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… examine, gather information relating to, and make certain determinations regarding the product and the roof as a whole, … suffered by the defendant. Defendant also cites to Aetna in support of its argument in which the plaintiff alleged that … by Defendant to Sauer is subject to a credibility determination by the jury. As there remains a genuine dispute …
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… 422 (1997)). Thus, the plain error standard requires a determination of: "(1) whether there was error; and (2) … the law enforcement officer or another[.]" First, to support a conviction for the basic offense of resisting … third-degree crime, leading to a non-unanimous verdict. In support of his position, defendant cites to State v. Gentry, …
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… motion to dismiss. In a written statement of reasons supporting the order, the judge applied the indulgent … whether a party waived its arbitration right is a legal determination subject to de novo review." Cole, 215 N.J. at … "Nonetheless, the factual findings underlying the waiver determination are entitled to deference and are subject to …
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… Super. 6 (App. Div. 1982). In this case, plaintiff(s), in support of plaintiff(s)’ claim of negligence, asserts that … Super. 6 (App. Div. 1982). In this case, plaintiff(s), in support of plaintiff(s)’ claim of negligence, asserts that …
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… at 497 (citing DCR Guidance materials regarding emotional support animals). If either side fails to meet its burden, … at 497 (citing DCR Guidance materials regarding emotional support animals). If either side fails to CHARGE 2.26 – Page …
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… officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. To find … officer’s knock. Commentary from the Model Penal Code supports the requirement of an affirmative act. N.J.S.A. …
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… did not violate A.G.D. because, in its view, the record supported the trial court’s finding that Vincenty “was … findings of the trial court so long as those findings are supported by sufficient evidence in the record.” State v. … right against self-incrimination if, when making that determination, they have not been informed of the charges …
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… v. Johnson, 42 N.J. 146, 161 (1964)). Our review of legal determinations is plenary. See State v. Handy, 206 N.J. 39, 45 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … However, the Court provided in Chun that "there is ample support for the finding that the Alcotest is well-shielded …
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… discretion of the trial court, and its 11 A-4169-15T4 determination will not be reversed on appeal unless there has … review, and submit to the court trial transcripts in support of defendant's motion for a new trial. Defendant … new trial, the trial court could only properly make this determination upon review of the record. Therefore, defendant …
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… the scapula, which sits along the back shoulder and supports the shoulder blade when a person lifts his or her … as an expert and allowing him to offer opinions. The determination to admit testimony, including expert testimony, … 355 (2005)). If, however, an expert's conclusions are not supported by factual evidence or other data, such testimony …
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… State of the chance to establish a full factual record in support of the warrantless seizure of the handgun, and … and mitigating factors as to each defendant – which were supported by competent, credible evidence in the record – …
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… He treated defendant and defendant's wife as his own children. The relationship ran the gamut from loud arguments … 540 (2013). So long as the judge's factual findings are supported by sufficient credible evidence in the record, … at 540. Trial counsel, an experienced defense attorney, supported by two experienced investigators, painted a …
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… to state a claim upon which relief may be granted. To support the motion, defendants submitted the certification … on its evaluation of conflicting certifications and its determination that plaintiffs were unable to prove their … harm is the foundational "fact- specific" element in the determination of whether a duty exists. Williamson v. Waldman, …
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… have full power to hear the dispute and make a final determination, which shall be binding on both parties. The … those hours subject only to the appropriate supervisor's determination that such access does not interfere with the … 16 A-0328-15T4 so long as the contract, as a whole, supports the arbitrator's interpretation, the award will be …
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… in Rule 4:25-7. That commentary provides persuasive support for the conclusion that Rule 4:25-7 does not apply … the litigants.” Ibid. That commentary provides persuasive support for the conclusion that Rule 4:25-7 does not apply …
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… the cause for respondent Forsa Construction (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, P.C., attorneys; … v. Lawson-Bell, 394 N.J. Super. 159 (App. Div. 2007), also supports the conclusion that in general a cause of action … the Association did not have all of the facts necessary to support actionable claims against defendants until the Board …
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… Fid. & Guar. Co., 256 N.J. Super. 382 (App. Div. 1992), in support of its position. There, plaintiff Greentree was the … n. 5. Universal's insurance carrier, Hartford, appealed a determination that its CGL policy provided coverage, arguing … SIR/deductible is considered to be "no insurance." We find support for NJT's position in Scott v. Salerno, 297 N.J. …
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… Fid. & Guar. Co., 256 N.J. Super. 382 (App. Div. 1992), in support of its position. There, plaintiff Greentree was the … n. 5. Universal's insurance carrier, Hartford, appealed a determination that its CGL policy provided coverage, arguing … SIR/deductible is considered to be "no insurance." We find support for NJT's position in Scott v. Salerno, 297 N.J. …
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… 3 On appeal, defendant argues the court erred in its determination that the agreement did not "clearly provide[ ] … be construed against the drafter. Plaintiff did not file a supporting certification confirming his understanding of the … is not precisely logical does not alter our view. We find support in the compulsory language used by the parties and …
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… ten days of receipt of a claim: (1) request additional supporting data from the claimant, (2) submit a schedule to … time requirements for making a claim for delay damages. In support of this contention, the Board cites to subsection … that the Board's challenge to the arbitrator's implied determination that SEI fulfilled its contractual notice …