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- njcourts.gov… to "provide adequate findings of fact and conclusion of law supporting its decisions pursuant to [Rule] 4:65-5"; and …
- njcourts.gov… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … sustain [the trial court's] decision, provided it is supported by credible evidence in the record.'" Ibid. … to prove or disprove any fact of consequence to the determination of the action.'" Davis v. Disability Rights …
- njcourts.gov… and management, testified on behalf of plaintiffs in support of their contention Lowe's had been negligent in … relevant to the issue of credibility" to "attack[] or support[] the credibility of a witness." Thus, "[a]ny … No. 090633 (June 6, 2025). Moreover, the record does not support the use of an instruction based on section 317. A …
- njcourts.gov… the court explained, the burden shifted to the State to support its decision. Ultimately, the court did not find … has defined the standard in the context of prosecutorial determinations about whether an individual should be … abuse of discretion” standard commonly applied to PTI determinations or the ordinary abuse of discretion standard …
- 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… whether there was a rational basis for the Commission’s determination that the wards defined by its map were … 144-56 (App. Div. 2024). It affirmed the trial court’s determinations of plaintiffs’ equal protection and NJCRA … matters “are wholly irrelevant” and could not be invoked to support population deviations “of any kind,” the Court held …
- njcourts.gov… does violate 8.4(c). No party has challenged the ACPE’s determination of the second question. The Court granted … 8.4(c). Id. at 2156. No party has challenged the ACPE’s determination of the second question, which is why only the … search engine.” Miko concluded, without offering empirical support beyond the cited surveys, “given the complexity of …
- njcourts.gov… issue addressed in defendant's initial brief in support of her motion for leave to appeal. 6 We omit … use drug offenses. This reflects the Legislature's policy determination that the need to save lives by encouraging … and "hysteria," when juxtaposed with "physical illness," support our conclusion that an acute condition is not …
- njcourts.gov… in conflict; by rejecting its argument that RETA and its supporting regulations are in conflict; by improperly … party[,]" and "accept as true all the evidence which supports the position of the party defending against the … defendant contends the Court's reasoning in Sun Chemical supports preemption of the CFA, where, as is the case here, …
- njcourts.gov… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … also State v. Brunson, 132 N.J. 377, 393-94 (1993). "The determination of whether the State sufficiently established … to the discretion of the trial judge, and his [or her] determination will not be overturned in the absence of a …
- njcourts.gov… A.P., testified that she visited defendant with her children the weekend of June 22, 2018, through June 24, … any knowledge, data, personal experience, or training to support that radius," thus resulting in a net opinion. 28 … of discretion. State v. Garcia, 245 N.J. at 430. Such a determination "will only be reversed for manifest error and …
- njcourts.gov… orders, and "[t]he 12 A-1962-22 undisputed facts clearly support[ed] a determination that [Brad] breached his fiduciary duty to" … were voided; the membership interests of Brad's minor children, James C.B. Conway for $70,000, Granville K. Conway …
- njcourts.gov… the close of discovery, B&S moved for summary judgment. In support, it contended it owed no duty to any neighboring … fire department amounts to negligence is clearly a fact determination to be made by the jury." 19 A-0160-22 As it did … 222 N.J. at 404). "Proximate cause 'requires an initial determination of cause-in-fact' . . . [which] 'requires proof …
- njcourts.gov… TO FIND MITIGATING FACTORS ONE AND TWO, WHICH WERE WELL- SUPPORTED BY THE RECORD. B. RESENTENCING IS REQUIRED BECAUSE … Probable cause "requires 'a practical, common sense determination whether, given all of the circumstances, there … is entitled to appellate deference so long as that determination is supported by sufficient credible evidence in …
- KENNETH HAGEL VS. KEVIN DAVENPORT, ET AL. (L-1532-14, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… told him soon thereafter to ask plaintiff for the orders supporting his military drills, which O'Connor called a new … the employer's reason will be assessed by the jury in its determination of whether the plaintiff has met the ultimate … with the prima facie case, may be legally sufficient to support the inference that the alleged discriminatory reason …
- 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… 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 …
- 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… 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 …
- 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." …