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- njcourts.gov… The court appointed a Special Master to assist in making determinations regarding affordable housing. K&S attempted to … underlying facts forming the basis of the [c]ourt's prior determination and grant of a durational adjustment pursuant to … for the objection to the fourth position ranking are not supported by testimony, evidence or COAH rule, there may be …
- njcourts.gov… and data" generated by DRL and submitted to the FDA in support of Mezzion's NDA for udenafil. Mezzion claims it was … or reference any information in DRL's udenafil drug file in support of the NDA unless the information was publicly … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; Payton v. N.J. …
- A-0832-22 – EVAN G. SCOTT VS. CITY OF NEWARK, ET AL. (L-6179-16, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… "fail[ed] to reveal objective findings that would support any subjective complaints of discomfort." 7 … respondeat superior and negligent retention/supervision. In support of these claims, plaintiff contended the City was … record contained genuine and material questions of fact supporting the legal conclusion his claims were not subject …
- njcourts.gov… Plaintiffs did not supply the required documentation to support its claim for business income loss. 10 A-2938-21 1. … AmGUARD, plaintiffs contend the court erred in its determination that the damages were caused by a water backup, … that are unconscionable. The unconscionability determination requires evaluation of both procedure and …
- A-0291-23 – STATE OF NEW JERSEY VS. DAISHON I. SMITH (21-08-1004, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… filed a motion to be relieved as defendant's counsel. In support of that motion, Santiago certified that in late … lawyers." State v. Rue, 175 N.J. 1, 14 (2002). A court's determination of whether an attorney has a conflict of … of the policies embodied in the RPCs 17 A-0291-23 support a rule where individual, personal conflicts of …
- A-2160-23 – STATE OF NEW JERSEY VS. MARIO D. LAWSON (14-02-0559, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… arguments in turn. II. We review the PCR court's determination to proceed without an evidentiary hearing for … when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
- A-0494-23 – STATE OF NEW JERSEY VS. KENYON S. ESANNASON (22-11- 0727, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… exception. 11 A-0494-23 The State argues the record supports the court's denying suppression because: (1) … Elders, 192 N.J. at 244). By contrast, "[w]e review legal determinations, including the application of the law to … of pre-planning. We conclude the record supported both determinations. The police pursuit arose unexpectedly in the …
- default › notices to the bar… filed a motion to appeal his rejection from PTI with the support of the Morris County prosecutor. That motion was … Id. The trial court overruled the ineligibility determination and permitted Gomes to apply for PTI, directing … State v. O’Brien5, and other “extrinsic evidence6 [that] supports our reading of the statutes in question.” Id. at …
- njcourts.gov… in each year.” 7 The expert report provided to the Court in support of default judgment refers to a lease, but nothing … rebuttal or contradiction, it is sufficient to allow the determination of default judgment to proceed by submission and … hearing. The Court set July 25, 2025, as the date for determination with notice to both parties. The mailed notice …
- njcourts.gov… on the HR Act, defendants rely on several decisions to support the assertion that the HR Act can serve as authority … 1968)).] The resolution of the issue often depends upon a determination of whether "the scope of the power permitted … while enjoying a backyard barbecue, or the shouting of children playing in a swimming pool or jumping on a …
- CARLOS FAIBISCH VS. WAWA, ET AL. (L-0748-21, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… owed a duty to provide him safe passage to its store. In support, he contends Wawa "attracted and embraced business … "absence of an alternative route" is "critical" to a duty determination. Buddy, 469 N.J. Super. at 191 (quoting Kuzmicz, … and supported by both the law and the facts. A determination that Wawa owed a duty to do more here would not …
- njcourts.gov… to the alleged deviations from the standard of care. In support of his opinions, Dr. Reed cited literature regarding … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … applies to discovery extensions. See ibid. But "legal determinations based on an interpretation of our court rules" …
- njcourts.gov… policies like the [Zurich] policies lack any language supporting the expansion of the Appleman's rule and thus the [c]ourt is declining Chenault's unsupported request to apply the rule here. The judge further … or legal conclusions unless they are so manifestly unsupported by the competent, relevant evidence that …
- STATE OF NEW JERSEY VS. JASON W. VANDEREE (19-05-0357, PASSAIC COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… court's factual and credibility findings provided they are supported by sufficient credible evidence in the record." … law, 17 A-2329-21 we agree with that finding because it is supported by substantial, credible evidence. When the police … in imposing consecutive sentences. The record does not support those arguments; therefore, we affirm the sentence. …
- njcourts.gov… of the purposes of the [MLUL]. The variance therefore finds support under c(2) as the benefits outweigh any detriments. … purposes. A variance for freestanding signs clearly finds support under c(2) as that presents a better planning … the Board, the parties submitted briefs and documents in support of their respective positions. No 25 A-1989-21 …
- njcourts.gov… the supplemental briefs; Appellants having filed briefs in support of certification on their own behalf). Russell J. … by N.J.S.A. 2A:53A-27, plaintiff submitted an AOM in support of the validity of her claim. Dr. Joseph Fallon … to defendants’ motion on November 24, 2020, and in support submitted a letter from Dr. Tirissa Reid, a …
- njcourts.gov… correctly concluded that the complaint was sufficient to support a claim of design defect.”). II The Court draws the … benefits plans in a manner and to an extent require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiffs thus assert that, in seeking …
- njcourts.gov… heard oral argument and considered the papers submitted in support of the Motion and in opposition thereto, and for … plans in a manner and to an extent as to require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiff thus asserts that, in seeking …
- njcourts.gov… correctly concluded that the complaint was sufficient to support a claim of design defect.”). II The Court draws the … benefits plans in a manner and to an extent require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiffs thus assert that, in seeking …
- 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. Here, affording plaintiff all … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …