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… needed to conduct discovery in order to develop evidence in support of the motion, and defense counsel reminded … that Dr. O'Shea was at fault. Plaintiff's expert report supports an inference that the workers' compensation system …
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… W.M. appeals from an April 18, 2017 final agency determination by the Director of the Division of Medical … 18, 2017, the DMAHS Director again reversed the ALJ's determination. The Director noted that "[t]he issue here is … it is "arbitrary, capricious or unreasonable . . . or not supported by the substantial credible evidence in the …
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… deference to the trial court's findings of fact that are supported by sufficient credible evidence in the record. … the suppression hearing are well-founded. There is ample support in the record for the judge's finding that defendant … have identified several considerations relevant to the determination, including, most significantly, the temporal …
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… brief asserts that the affidavits of service, used to support the entry of default, were invalid because they were … reconsideration motion, plaintiff's manager, Howard Rothschild, certified that plaintiff "came to believe" that Nancy … Id. at 120. Additionally, Nancy's certification in support of the motion to vacate the judgments provided …
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… (App. Div. 1957)). "Nonetheless, . . . the essential facts supporting plaintiff's cause of action must be presented in … recognized, a statute of limitations defense is "factual determination on [plaintiffs'] business savvy" — to be … The decision requires more than a simple factual determination; it should be made by a judge and by a judge …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … are satisfied that the trial court's findings of fact are supported by sufficient credible evidence and its denial of …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … explain his legal options." However, the record does not support defendant's contention. During the plea hearing, the …
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… petition and brief and make the best available arguments in support of them."). 4 The certification was not based on … From the record provided, it appears that the only legal support defendant supplied his attorney at the time was a …
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… during the grand jury hearing. Despite the PCR judge's determination that defendant's petition was time-barred … explained that defendant failed to satisfy the "threshold determination of prosecutorial knowledge[,]" State v. Carter, … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
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… only upon the establishment of a prima facie [case] in support of post-conviction relief." R. 3:22-10(b). "To … "Rather, defendant must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
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… physical characteristics" between Scott and defendant to support defendant's claim of misidentification. On March 24, … "Monique and Carl Blanchard were witnesses that would've supported that." According to PCR counsel, Stuckey being … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… TRIAL COURT OR CONDEMI GOING TO CREDIBILITY AND REQUIRING DETERMINATION BY A FACT-FINDER AS TO WHETHER CONDEMI … BASIS FOR LIABILITY IS ONE THAT REQUIRES A FACT-FINDING DETERMINATION AS TO BAUTISTA'S CONTENTION THAT CONDEMI … Super. 229, 233 (App. Div. 1995) ("[E]vidence submitted in support of a motion for summary judgment must be …
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… and costs." 6 A-2276-15T1 (1995). When reviewing such determinations on appeal, "a trial court's interpretation of … (Winter 2001)).] Plaintiff failed to provide evidence to support his claim of predatory lending under the CFA. … 1:4-8, was deficient, and the motion judge's fee sanction determination was excessive. We disagree. 6 According to …
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… Board's purchase of insurance. There is simply no textual support for that interpretation. Under the contract's plain … or personal injury). The Board's claim also finds no support in the contract's waiver of subrogation provisions, …
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… defense under the Gun Amnesty Law, L. 2013, c. 117. With no supporting certification, defendant asserted in his pro se … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … State v. Locurto, 157 N.J. 463, 471 (1999)). The record supported the trial court's findings that the police … search based upon consent, we do not need to address the determination 11 A-2190-16T3 that there was insufficient …
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… factual findings of the trial court if those findings are supported by sufficient evidence in the record. State v. … the circumstances test to make "a practical, common sense determination whether, given all of the circumstances, 'there … We discern no abuse of the court's discretion in this determination. Our Supreme Court has held "a person has no …
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… Farrington is challenging the final administrative determinations of the PERS Board of Trustees (the Board or … administrative appeal.1 We thus address only the Board's determinations. Finding these determinations to be neither … arbitrary, unreasonable, or capricious action, or a lack of support in the record, "[a]n administrative agency's final …
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… and NJM as her insurer. We defer to the trial court's determination that this alleged conflict was not a subject … afterwards. The judge made detailed credibility findings in support of her decision. After carefully considering the … to the judge's credibility findings and her overall determinations of fact, including her critical finding that …
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… argues in a single point: THE PCR COURT ERRED IN ITS DETERMINATION THAT THE TESTIMONY PRESENTED AT THE EVIDENTIARY … we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … was more credible than defendant's denial. N.J.R.E. 406(a) supports the PCR court's findings that both counsel "acted …