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- 016723-2013,016726-2013 Opinionnjcourts.gov… . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. According plaintiff all reasonable and … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
- MRS-L-1544-21 Opinionnjcourts.gov… 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 …
- A-2206-19 – STATE OF NEW JERSEY VS. JAMIL RAGSDALE (13-01-0032, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- njcourts.gov… As argued by the State as to motive, the four incidents support motive evidence for one another. Viewing one of the … on cars with Isaacs; and defendant encouraged Isaacs to support a false alibi. We are not convinced the similarities … by separate counts in the indictment . . . In your determination of whether the State has proven the defendant …
- njcourts.gov… 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 …
- njcourts.gov… 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 …
- njcourts.gov… standard of review for Daubert-based expert reliability determinations in criminal appeals. N.J.S.A. 39:4-50 prohibits … Finding that the record was not sufficient to make that determination, the Court asked a Special Master to conduct a … content and conclusions. He determined that they “support the State’s position that the DRE protocol has …
- njcourts.gov… their 2019 WBE certifications issued by Treasury in support of their applications. Curio did not submit a WBE … company's LLC agreement. Treasury acknowledged that its determination to uphold the certification was based on … (2023). We will not "disturb an administrative agency's determinations or findings unless there is a clear showing …
- A-5228-18 – STATE OF NEW JERSEY VS. ELLIOT P. NOCK (15-10-3018, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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." …
- A-3106-21 - STATE OF NEW JERSEY VS. TIMOTHY PUSKAS (16-07-1220, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- Case Management Order 9 Orders and Decisionsnjcourts.gov… therefore Allergan is entitled to obtain and review records supporting same. - 7 - H. Brown Greer PLC will sign a … a motion to compel with the Court or request other relief supported by law. Any response to that motion shall be filed … file a motion to compel with the Court or seek other relief supported by law. Any response to that motion shall be filed …
- A-3078-21 - STATE OF NEW JERSEY VS. FRANCISCO ARTEAGA (21-01-0035, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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. …
- njcourts.gov… (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 …
- njcourts.gov… Hopkins testified there were "sampling protocols" that supported lead testing "when looking for gasoline [in] … might be the case. Without detailing the methodology supporting the survey, Hopkins explained that the survey … testimony could and would be used only as relevant to a determination of Hopkins's qualifications and methodology. 30 …
- A-1472-23/A-1473-23/A-1474-23 Briefs Briefsnjcourts.gov… agreed and told O’Donnell that he would “always have my support.” Ibid. AMENDEDFILED, Clerk of the Appellate … it all started here.” (Psa66). Thomas asked O’Donnell for support totaling between $110,000 and $120,000 between one … based on the possibility that the documents could support Thomas’s case. (Psa229). The court stated that work …
- njcourts.gov… with public policy. And more specific legal developments support the validity of the exclusions here. After the Court … But courts cannot “engage in a strained construction to support the imposition of liability or write a better policy … with public policy. And more specific legal developments support the validity of the exclusions here. In two …
- njcourts.gov… findings and will uphold those findings when they are supported by sufficient, credible evidence in the record. … not voluntarily and knowingly given. The record does not support that argument. Read in full context, defendant was … video with your investigation, were you able to make a determination as to an identification here? A Yes. Q And who …
- njcourts.gov… "The scope of review of an administrative agency determination is limited." Del. Riverkeeper Network v. N.J. … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … a permitting decision by the [DEP] is a quasi-judicial determination," though, "reasoned fact-finding is essential." …
- A-1979-23 Briefs Briefsnjcourts.gov… B. Judge Costello’s Determination That “Lawful Interest Includes Contract … the Honorable Mary K. Costello, P.J.Ch., based upon her determinations that (a) there is no distinction between … objection to sheriff’s sale and for other relief, and the supporting FILED, Clerk of the Appellate Division, June 07, …
- A-2867-23 Briefs Briefsnjcourts.gov… ........29a Certification of Defendants' Counsel in Support of Defendants' Motion for Dismissal.. ..31a Proof of … Answer 39a Certification of Plaintiff s Counsel in Support of Plaintiff s Motion for Dismissal. . . . 4la … AMENDED Certification of Plaintiff s Counsel in Support of Plaintiffs Opposition to Defendant's Motion to …