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- STATE OF NEW JERSEY VS. CARLTON L. CLARK(13-05-1059, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… given by the judge and, further, that substantial evidence supported the jury's verdict. The parties stipulated that … request, ruling consistently with the court's prior determinations. Following completion of the State's case … defendant. Therefore, in agreeing with the trial court's determination that any expert testimony regarding the …
- njcourts.gov… quotations. In a November 23, 2015 certification in support of plaintiff's cross-motion for partial summary … any law," misstate "any fact," or make "a credibility determination." This appeal followed. II. When reviewing a … v. Albert Lifson & Sons, Inc., 17 N.J. 383, 389 (1955). Determination of whether a duty exists turns on questions of …
- njcourts.gov… in original) (internal quotation marks omitted). A determination on the admissibility of expert testimony is … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Id. at 53-54. … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. …
- State v. Marc Olivero - Published Opinionsnjcourts.gov… by this Court without deference to the trial court’s determination. In determining statutory intent, courts must … to incorporate by reference all of the issues advanced in support of his appeal to the Appellate Division. It is not … padlock, and surrounded by a fence. The Attorney General, supports the State’s position. The Attorney General argues …
- njcourts.gov… to ensure the Painting’s authenticity and value and to support Gallery 63’s full guarantee of the originality of … the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of … pretrial discovery is necessary prior to the Court’s determination. However, Plaintiffs have not even suggested …
- njcourts.gov… broad powers, N.J.S.A. 2A:23B-15, and "extends judicial support to the arbitration process subject only to limited … only alternatively explained how the arbitrator's legal determination was reasonably debatable, concluding that "the … his rationale and to promote our informed review of the determination. This he failed to do. In his written decision, …
- A-0251-14 Opinionnjcourts.gov… in original) (internal quotation marks omitted). A determination on the admissibility of expert testimony is … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Id. at 53-54. … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. …
- A-3330-13 Opinionnjcourts.gov… broad powers, N.J.S.A. 2A:23B-15, and "extends judicial support to the arbitration process subject only to limited … only alternatively explained how the arbitrator's legal determination was reasonably debatable, concluding that "the … his rationale and to promote our informed review of the determination. This he failed to do. In his written decision, …
- NinoFalconePresentment Documentnjcourts.gov… The Presenter called one fact witness, the victim, in support of the asserted disciplinary charges. The Presenter … the record, the Committee makes the following findings, supported by clear and convincing evidence, which form the … (1991). In matters of judicial discipline "there are two determinations to be made" -- whether a violation of the Code …
- NinoFalconePresentment.pdf ACJC Documentsnjcourts.gov… The Presenter called one fact witness, the victim, in support of the asserted disciplinary charges. The Presenter … the record, the Committee makes the following findings, supported by clear and convincing evidence, which form the … (1991). In matters of judicial discipline "there are two determinations to be made" -- whether a violation of the Code …
- A-3758-19 Opinionnjcourts.gov… 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' …
- A-4862-18 Opinionnjcourts.gov… 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 …
- A-1345-15T3 Opinionnjcourts.gov… that defendants failed to present "competent" evidence to support the remedy they seek. Consequently, we are … defendants. The judge entered orders memorializing those determinations in October and December 2015. In appealing, … and did not make the findings necessary to make that determination but only because he found defendants' evidence …
- A-0971-16T1 Opinionnjcourts.gov… PAR. X. POINT III THE DEFENDANT[']S PLEA OF GUILT DOES NOT SUPPORT A FIRST DEGREE AGGRAVATED MANSLAUGHTER CONVICTION. … OF COUNSEL AND DENIED PETITIONER A FAIR TRIAL. In a supporting certification, defendant contended that had his … stated, "In short, if a factual basis has not been given to support a guilty plea, the analysis ends and the plea must …
- A-3069-20 Opinionnjcourts.gov… 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 …
- A-1144-18 Opinionnjcourts.gov… 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 …
- A-4742-17T4/A-4743-17T4 Opinionnjcourts.gov… the Bernstein rulings but did not specifically cite them in support of its ruling. The court also pointed out Chief … upon the "logic" of this court's unpublished decisions to support his position that he is entitled to the requested … We recognize there is merit to the trial court's determination that plaintiff's request seeking personal …
- A-4482-16T4/A-4504-16T4 Opinionnjcourts.gov… Law as a contested case. The Authority intervened in support of Mondsini. After denying the LFB's motion for … I. We begin by noting "[j]udicial review of agency determinations is limited." Allstars Auto Grp., Inc. v. N.J. … bound by an agency's interpretation of a statute or its determination of a strictly legal issue,' particularly when …
- A-1771-16T4 Opinionnjcourts.gov… quoted from numerous policy provisions and exclusions to support its position – based on an "assessment of the … and the facts are presently too uncertain to make such a determination; and (3) Mt. Hawley's standing to claim … a defense subject to its reservation of rights and future determination of its obligations, or lack thereof. The …
- A-3867-18 Opinionnjcourts.gov… 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 …