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… TO ANSWER SUCH QUESTIONS, AND SHE PROVIDED NO BASIS TO SUPPORT HER NET OPINIONS (not raised below). POINT III … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" Townsend v. … opinion, the expert must 'give the why and wherefore' that supports the opinion.'" Ehrlich v. Sorokin, 451 N.J. Super. …
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… Association for Justice to file amici curiae briefs, which support Capri's contentions. We also granted leave to the … Insurance Association to file amici curiae briefs, which support defendants' contentions. Because our holdings and … Rule 4:6-2(e). Id. at 40. 16 A-3551-20 In reaching that determination, we noted there were "scores of federal and …
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… As for the negative criteria, the Board offers no evidence supporting its finding that a six-foot stockade fence … such as those in the surrounding neighborhood." The record supports the opposite, that is that none of the neighbors … a (c)(2) variance was arbitrary and capricious and without support in the record, we reverse the judgment of the Law …
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… present mixed questions of law and fact, we defer to the supported factual findings of the trial court, but we review … court's interpretation of OPRA, which constitutes a legal determination."); In re A.D., 259 N.J. 337, 351 (2024) ("We . … assumption of the obligation. We upheld the trial judge's determination that "no equitable or exceptional reason" barred …
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… property, N.J.S.A. 2C:35-5(a), -7(a). B. The Competency Determinations Competency questions concerning defendant's … such incapacity endures." N.J.S.A. 2C:4-4(a). Competency determinations are the sole province of the court, and upon a … and medicated in both prison and hospital settings, supported dismissal. The court analyzed the nature and …
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… "That is not my daughter, that's my husband's daughter. My children do not act like that, you know my children," which … to and agreed with the municipal court's credibility determinations, except it found it difficult to determine … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 …
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… had occurred since the first trial judge's final order. To support her third TRO ("TRO 3"), Sydney testified she was … violence complaint, trial courts must make two distinct determinations: "[f]irst, the judge must determine whether the … denying an FRO was issued and was not appealed; (4) the determination of whether the facts and allegations prior to …
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… Court's own research, there does not appear to be authority supporting Defendant's position that risk purchasing groups … The disclaimer of coverage makes this matter ripe for determination by the court. For these reasons, the court finds … 101 N.J. 597 (1986). Where the policy language will support two interpretations, only one of which will support …
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… failed to make a sufficient showing of prejudice to support his motion for severance. Further, the State avers … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … of the trial court ." Id. at 318. In making the determination, "a court must consider the competing factors …
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… evidentiary hearing if they establish a prima facie case in support of post-conviction relief, the court determines … a defendant has presented a prima facie claim and the facts supporting the claim are outside of the trial record, the … "when the issue is solely whether an adequate factual basis supports a guilty plea, a Slater analysis is unnecessary." …
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… garaged all of their vehicles in this State. In further support of their motion, movants argued Nationwide committed … the law of the place of the contract will govern the determination of the rights and liabilities of the parties … per victim because testimony from Braswell does not support this conclusion, whereas the judge found it did. The …
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… resolution approving the application and remand for a new determination on the application's merits. For completeness, … capriciously, or unreasonably if its findings of fact in support of a grant or denial of a variance are not supported … Bd., 208 N.J. 95, 101 (2011)). Moreover, a board's determinations of questions of law are not entitled to …
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… Franklin died on August 5, 2015. She was survived by three children, DeFazio, Louise Soden, and Kelly Ann Bell. It … and her daughter, Samantha Koch, filed certifications in support of DeFazio's claims. On April 13, 2017, the judge … the monies in the account to Soden. We note that factual determinations "made by the trial court sitting in a non-jury …
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… apply a de novo standard when reviewing a motion judge 's determination of the enforceability of a contract. Goffe v. … He testified on behalf of Foulke in other matters in support of enforcing arbitration clauses, before he executed … rights. An unambiguous writing is essential to such a determination." Id. at 136. Here, unlike Garfinkel, the …
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… its independence from the government . . . ." In his supporting affidavit, Rahulan stated that he "did not … deference to a trial court's factual findings that are supported by substantial credible evidence in the record, 13 … "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
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… gave due deference to the municipal court's credibility determinations. The judge agreed with the MCJ's credibility … allowing doctors to possess syringes. The record does not support this assertion. Nor does it support the self- … boils down to a disagreement with the court's credibility determinations. We generally defer "to trial courts' …
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… contracts, "if the controlling language of a policy will support two meanings, one favorable to the insurer and the … and/or carelessness in the breach of the duty of care. In support of this assertion, plaintiff points to the April 18, … L.P., 700 F. Supp. 2d 1003, 1011 (N.D. Ill. 2010), to support its position that RLI is obligated to evaluate its …
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… to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In making this determination, the trial judge "should focus on the logical … (2014)). The judge must then "determine which factors are supported by a preponderance of [the] evidence, balance the …
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… the State for a riparian grant. 2 These statements are not supported by any documents in the record. 3 Joseph McNamara, … arguments. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … the Association. "Standing is a threshold justiciability determination of whether [a] plaintiff is entitled to initiate …
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… A SEPARATE TRIAL. POINT II AS THERE WAS RATIONAL BASIS TO SUPPORT THE LESSER INCLUDED CHARGE OF PASSION 3 A-1144-18 … whom she was with, and what she was doing at all times, supports the State's contention that he was obsessed with … the jury on passion/provocation manslaughter, leaving the determination of the remaining elements to the jury.'" State …