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- A-0323-20T4 Opinionnjcourts.gov… has not established that his claims of invalidity are supported by settled law, that alteration of the present … to dismiss plaintiff's petition, arguing that it was both unsupported and untimely. On the same day, plaintiff filed an … that the special circumstances of the COVID-19 pandemic supported the Executive Orders modifying customary election …
- A-9-20 Opinionnjcourts.gov… obstructing the criminal justice process. To make that determination, the Act directs judges to conduct an … United States in violation of federal law. 6 To make that determination, the Act directs judges to conduct an … present. The language the Legislature placed in the CJRA supports that conclusion. The key word, “appearance,” …
- A-77-19 Opinionnjcourts.gov… motion to dismiss plaintiffs’ complaint based on its determination that plaintiffs could not satisfy Rule 4:32-1’s … cohesive to warrant adjudication by representation. That determination requires an assessment of various factors, … Rule 4:32-1(a)’s numerosity requirement. That estimate is supported by the class period pled, which spanned two years …
- A-65-19 Opinionnjcourts.gov… police to respond to an ongoing emergency. In making that determination, the court noted factors such as where the … is therefore not admissible as a dying declaration. In support of his argument, defendant draws a distinction … the limitations of the Confrontation Clause. 13 Amicus ACDL supports many of defendant’s arguments and warns that …
- A-49-19 Opinionnjcourts.gov… in the light most favorable to Allen, there is evidence to support all four elements of her CEPA claims under both … her for reappointment and that the Board agreed with his determination. She added that on August 7, 2014, she received … 12 Law, N.J.S.A. 19:44A-20.3 to -20.27, as statutes supporting her claims. She did not identify the provision of …
- A-46-19 Opinionnjcourts.gov… put Cervantes in fear of immediate bodily injury -- thus supporting a conviction for robbery, not theft -- was a … to and following defendant’s passing the note to the teller supported a finding of robbery when viewed in context. The … with ample witness testimony and documentary evidence to support the conviction, and in recognition of the …
- A-75/76-18 Opinionnjcourts.gov… 2A:162-15 to -26). (pp. 14-18) 4. A number of sound reasons support the conclusion that the Legislature considered and … for a violation of pretrial release; that Williams supports their position; that they did not receive proper … the plain text of the contempt statute; that Gandhi supports its position; that defendants had adequate notice …
- A-24-18 Opinionnjcourts.gov… on the cost of brake repairs to be asserted classwide, supported only by aggregate proofs. Plaintiff filed this … Appellate Division reversed the trial court’s post-trial determinations, reinstated the jury’s award for out-of-pocket … question of damages that remained. The trial court’s determination was firmly grounded in the trial evidence, which …
- A-13-18 Opinionnjcourts.gov… enhance any custodial sentence in the pending DWI cases. In support of his Laurick motion, Patel filed two … three certifications in the Piscataway Municipal Court in support of his application to bar the use of his 1994 DWI … for a violation of the same statute. 18 In reaching that determination, the Court set different standards of proof for …
- A-86-15 Opinionnjcourts.gov… placed it in his jeans pocket before he put them on. In support, defendant sought to call his mother, Darlene … events. The Appellate Division affirmed the trial court’s determination that the evidence was admissible based upon the … dealing with issues of this nature, the Judge makes a determination but he does not have to apply strictly the rules …
- A-76-13 Opinionnjcourts.gov… no basis not to apply the law of the case doctrine.” 17 In support of his argument, Wardrick cites to State v. Ellis, … to render inconsistent verdicts as long as each charge is supported by sufficient evidence in the record. According to the State, the evidence in the present case “amply supported the first-degree robbery convictions.” …
- A-43/44-13 Opinionnjcourts.gov… agreement would not significantly interfere with the determination of governmental policy.” Id. at 404. PERC … three municipalities appealed their PERC administrative determinations. The Appellate Division observed that the … entity employer demonstrate the necessary fiscal urgency to support a finding that the layoff action was non-negotiable …
- A-66-12 Opinionnjcourts.gov… price when the response provides credible information supporting its opinion that the offer is too low. County of … about the offering price when that invitation is supported by concrete and credible evidence of value, Malik … start with the plain language of the statute. N.J. Dep’t of Children & Families v. A.L., 213 N.J. 1, 20 (2013); …
- njcourts.gov… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. 7 According VRP all reasonable and … highest and best use conclusions are reasonable and supported by the record. C. Methodology “There is no single …
- njcourts.gov… . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. According plaintiff all reasonable and … property that is physically possible, appropriately supported, financially feasible, and that results in the …
- 11330-2015 Opinionnjcourts.gov… each of which is addressed in the Director’s final determination at issue here and in plaintiff’s Complaint. To … plaintiff a Notice of Assessment Related to Final Audit Determination. Pursuant to the Notice, the Director computed … the controlling statutes, regulations, and legal precedents support the conclusion that the Subject Assets are not …
- 014946-2014 Opinionnjcourts.gov… income, and a refund issued. Taxpayer appealed the Final Determination by timely filing a complaint with this court. 1 … by the language “[t]he following will assist in the determination of what is a regular place of business.” … principal office site in New Jersey provided nearly all support services to the sales force, including basic …
- BER-L-2383-19 Opinionnjcourts.gov… panic attacks when she thought about the accident and saw children and staff that were also passengers on the bus. She … accrual of the claim upon a showing by way of motion and supporting affidavits that the public entity or public … and necessarily leaves it for a case-by-case determination as to whether the reasons given rise to the …
- A-1137-17T3 Opinionnjcourts.gov… OF WHICH PARTICULAR OFFENSE WAS THE SUBJECT OF THE JURY'S DETERMINATION. [U.S. CONSTITUTION, AMENDMENTS V AND XIV; N.J. … his friend with whom he met with after beating the victim supported his request for the charge. He argues that with … the Court described "some of the factors pertinent to the determination of intoxication sufficient to satisfy the test …
- A-4010-17T4 Opinionnjcourts.gov… altercations between [defendant] and Bostic in its determination of whether [defendant] was reasonably provoked … N.J. 112 (1991), and State v. Bonano, 59 N.J. 515 (1971) to support his contention that tailoring was warranted, but his … Defendant cites State v. Randolph, 228 N.J. 566 (2017) to support his contention that the flight charge should have …