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njcourts.gov
… because it lacked "a [p]roper [f]oundation" and was supported by only "[n]et [o]pinions[.]" As a corollary, … and did vigorously challenge the admissibility of evidence supporting plaintiff's claim for medical expenses under …
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njcourts.gov
… contends the error was not harmless because disputed facts supporting his defense of misidentification were elicited by … all evidence presented at trial[,]" and to base their determination "on all of the evidence presented during the … to trial judges when evaluating their evidentiary determinations. State v. Cole, 229 N.J. 430, 449 (2017); State …
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njcourts.gov
… inference that the jury has affirmatively reached a determination on one or more factual or legal issues the trial … defendant does not proffer any exculpatory evidence to support his latter argument, but argues the evidence presented to the grand jury was insufficient to support its return. At oral argument, defense counsel told …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… and internal quotation marks omitted). The trial judge's determination will not be disturbed "unless a clear abuse of … 352 N.J. Super. 385, 403 (App. Div. 2002) ("Evidential support for an expert opinion is not limited to treatises or any type of documentary support, but may include what the witness has learned from …
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njcourts.gov
… AS THE TRIAL COURT FAILED TO FIND A MITIGATING FACTOR SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD. In a pro se … would be helpful to the jury by shedding light on the determination of a disputed factual issue." Id. at 464. "If … comment would be based on an inference or deduction supported by other facts in evidence; (5) the clarity and …
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njcourts.gov
… 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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njcourts.gov
David W. Field (00378-1984) LOWENSTEIN SANDLER LLP 65 Livingston Avenue Roseland, New Jersey 07068 973 .597 .2500 Attorneys for Defendant LifeCell Corporation IN RE: ALLODERM® LITIGATION CASE CODE 295 MICHAEL SIMINERI and KAREN SIMINERI, h/w, .J - …
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njcourts.gov
… 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 …
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njcourts.gov
… Postage Charges. A contemporaneous postage log or other supporting documentation must be maintained and submitted … Photocopy. A contemporaneous photocopy log or other supporting documentation must be maintained and submitted. … agreed to and therefore will be bound by the Court's determination on a future common benefit percentage holdback, …
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njcourts.gov
… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … counsel said "there was a deal on the table." Evidence determinations rest "in the sound discretion of the trial … during the hearing, and does not provide argument or supporting case law on appeal. The PCR court's decision for …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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A-34-23 Appellant Response To Amicus Brief
Briefs
njcourts.gov
… 2 POINT II THE EQUITIES OF THIS UNIQUE CASE SUPPORT PERMITTING APPORTIONMENT … resolution in a single lawsuit, rather than an incomplete determination of comparative negligence in New Jersey, followed by a redetermination of comparative negligence in New York. FILED, …
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njcourts.gov
… recommendation are attached to this order. The additional supporting documentation in the certified record submitted … 2, 2024; 3. All material exhibits (Exhibits 1 through 8) in support of the tendered removal by consent; 4. Certification …
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njcourts.gov
… then on appeal, the county board of taxation’s value determination, embodied in its final judgment,”. NOT FOR … in this regard; (3) treated plaintiff’s legal pleadings in support of his motion for Freeze Act relief as part of a … review is taken to the Tax Court to review the action or determination of the county board involving real property the …