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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.gov
… apply a de novo standard when reviewing a motion judge 's determination of the enforceability of a contract. Goffe v. … He testified on behalf of Foulke in other matters in support of enforcing arbitration clauses, before he executed … rights. An unambiguous writing is essential to such a determination." Id. at 136. Here, unlike Garfinkel, the …
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njcourts.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." …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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, …
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njcourts.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 …
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njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … (citation omitted) (alteration in original). To make that determination, we must examine (1) whether the agency's action … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue,' we are not bound by …
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njcourts.gov
… given by the judge and, further, that substantial evidence supported the jury's verdict. The parties stipulated that … request, ruling consistently with the court's prior determinations. Following completion of the State's case … defendant. Therefore, in agreeing with the trial court's determination that any expert testimony regarding the …
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njcourts.gov
… five of the State's witnesses had testified." A court's determination on whether to permit a defendant to represent … record created in response to defendant's motion does not support the denial of his right to represent himself, his … it shares the same attributes of all discretionary determinations, 19 A-4676-15T4 namely, it must be accompanied …
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njcourts.gov
… the jury was able to view the recordings and make its own determination, based on competent testimony, as to whether … Schiffner testified in detail concerning the findings supporting her forensic analysis of the DNA evidence, it was … deem the inaccuracy on the verdict sheet to affect its determination based on the evidence presented and the court's …
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njcourts.gov
… default judgment and extend the time to file an answer. In support of the motion, Ficke's owner, Arun Parikh, certified … "it's not [Ficke's] right under the policy to make that determination. It's the carrier . That's why they want to have … to defend this. It's not up to the insured to make such a determination." The judge further noted there was no dispute …
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njcourts.gov
… failed to make a sufficient showing of prejudice to support his motion for severance. Further, the State avers … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … of the trial court ." Id. at 318. In making the determination, "a court must consider the competing factors …
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A-33-23 Supplemental Respondent Brief
Briefs
njcourts.gov
… and how those enactments, when read in pari materia, support application of a privacy exemption precluding … a "citizen's reasonable expectation of privacy", the determination as to which documents are to be provided and … are to be shielded, is made more difficult because the determination is often made on a case-by-case basis. Moreover, …
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njcourts.gov
… addresses “specific facts” and “concrete evidence” to support a favorable jury verdict. Housel for Housel v. … or investigation has been conducted to make such a determination. Id. at 114:10-25 – 115:1-12. Importantly, … 272, 770 A.2d 1144 (2001). This Court in no way made its determination based on a lack of express first-party language …
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njcourts.gov
… property, N.J.S.A. 2C:35-5(a), -7(a). B. The Competency Determinations Competency questions concerning defendant's … such incapacity endures." N.J.S.A. 2C:4-4(a). Competency determinations are the sole province of the court, and upon a … and medicated in both prison and hospital settings, supported dismissal. The court analyzed the nature and …
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njcourts.gov
… of the denial of his claim and agreed with the initial determination to deny the claim. Noting that "[a]ccording to … (App. Div. 2011)). "[I]f the complaint states no claim that supports relief, and discovery will not give 13 A-0640-23 … such as when the facts are 'palpably insufficient to support a claim upon which relief can be granted' and when …