njcourts.gov
… an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material …
njcourts.gov
… to appear as amicus curiae, which filed an amicus brief in support of defendant's arguments. On November 14, 2023, … and during the pendency of this appeal is a threshold determination. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
njcourts.gov
… 746 (1989)). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a …
njcourts.gov
… generally, plaintiff has not presented specific facts to support any inability to file the complaint within the …
njcourts.gov
… twelve, the judge determined there was no evidence to support defendant's assertion that another individual asked …
njcourts.gov
… plausible" facts were at the trial court's disposal to support its findings. Defendant produced the investigative … a colorable claim of innocence on the weapons charge was unsupported by any credible and plausible facts in the record, …
njcourts.gov
… 580, 587 (App. Div. 2020). "We accept as true all evidence supporting the position of the party opposing the motion and …
njcourts.gov
… to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious … asserts that certain 2021 amendments to N.J.S.A. 39:3-10 support his position.1 1 One amendment allowed New Jersey …
njcourts.gov
… Adams appeals from the September 7, 2021 final agency determination of the Civil Service Commission upholding the … limited. In re Stallworth, 208 N.J. 182, 194 (2011). "[A] determination of the Civil Service Commission will not be … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative …
njcourts.gov
… of Corrections (DOC) upholding a hearing officer's determination that he committed prohibited act *.803/*.002, … unless it is arbitrary, capricious or unreasonable or not supported by substantial credible evidence in the record." …
njcourts.gov
… order dismissing the Department's complaint with prejudice supported by a written opinion. As to the first appeal, … dicta, and an erroneous view of the law; (2) the court's determination that property owners are strictly liable for …
njcourts.gov
… no genuine issues of material fact that reasonably could support defendants' liability under the required elements of …
njcourts.gov
… A-3689-22 evidence, and did not produce any new evidence to support a finding he had standing to proceed with the case. … entertaining any of the substantive issues presented for determination." Ibid. (citing Watkins v. Resorts Int'l Hotel & …
njcourts.gov
… insurance fraud, which outweighed the statutory factors supporting admission. Given this determination, the judge held defendant's trial and appellate …
njcourts.gov
… Div. 2022). "We exercise plenary review over the legal determinations that support an order to compel arbitration but remain 'mindful … arbitrate under a written agreement for arbitration'"). A determination of whether a party materially breaches an …
njcourts.gov
… evidence or documentation from the relevant time period to support Verizon’s preferred definition at all. Instead, the …
njcourts.gov
… and was a consistent participant in the case. In support of her contentions, plaintiff cites Fik- …
njcourts.gov
… ineffective assistance of counsel and the asserted facts in support thereof are outside the record, an evidentiary …
njcourts.gov
… was warranted "based on newly discovered evidence." In a supporting certification, defendant stated, Although I was …
njcourts.gov
… of AMA's motion for reconsideration was well reasoned and supported by the facts in the record. The court considered …