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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 …
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… When he pushed off the wall to descend, the rope initially supported his weight, but suddenly and rapidly lost all of … on the conduct of the parties. Rather, the issue for your determination is on the condition of the products that have … is awarded sanctions. R. 4:58-3(a). “A favorable determination . . . under this rule is a money judgment . . . …
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… and noting that any judgment on remedy must await a final determination on whether Quaker Valley is in violation of the … and leveling activities had permitted the land “to support profitable, intensive agricultural business … also noted that any judgment on remedy must await a final determination on 19 whether Quaker Valley is in violation of …
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… use control must itself be reasonable. Id. at 153. That determination is distinct, yet not entirely disentangled from, … public and to fairly provide an independent judicial determination on which other public entities may rely. The … address a local traffic safety concern alone . . . does not support a finding that the state university acted …
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… there is a manifest lack of inherently credible evidence to support the finding, when there has been an obvious … was conducted. Because the first trial resulted in a determination that plaintiff’s mother (hereinafter … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… are based on the certifications and exhibits submitted in support of the parties’ cross-motions. Plaintiffs Scott … damage was severe enough to require plaintiffs and their children to vacate the property for more than two years … partial summary judgment in its favor. The City seeks a determination by the court that the only issue over which the …
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… Lopez hearing, the Court shall also address whether equity supports deviation from that general rule. See Fox v. … of the matter;” rather, the trial court should limit its determinations to whether a genuine issue for trial exists. … hearing outside of the presence of the jury to make the determination of whether equity should preclude the statute of …
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… on information he received from Laisha does not logically support a conclusion that Laisha implicated defendant in the … that his own independent evaluation of the evidence supported his conclusion Feliciano died from a single … because it was called upon to reach an "all-or-nothing" determination on the 27 A-2321-14T4 murder charge. See State …
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… hatred towards him. We review a trial court's evidentiary determinations for abuse of discretion. State v. Harris, 209 … broad discretion in making relevance and admissibility determinations under N.J.R.E. 401, 402, and 403, which we will … the motion, finding that defendant did not present evidence supporting his claim that Everett died from cardiac arrest …
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… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … the doctor from defining the term "malingerer" in order to support his testimony that Leila was not a malingerer. It … we afford "[c]onsiderable latitude" to a trial judge's determination, "examining the decision for abuse of …
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… restriction, plaintiffs have argued that the evidence supports a finding that Condit subsequently eliminated the … “[b]are conclusions in the pleadings without factual support in tendered affidavits, will not defeat a … (1949)). 4 The case law reiterates this point—that the determination of whether there is a neighborhood scheme is a …
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… waived the argument he advances on appeal. There is no support in the record for this assertion as defendant made … conviction is based on a “weak identification” that is not supported by physical evidence. In the middle of trial, he … 407. We assess the unique facts of the case to make that determination. Allah, supra, 170 N.J. at 280. 18 B. Defendant …