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- A-1214-17T4 Opinionnjcourts.gov… Schlesinger argued the cause for respondents (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … or "responsibility." Ibid. In her statement of reasons in support of the November 9, 2017 order, the judge agreed with …
- A-1340-17T3 Opinionnjcourts.gov… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … (App. Div. 1963)). Our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … their claim that they owned the vehicles. These are legal determinations that we review de novo. There really is no …
- A-2846-17T4 Opinionnjcourts.gov… judgment, arguing plaintiffs failed to produce evidence in support of their claims. After oral argument, the motion … 149 N.J. 496, 502-03 (1997). In the context of the duty determination, foreseeability is the knowledge of the risk of …
- A-3792-17T1 Opinionnjcourts.gov… in receipt of 6 A-3792-17T1 [Provencher's] loss value and supporting brief." On June 20, 2017, Arsenault promised to … that were mandated by a governmental unit" and "such determinations amounted to legal error" that require reversal …
- A-4885-16T1 Opinionnjcourts.gov… FACTORS THAT WERE INSUFFICIENTLY EXPLAINED, WERE SUPPORTED BY DEFENDANT'S ADDICTION, AND WHICH FAILED TO … matter before the Court and jury for the jury's ultimate determination as to whether the defendant is guilty or not …
- A-5497-16T3 Opinionnjcourts.gov… judge reviewed the MVR recording and found it did not support defendant's argument. Defendant has not supplied the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-5642-16T3 Opinionnjcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 76 (quoting Muhammad, 176 N.J. at 195-96). The threshold determination as to "[w]hether property is in a 'dangerous …
- A-5582-15T3 Opinionnjcourts.gov… to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401 (defining … State v. P.S., 202 N.J. 232, 255 (2010). "In relevance determinations, the analysis focuses on 'the logical … not violate the sentencing guidelines and the record amply supports her findings on aggravating and mitigating factors. …
- A-3863-16T2 Opinionnjcourts.gov… with liberality as required, we agree these assertions are supported by the record. As a general principle, when a …
- A-3841-17T1 Opinionnjcourts.gov… Fowler was not involved in starting the fire. Indeed, in support of this strategy, the trial counsel called two alibi … fire, this wasn't a fire that smoldered. That was his determination. This fire was lit and caught up so you know it …
- A-3926-16T3 Opinionnjcourts.gov… form provisions of the grant include language that supports two or more reasonable interpretations. However, …
- A-4544-17T2 Opinionnjcourts.gov… Family Part judge's fact-finding is binding on appeal when supported by adequate, substantial, credible evidence. … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
- A-3028-17T4 Opinionnjcourts.gov… if "the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Rieder, …
- A-2648-17T1 Opinionnjcourts.gov… TO COMPEL DISCOVERY. I. The judge's factual and legal determination, based on competing answers in discovery, that … of law to be decided by a court, 'preferably on a properly supported motion for summary judgment or dismissal.'" …
- A-1551-17T4 Opinionnjcourts.gov… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … self-represented litigant; it is the same brief he filed in support of his petition when before the PCR court. In his … jury and did not create any "risk that the . . . ultimate determination of guilt or innocence [was] based on …
- A-1224-17T1 Opinionnjcourts.gov… his military record and post-traumatic stress disorder as support for finding additional mitigating factors, such as …
- A-1734-17T3 Opinionnjcourts.gov… filed an answer, followed by a motion for summary judgment, supported by a brief. Plaintiffs then retained the same … and, because plaintiffs limited their 8 The attorney's unsupported statement also did not even require any specific …
- A-0939-18T2 Opinionnjcourts.gov… for four days amongst each other." The record fails to support that conclusion. Emphasis was unduly placed by the … court to engage in such a fact-finding exercise. These determinations are for a jury to decide. Chen, 208 N.J. at …
- A-3684-18T3 Opinionnjcourts.gov… Valley Reg'l High Sch. Bd. of Educ. v. Pascack Valley Reg'l Support Staff Ass'n, 192 N.J. 489, 496-97 (2007) (explaining … cannot realistically coexist with the agreement to submit determination of when and how that right can be exercised to … realistically coexist with the agreement to submit determination of when and how that right can be exercised to …
- A-4910-17T2 Opinionnjcourts.gov… an expert witness, familiar with Wegner's condition, to support such an inference. We reject defendants' argument …