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- njcourts.gov… of his injury." The expert, however, offered no facts to support his opinion, 14 A-1841-21 stating only that "[s]eams … nor operated or point to any facts in the motion record to support his opinion that ABL failed to 17 A-1841-21 "educate … a claim may not be satisfied by an expert opinion that is unsupported by the factual record."). The point requires no …
- njcourts.gov… of New Jersey, Inc., to file an amicus curiae brief, which supports UPC's contentions. After our review in light of … 138 N.J. at 314. Thus, when a contracting agency makes a determination regarding a bid's conformity with an … made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal …
- njcourts.gov… The court first found that plaintiffs had "not provided any support" for the contention that the Cranbury Circle was a … condition of the property itself[,] and [that] lack of support [was] fatal to [plaintiffs'] claim." The court also …
- njcourts.gov… without diagnosing the cause of her severe pain. In support of their claims against both doctors, plaintiffs … not involved in this appeal. After Cottrell's passing, her children Bonnie and LeTrent filed an amended complaint, … he failed to order new MRI scans. Dr. Holtzberg offers no support for his "bare conclusory assertion[]" that as a pain …
- A-1691-22 – STATE OF NEW JERSEY VS. SHAKEIL PRICE (08-10-1785, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… for speedy trial or in the alternative, a dismissal. In support of the motion, defendant certified that "[o]n or … and from there defendant would "have to make one final determination as to whether or not [he] want[ed] to enter into … recognizing our deference to the PCR judge's credibility determinations, we accept his finding that trial counsel's …
- njcourts.gov… subsequently moved to dismiss the appeal as time-barred. In support, it argued Nicole-Kirstie's appeal actually sought … purpose of making what amounts to its final agency action determination." We denied NJDEP's motion on June 14, 2022, … agency decision must explain the specific reasons for its determination." In re Orban/Square Props., LLC, 461 N.J. …
- njcourts.gov… The second report, dated February 4, 2021, was submitted in support of plaintiffs' motion for reconsideration. 3 The … both LLC's, plaintiff has not offered any facts that would support a finding that Mercer Street LLC should have known, …
- njcourts.gov… arrest, Detective Charles Mackafee, as well as defendant's children and his girlfriend. Defendant's girlfriend's … went to the basement area of the home to retrieve her children. The judge also credited Detective Cole's testimony … (citations omitted). A defendant's IAC claims "must be supported by 'specific facts and evidence supporting [the …
- njcourts.gov… 2023, the court entered an order granting summary judgment supported by a supplemental written opinion. In its January … N.J. at 24 11 A-2489-22 (quoting Bhagat, 217 N.J. at 38). Determinations of credibility are "to be made by a jury and … version, the resolution of that conflict requires a determination of which version is more credible. Such a …
- A-0478-24 – STATE OF NEW JERSEY VS. ODEANNE S. LAWES (23-05-0614, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… for consent to search made during a motor vehicle stop be supported by "reasonable and articulable suspicion to … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … We hold the court erred in reaching that legal determination. We defer to the factual findings made by the …
- njcourts.gov… plain language of the Declaration, read in its entirety, supported the judge's concluding that Section 8.1(c), and … in other communities. The Association contends there is no support in the record for these statements by the judge. 15 …
- A-1403-23 – STATE OF NEW JERSEY VS. JOHN S. KERKULA (22-08-1470, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… then made a series of factual findings and legal determinations in a concise, but comprehensive oral statement … "Generally, . . . a trial court's factual findings in support of granting or denying a motion to suppress must be … Probable cause "requires 'a practical, common[-]sense determination whether, given all of the circumstances, "there …
- A-18-24 Amicus Curiae Brief the Association of Criminal Defense Lawyers of NJ Briefsnjcourts.gov… where a warrantless search is neither necessary nor supported by the concerns the exception is meant to address … v. Carter, 247 N.J. 488, 504 (2021). The Court’s frequent determination that the State Constitution provides more robust … ability of law enforcement to obtain a search warrant or support any reason not to do so. FILED, Clerk of the Supreme …
- A-0429-24 – MICHAEL M. MULLIGAN VS. COUNTY OF SALEM, ET AL. (L-0071-22, SALEM COUNTY AND STATEWIDE) Opinionnjcourts.gov… follow, we are constrained to reverse the trial court's determination of plaintiff's eligibility as a matter of law. 4 … years to retire. The terms of the statute and the Policy support the County's legal position. The County represents … with the legislative history of the enabling statute and is supported by a fair reading of the Policy. See DePetro, 367 …
- A-68-24 Respondent Brief Letter Briefsnjcourts.gov… costs associated with conducting feasibility studies “that support the creation of meaningful and implementable plans … Division correctly found that the Commissioner’s determination that Sea Bright is an entity that may seek … district the non-operating district will “merge,” and the determination will be based on the “district that is able to …
- njcourts.gov… the class without sufficient factual findings and legal determinations, and apparently misapplied our decision in … waiver provision. The court did not address its prior determination that defendants waived enforcement of the class … nor can we identify any specific factual or legal findings supporting the court's reversing its prior order and …
- njcourts.gov… 169 (2011)). Factual findings "are binding on appeal when supported by adequate, substantial, credible evidence. … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant …
- njcourts.gov… emails and opposition documents. After reviewing the supporting documentation in the unopposed motion, the trial … concluding this modified sum "represent[ed] the court's determination of the reasonable number of hours [p]laintiff's … 448 N.J. Super. 148, 155 (App. Div. 2016). Trial court determinations on attorney fee awards are only disturbed "'on …
- njcourts.gov… to whether there is 'substantial, credible evidence to support the court's findings.'" Zaman v. Felton, 219 N.J. …
- STATE OF NEW JERSEY VS. BRYANT LAMBERT (17-03-0355, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… present what they deem are the most effective arguments in support of the client's position. Ibid. Having considered …