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njcourts.gov
… all favorable inferences, bare conclusions without factual support in affidavits or the mere suggestion of some … 129, 134 (App. Div. 1999) (requiring submission of factual support in affidavits to oppose summary judgment motion); … As discussed by the Court above, the record does not support a finding that the SAC Defendants directed …
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njcourts.gov
… not raised in his merits brief, we do not consider it in support of his appeal. See Drinker Biddle & Reath LLP v. … deliberative process. The request for removal was also not supported by a reason wholly personal to juror two, as such … to Lincoln Park for disposal." Our review of sentencing determinations is limited and governed by the "clear abuse of …
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njcourts.gov
… if, accepting as true all the evidence which A-5194-10T4 9 supports the position of the party defending against the … an intervening superseding cause of the accident.8 That determination was consistent with Klemm's testimony that the … the record contained legally competent factual evidence to support that opinion. Laughery pointed out that plaintiff …
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njcourts.gov
… pointed to the "extra concern about a mother protecting her children that was persuasive." The court entered an FRO at … Moreover, the urgent rush to trial the following day is not supported by the record. It was within the bounds of the … courts should defer to the trial judge's credibility determinations). We discern no basis on this record to …
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njcourts.gov
… limit it to only surplus lines insurance." Id. at 512. In support of this determination, the Tax Court stated that the Legislature … Court's denial of J&J's refund request, and remand for a determination of the amount of the refund due J&J. Reversed …
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njcourts.gov
… constitute a quorum in order to transact business. All determinations shall be made by a majority of Board members in … opportunity, if desired, to contact a mentor committee as a support group for assistance relating to development of … as defined in R. 1:41-4(a). The grievance shall include any supporting facts or documentation. In the absence of a …
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njcourts.gov
… "materially inaccurate" and lacked "sufficient evidential support." He found that the LOI did not expire on June 30, … development was extensively analyzed, and ultimately supported, by the . . . Township's governing body, the … management proposal), relied upon by defendants to support their contention that conditional approval was …
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njcourts.gov
… from the November 3, 2014 order embodying that judge's determinations. On review, we found the Law Division judge's determinations that defendant was guilty of these three … right to a speedy trial was not violated, were unsupported by any factual findings, as required by Rule …
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njcourts.gov
… action in lieu of prerogative writs to appeal the board's determination that variances were not required. On March 2, … plaintiffs rely on the validity of the ordinances in support of their claim that the zoning board should have … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with …
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njcourts.gov
… Plaintiff has failed to state with sufficient facts to support that Defendant herself engaged in fraudulent … 18, 22. These allegations, as stated, are insufficient to support the notion that Defendant, in her unique position as … Title to First American. Therefore, there are no facts to support the imposition of partnership liability in this …
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njcourts.gov
… way the concrete was presently constituted, it could not support the structure because the slab was absolutely unable to support a three-story building that was intended to be … The Association claimed "consequential damages" to steel supports and sheet rock from the defective construction. The …
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njcourts.gov
… proceeded to extract favorable testimony from Dr. Hua to support his self-defense theory, emphasizing that the shot … defense counsel characterized Dr. Hua’s testimony as supportive of a self-defense theory. He argued that “Dr. … extract as much favorable testimony from Dr. Hua as might support his self-defense theory. Through Dr. Hua’s …
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njcourts.gov
… "to be construed so broadly." Id. at 627. Instead, "the determination of whether a police officer is engaged 'in the … unreasonable for liability to attach. The TCA does not support this argument. A public employee is liable for an … to Ogborne v. Mercer Cemetery Corp., 197 N.J. 448 (2009) in support of the contention that a heightened "palpably …
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njcourts.gov
… or the four corporations. The trial court's ruling was supported by the language of the August 2014 settlement … burden of pro[of]," the "inquiries involve fact-specific determinations that must be resolved on a case-by-case basis," … from making the fact-sensitive inquiry and fact-specific determinations, and balancing, all of which should be done by …
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njcourts.gov
… property owner for their legal costs in the absence of a determination that plaintiff's injuries were caused by the … relies upon three paragraphs in the Lucas contract to support its claim for contractual indemnity. The County … Mantilla, 167 N.J. at 272). B. The AECOM Contract In support of its claim for indemnification against AECOM, the …
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njcourts.gov
… has not provided a particularly compelling factual basis to support his mode-of-operation argument, he presented enough … source of the liquid exceeded the scope of the in limine determination. The admission of this improper testimony was … as follows: [T]he expert, presumably, is basing his determination that there was a liquid on the plaintiff's …
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Additional Orders
Orders and Decisions
njcourts.gov
… expert report dated June 15,2011 submitted by Dr. Hammer in support of his conclusions regarding Plaintiff Skala, the …
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njcourts.gov
… whatsoever. Let me explain why. First, the statement is unsupported by any evidence in this case. Regardless of … in advance that there would be no evidence in this trial to support the detective's statement, the detective was … Third, you must not conclude, based on the detective's unsupported statement, that [the] defendant is a bad person, …
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njcourts.gov
… caused Alexander's death. The record and the law do not support that argument. The WC Act reflects a "historic … were required to serve timely affidavits of merit to support their claims against HAKS and JMT. Plaintiffs, … Plaintiffs belatedly recognized that they needed experts to support their claims against HAKS and JMT. Their experts …
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njcourts.gov
… It acknowledged the $541,424.50 in taxes owed, noting this "support[ed] the argument that [Murphy's estate] [wa]s … to do so is all up [i]n the air. So . . . I can't make a determination of what reasonable funeral expenses are[,] . . . … the administrator. . . . Then and only then will I make a determination on the commissions and the fees deemed …