support in the evidence, or violative of a legislative … PERC. Although the preferred procedure is to seek a scope determination from PERC before attending arbitration, a party …
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A-64-24 Answering Brief
Briefs
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… P.J.A.D. Hon. Lisa A. Puglisi, J.A.D. AMENDED BRIEF IN SUPPORT OF DEFENDANT-RESPONDENT NIRAV PATEL Galantucci & … April 10, 2023 due to a juror, a Deputy Attorney General, support staff, and defense counsel contracting COVID-19. On … relied upon the trial court’s analysis in making its determination. (Ma11-Ma12).2 2 In its brief, the State …
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A-64-24 Appellant Response to Amicus Brief
Briefs
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… no New Jersey case law—or case law in any jurisdiction—to support such a test. And there are good reasons why courts … decisis factors. For another, the ACLU’s approach lacks support from case law across the country, and for good … the State is asking this Court to hold that the ultimate determination of the truthfulness of the evidence must be …
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njcourts.gov
… for the moral and mental improvement of men, women and children, provided that if any portion of a building used … opined Grove Hall "operat[ed] as a bed and breakfast to support [plaintiff's] programs at the Great Auditorium." … improvement clause, the judge found the record evidence supported the conclusion that "[p]laintiff's object and …
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njcourts.gov
… ha[d] not cited any decisional law on point that directly support[ed] its position." The Acting Commissioner rejected … Comm'n, 234 N.J. 150, 157 (2018), because an "agency's determination on the merits 'will be sustained unless there is … of a strictly legal issue." Ibid. (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 (2011) …
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njcourts.gov
… testimony at an evidentiary hearing will be upheld when supported by sufficient credible evidence in the record. … Court held that show-ups are "inherently suggestive," to support his contention that plea counsel's failure 10 … of reasonable professional assistance. 208 N.J. at 259. In support of this argument, defendant points to: (1) an …
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njcourts.gov
… evaluation, 4 A-3324-23 defendant reported an abusive childhood, including sexual abuse by her father, and she had … diagnosis if proffered through an expert report, would have supported a viable defense and argument for the application … point for our consideration. THE PCR JUDGE ERRED IN ITS DETERMINATION THAT TRIAL AND APPELLATE COUNSEL DID NOT PROVIDE …
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njcourts.gov
… influence 8 A-0409-24 of alcohol or . . . something." To support his conclusion, Callan explained defendant "was so … appeal, the State did not assert the stop was otherwise supported by the attenuation doctrine or police thought the … States v. Sokolow, 490 U.S. 1, 7 (1989)). 14 A-0409-24 "A determination of reasonable suspicion is fact-sensitive." …
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A-12-25 Appellant’s Brief
Briefs
njcourts.gov
… ON BEHALF OF PLAINTIFF- APPELLANT JAMES G. LOWE, M.D., IN SUPPORT OF MOTION FOR LEAVE TO FILE AN INTERLOCUTORY APPEAL … The Supreme Court owes 'no special deference to the legal determinations of the trial court or the Appellate Division.' … is nothing in the text or the purpose of the CFA that supports an exemption for fraudulent or unconscionable …
njcourts.gov
… State presented two certified judgments of conviction in support of its application." Id. at 634. But nothing in the … claim. If, in contrast to this case, a judge makes the determination based on an ambiguous record, where, for … applied to N.J.S.A. 2C:44-3(a) focuses on the threshold determination of eligibility for an extended term, not the …
njcourts.gov
… to Rule 4:6-2(e). Perceiving no error in the judge's determination that judicial interference in the affairs of the … obligations." Plaintiff further argues New Jersey case law supports exercising jurisdiction over social clubs to … member is expelled from that organization"). The judge's determination that judicial relief was inappropriate is …
njcourts.gov
… and died shortly after defendants removed her from life-supporting devices. Plaintiff Jermaine Spence (Wright's … objections to the declaration of death and removal of life support; (3) defendants' actions resulted in Wright's … argued the religious objection to the withdrawal of life support, allegedly in violation of the Act, was the basis …
njcourts.gov
… over 550 days, plaintiff provided medical expert reports to support her claims, but little discovery on liability. … summary judgment, arguing plaintiff offered no evidence to support her negligence claim. After argument, the trial … "[p]roximate cause may . . . be removed from the jury's determination if causation depends on the validity of an …
njcourts.gov
… further evaluation of the evidence to make an independent determination of value. The market approach (or using … elements of comparison”). Market evidence must support any element of comparison that causes “value … researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be …
njcourts.gov
… are based on the statements of material fact submitted in support of the motion and cross-motion for summary judgment. … facts submitted by the movant which are sufficiently supported are to be deemed admitted unless the other party … Plaintiff’s reliance on N.J.S.A. 54:4-3.30(b)(2) for support is misplaced. The referenced provision is …
njcourts.gov
… researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be … is no requirement that a taxpayer use expert testimony to support his or her claim of value, the taxpayer is not … cannot “arbitrarily assign a value to the property not supported in the record.” Ibid. Here, there was no such …
njcourts.gov
… used for common maintenance; (4) there was no evidence to support ordering an accounting of the Association's finances … to owners; and (5) there was no basis in law or fact to support Shieh's contention that the Association's board of … and determined by a valid and final judgment, the determination is conclusive in a subsequent action between the …
njcourts.gov
… the court found the line of cases plaintiff cited in support of an exception to such provisions inapposite, not supporting the proposition for which they were being … Livingston matter, [] in front of the same arbitrator." In support of his appeal, plaintiff raises a host of points of …
njcourts.gov
… concluded Greg provided "not a scintilla of evidence to support [his] claim" that Liz violated the GJ or failed to … unless it is convinced those findings "are so manifestly unsupported by or inconsistent with the competent, relevant … the judgment without providing "a scintilla of evidence to support [his] claim" that Liz was "a bad guardian." …
njcourts.gov
… general governing legal principles. Our review of agency determinations is limited. See In re Stallworth, 208 N.J. 182, … it is "arbitrary, capricious, or unreasonable, or not supported by substantial credible evidence in the record as … (1) The agency followed the law; (2) substantial evidence supports the findings; and (3) the agency "clearly erred" in …