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- A-13/14-17 Opinionnjcourts.gov… bills in excess of the elected PIP policy coverage in support of fault-based claims for economic damages against … those of the parties. 11 II. Plaintiffs, as well as their supporting amici, focus on certain language in N.J.S.A. … that, even with the related definition of economic loss,3 supports plaintiffs’ preferred interpretation. Section 12 …
- A-66-16 Opinionnjcourts.gov… its content. The court found, 2 contrary to CMH’s determination, that the report revealed plaintiff had suffered … occurred, and it determined that the trial court’s SPAE determination was in error because “an expert opinion was … whether the record contained sufficient evidence to support the trial court’s SPAE determination, the panel …
- 12151-2015 Opinionnjcourts.gov… of Camden. Each plaintiff operates a day care center for children on its property. For a number of years prior to … follows: The Camden County Tax Administrator has made a determination that your day care facility is not eligible for … additional evidence to be submitted by plaintiffs in support of their previously denied motions for summary …
- A-49-13 Opinionnjcourts.gov… as the shooter. The witness had known defendant since childhood. Defendant, sixteen years old at the time of the … this testimony provided a sufficient factual basis to support a plea to aggravated manslaughter under N.J.S.A. … the State contends that defendant’s guilty plea was supported by an adequate factual basis. Noting that a …
- A-52-12 Opinionnjcourts.gov… Stacey married Paul in 1999, and the couple had two children. Paul and Stacey divorced in 2003. As part of a … the Family Court granted them joint 4 custody of the children and named Paul the parent of principal residence. … summation, the State contends that the record fully supported the prosecutor’s comments, that defendant did not …
- A-33-14 Opinionnjcourts.gov… of the Appellate Division affirmed the trial court’s determination. A majority of the panel agreed with the trial … court pending resolution of GEICO’s reimbursement claim. In support of its motion, GEICO argued, pursuant to N.J.S.A. … in this State involving an insured tortfeasor, the determination as to whether an insurer is legally entitled to …
- A-9-14 Opinionnjcourts.gov… of the gun “because of the utter absence of any exigency to support the warrantless vehicle search that occurred,” and … is to exhaust the consent search option prior to making a determination to seek a warrant, telephonic or in-person. (pp. … the New Jersey Constitution. Defendant’s sole argument in support of his motion, presented both in a letter brief and …
- A-3-14 Opinionnjcourts.gov… petitioner Bernice Tambascia-Folcher in 2002. Each had children from a prior marriage. A post-marital agreement … boat, pickup truck, and car were to be bequeathed to his children. In January 2006, Folcher had his attorney revise … pain medications, was wheelchair-confined, needed oxygen support, and generally relied on Bernice for his basic daily …
- A-96-13 Opinionnjcourts.gov… His other convictions are affirmed because they are supported by evidence independent of the suppressed … N.J.S.A. 2C:28-2(a); because those convictions are supported by evidence independent of the suppressed … after he first invoked his right to remain silent. In support of that argument, defendant asserts that: he was …
- A-70-18 Opinionnjcourts.gov… of fact, weighing the evidence and making credibility determinations. Rather, under the standards that govern its … material” facts in dispute that bore on any determination of the objective reasonableness of Martinez’s … inferences in favor of the nonmoving party to the extent supportable by the record,” the reasonableness of a police …
- A-68-17 Opinionnjcourts.gov… In this case, no different from other conflict cases, the determination of whether a Zoning Board member possessed a … members. Dr. Kenneth’s nephew and two nieces (Dr. Daniel’s children) -- Dr. Daniel III, Stacey A. Conte, and Jamie G. … should be approved for their project.” Anthony Barckett: “I support the Contes, yes. I believe what others have said is …
- A-56-20 Opinionnjcourts.gov… be present or be represented, and defendant has failed to support his representative-cross-section claim. *In … of Criminal Defense Lawyers of New Jersey (Fox Rothschild, attorneys; Matthew S. Adams, of counsel and on the … and access as necessary, that jury managers had not made determinations previously addressed by judges on the record, …
- BER-L-7542-15 Opinionnjcourts.gov… under Section 1125(a). See id. The holding in Lexmark supports dismissal of the Defendants/Counterclaimants’ … September 2014 distributorship agreements relied upon to support the Defendants/Counterclaimants’ position that … Counterclaim fails to sufficiently plead facts necessary to support the claims asserted, and merely states a formulaic …
- ESX-C-178-13 Opinionnjcourts.gov… learned that his elderly neighbors whom he has known since childhood, the Saroldis, suffered significant damage to … a letter with seven proposed itemized withdrawals and supporting documents. On November 4, 2014, Crown Bank’s … to address Martin Jr.’s failing Greenstar loan, 10 thus supporting Defendant’s argument that the Genda loan was …
- A-4953-17T1 Opinionnjcourts.gov… 8 A-4953-17T1 he was resuscitated by advanced cardiac life support. During that time, Aviv was deprived of oxygen. He … the objection, finding it was improper as it lacked the support of expert testimony. He described the proffered … their request for a ruling that the facts here did not support a Scafidi charge. Thereafter, counsel and the court …
- A-2001-17T3 Opinionnjcourts.gov… that none of the Miller factors outweighed the reasons that supported life imprisonment. In recognition of certain … offense was part of Defendant's plan to get revenge was unsupported by evidence and contrary to facts that are not in … could be expanded for good cause. N.J.S.A. 2A:4A-26(d). In support of such a motion, the State had to establish …
- A-2495-17T2 Opinionnjcourts.gov… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
- A-3652-18T3/A-4134-18T3 Opinionnjcourts.gov… They could have picked out any test they wanted to that supported their arguments, that showed what this was all … 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 …
- A-5389-15T2 Opinionnjcourts.gov… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
- A-1722-16T3 Opinionnjcourts.gov… v. Henderson, 208 N.J. 208, 288 (2011). Further, the determination can only be reached so as to require the … the judge determined that "almost all the variables that support defendant's motion are estimator variables." Judge … if there is sufficient credible evidence in the record to support the findings." Ibid. The trial court's findings are …