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… 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 …
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… . . . 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 …
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… so vague that its impact, if any, was minimal." As further support, he relies on our recent decision in State v. … instructions," we "should give equal deference to the determination of the trial court" and reverse only when the … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
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… CONSPIRACIES TO MURDER WAS, BY THE STATE'S OWN ADMISSION, UNSUPPORTED BY SUFFICIENT EVIDENCE THAT IT WAS A CONSPIRACY TO … (NOT RAISED BELOW). A. THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE CONVICTION FOR CONSPIRACY TO MURDER EDUARDO … did, cause his death. Defendant's culpability is further supported by co-defendants' testimony regarding his response …
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… to be weighed against the potential for prejudice. In support of that standard, defendant relies on pre- … decisions and academic commentators. Defendant also finds support for his position in our Supreme Court's rejection of … request to sequester them before trial, finding no legal support for such an order. Decisions regarding witness …
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… SHOULD INVALIDATE THE PROCEEDING AND THIS BOARD APPROVAL DETERMINATION. POINT TWO THE BOARD ERRED BOTH PROCEDURALLY AND SUBSTANTIVELY IN ITS CONSIDERATION AND DETERMINATION AS TO THE NEED FOR A 10 FOOT BUFFER ON THE SITE … AND CONFIRMS THE LACK OF ADEQUATE PROOFS AND FINDINGS SUPPORTING THE BOARD ACTION. We approach the issues on …
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… factual findings concerning jurisdiction if they are supported by substantial credible evidence. Id. at 358. We … 500-01 (1983)). Here, the record contains no evidence that supports piercing the corporate veils among the Wyndham … significant control over the Resort. At best, the trusts supported Wyndham Vacation's efforts to market rooms at the …
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… to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … its reliability." Washington now argues this finding was unsupported. A detective from the computer crimes … to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of …
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… A-4388-18T4 16 motor vehicles." In his affidavit in support of the application for the CDW, Pagano requested … warrants and communications data warrants as well as the supporting affidavit filed in this matter to members of the … Hartley, 103 N.J. at 262. A-4388-18T4 20 The record fully supports the trial court's conclusion that Wade voluntarily …
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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 …