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njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … matters implicated in the motion, including the reasons in support of the denial, are not precluded." (citing A & P …
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njcourts.gov
… 2010, Exxon filed a cross-claim against ALMI seeking a determination that it was excused from its obligations to … 443 (2011) (noting that the doctrine finds its 20 A-3011-18 support in our State Constitution and the goal "that all … notice been given." Id. at 530 (quoting Am. Ins. v. Fairchild Indus., Inc., 56 F.3d 435, 440- 41 (2d Cir. 1995)). …
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njcourts.gov
… Strattice case filings and made further argument in support of their original application, does not, however, … no other plaintiffs or plaintiffs' firms served letters in support of consolidation. The original group of plaintiff … received, to the Supreme Court for its review and determination." Here, the Administrative Director closed the …
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njcourts.gov
… requirements of Rule 4:46-1. Bowers cites no precedent to support her interpretation of the Rule. "We apply the same … court decided all motions in limine." However, there is no support for this claim in the public record of proceedings … court "affords no special deference to the legal determinations of the trial court" (citing Manalapan Realty, …
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njcourts.gov
… composure and offered reasonable interpretations which were supported by the transcript in evidence." The court found … exclusive." The court also found that the record did not support defendant's argument that he was "mentally … overlap between the factors that govern a court's determination of whether a Miranda waiver is valid and the …
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njcourts.gov
… at 454, the Supreme Court stated that the broad test for determination of such an application is whether the evidence … telephone conversations, or other trial evidence to support the trial prosecutor's argument in summation that … evidence leads us to conclude that there is insufficient support for the proposition that Berry exercised substantial …
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njcourts.gov
… Lanzo's illness; and (4) there was insufficient evidence to support the jury's verdict that Mr. Lanzo was exposed to … United States Geological Survey (USGS) had concurred in a determination by EMV Associates, Inc. that several J&J talc … and what is to be excluded. Those are not credibility determinations that are the province of the jury, but rather …
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njcourts.gov
… of the temple. That night, the rabbi, his wife, their five children (ranging in ages from seven to fifteen), the … MUST BE REVERSED. POINT II – THE RECORD DOES NOT SUPPORT THE TRIAL COURT'S LEGAL CONCLUSION THAT THE … First, the ATA has various components, including a material support provision that does not require a political …
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njcourts.gov
… arguments in light of the record, we reverse the court's determination that Damien violated paragraphs (k)(8) and … who requested another practitioner perform a "clinically supported" diagnostic test, id. at (b)(2), to make that … Code violations by Dr. Damien that resulted in the determination that he is required to pay back any monies paid …
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njcourts.gov
… CREDIT. Appellate review of a trial court's evidentiary determinations is limited to examining the decision for abuse … anew the record on which the trial court's admissibility determination was based." Ibid. Generally, evidentiary … gathered from the circumstances if the facts 16 A-2501-17T3 support the inference.'" State v. Prall, 231 N.J. 567, 585 …
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njcourts.gov
… were "mischaracterized as a personal disagreement." To support her claims of retaliation and IIED, plaintiff largely relied on the allegations used to support her hostile work environment claim. With respect to … his wife's personal problems stemming from her difficult childhood; on another occasion, he told her his sister was …
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njcourts.gov
… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. In response to the …
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njcourts.gov
… of that product during annual service visits. III. To support its demand for apportionment under the Act, … cross-claims are dismissed. Young, 123 N.J. at 599. This supports the proposition that, at trial, the non-settling … purposes of allocation under the Act, which requires a determination "in the form of a percentage, of each party's …
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njcourts.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,” …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …