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… violated three RPCs. They concluded that the “facts” supported the findings that (1) Robertelli directed Cordoba … is the rare instance where we do not accept a credibility determination made by a trier of fact.” The plurality … (“The Court may, on its own motion, decide to review any determination of the Board where disbarment has not been …
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… (emphases added). The change to Rule 4:19 thus does not support placing a burden on the plaintiff to justify … and by the Federal Rules of Civil Procedure likewise do not support placing the burden on the plaintiff to show special … would not perform the examination if it were recorded. In support of his position, Dr. Morgan cited the 2016 Policy 10 …
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… imposing an excessive sentence. Because the record does not support certain findings the court made in sentencing … to prove or disprove any fact of consequence to the determination of the action." Rose, 206 N.J. at 160 (quoting … consider the surrounding circumstances to find adequate "support that the third prong of Cofield was satisfied." …
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… testing program, including the "software's source code and supporting software development and related documentation . … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to prove or disprove [a] fact of consequence to the determination of the action[,]'" State v. Gilchrist, 381 N.J. …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not based on a … broad discovery of the evidence the State has gathered in support of its charges.'" Ibid. (internal quotation marks …
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… there was concern HHSI's charitable assets would be used to support for-profit entities without benefitting … should be reversed because it is contrary to law and unsupported by substantial evidence in the record. They … 383 (1982). However, we are "not bound by an agency's determination on a question of law." Garden State Check …
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… wore the hoodie on the night of the murder, which was supported by the now-excluded telephone and text … to prove or disprove any fact of consequence to the determination of the action." As a minimum, the videos at … are sufficiently clear to permit the jury to make this determination. The remaining videos to which defendant objects …
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… relying on those adult sentencing enhancement features to support a conclusion that the goals of special and 5 The … for the judge to render a more detailed opinion to support the order. III. We next address defendant's … a "black rifle" as the prosecutor had initially argued in support of the admissibility of the video. The lateness of …
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… judge erred (1) by refusing to reconsider a choice-of-law determination, (2) by dismissing the S.A.C. defendants for … C & F unsuccessfully moved for reconsideration of our determination that New York law should apply to its common law … and will look to see if "those factual determinations are supported by substantial, credible evidence," YA Glob. Inv., …
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… Tricon on February 28, 2020. In certifications submitted in support of the ensuing motions, Ulislam averred that Wamiq … Based on our de novo review, we question the judge's determination that plaintiff's handwritten insertions were … the enforceability of a "pay-if-paid" provision and determination that the subcontractor expressed a clear and …
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… correctly valued as a residential health care facility. In support of this allegation, plaintiffs rely upon the … are "(1) to encourage the comprehensive and conclusive determination A-2456-21 25 of a legal controversy; (2) to … remaining defendants. We also conclude, subject to any determination resulting from the remanded proceedings, it is …
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… or speculative, the trial court should bar the evidence supporting that claim and enter summary judgment. The trial … The Appellate Division affirmed the trial court’s determinations. We granted plaintiffs’ petitions for … the proper standard, we reverse the Appellate Division’s determination and remand these matters for further …
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… judges can also require appropriate assurances to support a prosecutor’s statement of readiness. In addition, … but conducted no analysis and made no findings to support its ruling. He therefore seeks immediate release … time under the text of the CJRA. The CPA likewise supports the State’s position. It urges the Court to find …
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… that dicta in State v. Twiggs, 233 N.J. 513 (2018), supports his statutory interpretation of “in possession,” … on a purely legal question, however, we review that determination de novo.” Ibid. Particularly in the … physical evidence of a crime.” Id. at 521. Although that determination is not relevant to the circumstances of this …
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… that even if the Statute of Frauds did apply, it would not support dismissal here as defendants merely create a factual … evidence, that an enforceable agreement exists. The determination as to whether the Statute of Frauds is … defendants would be asking the Court to make factual determinations at the motion to dismiss stage. Discovery is …
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… This opinion decides plaintiff’s challenge to the final determination of defendant, Director, Division of Taxation … moved for summary judgment claiming that his final determination should be upheld since the NRDF should be … it is defending against; how else would 8 In its brief in support of its cross-motion, Erez footnoted that the …
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… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … not only to principles of property valuation, but to the determination of the true market value of property is … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
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… of prong two and make additional findings of fact that support a determination that the prong has been satisfied, or not, in … is gender neutral. See N.J.S.A. 2C:14-2. 16 III. Our determination of the appropriate standard in assessing whether …
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… tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” Under … a settlement if it is not satisfied that the proofs offered support the entry of a judgment. For that reason, such … . . . Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case.” Watkins …
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… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …