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- 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-1860-17T4 Opinionnjcourts.gov… 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 …
- A-5281-17T2 Opinionnjcourts.gov… 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 …
- A-5176-17T4 Opinionnjcourts.gov… 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." …
- A-4392-17T1 Opinionnjcourts.gov… 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 …
- A-3112-15T1 Opinionnjcourts.gov… Wilson died intestate in 1927, and was survived by four children named Michael Wilson, Sarah Lakritz, Gerald Wilson, … The court found 90% of the hours "were expended in support of the partition action," versus Merrick's … see Rendine v. Pantzer, 141 N.J. 292, 317 (1995) ("fee determinations by trial courts will be disturbed only on the …
- A-1562-15T4 Opinionnjcourts.gov… THE PLAINTIFF PROVIDED AN ADEQUATE EVIDENTIAL FOUNDATION IN SUPPORT OF SUCH CHARGE. POINT III: SINCE THE DOCTRINE OF … a thermal injury and, therefore, "the jury's final determination as to proximate cause was completely … risk was thermal injury. In light of the jury's determination defendant's deviations from accepted standards …
- 13607-2018 Opinionnjcourts.gov… challenging the Director, Division of Taxation’s final determination assessing a gross income tax deficiency against … below, summary judgment affirming the Director’s final determination is granted. I. Findings of Fact and Procedural … the Director filed a statement of material facts in support of the motion for summary judgment, in accordance …
- L-4588-18 Opinionnjcourts.gov… Defendants’ reply brief later indicated it is submitted in support of their motion to dismiss counts one through four … Corp., 282 N.J. Super. 494 (App. Div. 1995) governs determinations whether anonymous pleading should be permitted. … accommodation” under N.J.S.A. 10:5-4. The court makes no determination as to whether the plaintiff could sustain his …
- A-0110-15T1 Opinionnjcourts.gov… there was nothing in the record other than Bloom's "own unsupported allegations with respect to the reasons for the … courts review questions of law de novo and the legal determinations of the trial court are not entitled to any … an adverse employment action "is one circumstance that may support an inference of a causal connection." Ibid. Here, …
- A-3909-14T1 Opinionnjcourts.gov… of his accident, I believe this article provides direct support for the scientific validity of the opinions I … not appropriate for any expert to rely on as scientific support for an opinion." Bell filed a motion in limine to … disfavored), certif. denied, 224 N.J. 529 (2016). To support their argument, plaintiffs have submitted materials …
- A-2182-15T4 Opinionnjcourts.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 …
- BER-L-20743-14 Opinionnjcourts.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 …
- 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-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-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 …