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… Sandy, the building sustained damage to the roof and its supporting wooden trusses. Parko submitted a claim to Mercer … in damages. The trial court memorialized the appraiser's determination in a judgment, with counsels' consent. Parko … 234 N.J. 168 (2018). Mercer appeals from the court's determination of coverage. Parko cross- appeals from the …
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… work. After defendant and Nicholas had dinner with their children, defendant went upstairs to bed. Because Nicholas's … the jury on the included offense of death by auto. In support of this argument, defendant relies upon State v. … testified that she had received a "military disability determination." She acknowledged that she could not return to …
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… law enforcement officers, forensic experts, the victim's children, and defendant. The facts established by that … the incident would not come out in the media, causing her children to suffer from people that "don't understand the … sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser-included charge must "jump[] off the …
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… The trial judge entered the judgment based upon a jury's determination that defendants were negligent in their care of … on defendants', stating that he would make a final determination on the extent of plaintiff's medical expert's … motion to bar the doctor from testifying, plaintiff filed a supporting certification from her attorney that explained …
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… obligations were "willful, deliberate, and egregious." To support his conclusion, the judge found the "2181 . . . … In doing so the judge concluded there was no authority to support plaintiffs' position. This appeal followed. On … beyond what is necessary and required for a just determination of the merits of the complaint. See Abtrax …
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… that the bulkhead was a dangerous condition is . . . not supported by the weight of the evidence. The judge also … where the verdict is based primarily on credibility determinations. Alves v. Rosenberg, 400 N.J. Super. 553, 566 … 2008) (citation omitted). However, [s]uch credibility determinations . . . may be removed from the jury's purview …
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… as an expert, but as a fact witness providing factual support for Dr. Bonanni's opinion on standard of care. We … defendant maintained it related only to defendant's determination as to whether plaintiff was an appropriate … meant by the term medical clearance provided factual support for defendant's and his expert's understanding of …
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… photographs, medical records, and testimony—did not support that charge given the severity of the injuries that … is entitled to a charge on all lesser included offenses supported by the evidence '[t]o give full force to the … that option. Accordingly, the record before us does not support defendant's claim that the State failed to turn over …
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… the NJCRA and CEPA claims; and he made improper factual determinations in dismissing plaintiff's claim for punitive … is derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … claim and plaintiff did not differentiate between the facts supporting the respective claims. The judge explained: …
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… in previous Accutane trials. 7 A-4698-14T1 affirmed that determination in McCarrell I, supra, A-3280-07,8 finding that … at trial, along with their affirmative evidence in support of their case. II We begin with some background as … and II, Sager, Gaghan, and Rossitto. 23 A-4698-14T1 that determination, he reviewed scientific articles, MedWatch …
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… Birnbaums cross-appeal from an earlier, November 17, 2014 determination that the condemnation was for a sufficiently … and determine is required for public use, and upon such a determination, the property shall be deemed to be required for … assemblage of parcels for private sector development, supporting programming having to do with public relations …
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… 142 N.J. 1 (1995), finding each of them to be neutral or in support of plaintiff’s position. The Appellate Division … disclosure. Jersey City submitted two certifications to support its position, one from its Chief of Police and a … privacy factors,1 finding each of them to be neutral or in support of plaintiff’s position. Jersey City appealed, and …
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… on the remaining counts. FSHC filed a letter brief in support of the motions. Plaintiff opposed. On September 26, … decision regarding the validity of a local board's determination," appellate courts "are bound by the same … were arbitrary, capricious, or unreasonable." Id. at 462. Determinations on questions of law in land use matters are …
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… and the number of meetings counsel had with defendant were supported by counsel's review of his billing records. … held, we do not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … comments. The record contains no objective evidence supporting defendant's claim trial counsel did not discuss …
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… matter before the court and jury for the jury's ultimate determination as to whether the defendant is guilty or not … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the … offenses by separate counts in the indictment. In your determination of whether the State has proven the defendant …
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… morbidity”; the fact that “the numbers at Valley” did not support the “1 sarcoma in 350 operations” number suggested … at the time because Ruscitto was considering having more children and such procedures were incompatible with future … innovation and optimization of patient care. Several amici support defendants’ positions and emphasize the harm the …
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… section two. B. The particulars of the “General Consent” In support of its motion, MEF submits a declaration of Justin … and arguably misleading. II A. MEF’s legal argument in support of its motion MEF argues that “courts routinely find … in Caspi, the court restated the standard for such a determination. “If a forum selection clause is clear in its …
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… not administrative, discretion; and (3) N.J.S.A. 45:27-27 5 supports preemption since the legislative intent of the … of a "proper application" to the zoning officer to make a determination whether the proposed project complies with the … ordinance grants the zoning officer the power to make a determination to issue a permit and as such, delegates …
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… most of the “totality of the circumstances” factors support the trial court’s finding of an implied waiver, the … that defendant’s statement had an impact on the jury’s determination on the single transaction relevant to this … record may be relevant in both stages of the sentencing determination. 188 N.J. 155, 168 (2006). The trial court …
ROBERT STROUGO, on behalf of himself and all others similarly situated, v. OCEAN SHORE HOLDING CO., ROBERT PREVITI, STEVEN BRADY, CHRISTOPHER FORD, FREDERICK DALZELL, DOROTHY MCCROSSON, JOHN VAN DUYNE, SAMUEL YOUNG, and OCEANFIRST FINANCIAL CORP. - Publis
Opinions
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… award. This case presents novel issues related to the determination of class action settlement approval pursuant to … nor any other stockholder attended the hearing. Defendants support plaintiff’s motion for approval of the settlement. … class are subject to more exacting scrutiny. The key 23 determination a court must make is whether the information …