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… (emphases added). The change to Rule 4:19 thus does not support placing a burden on the plaintiff to justify … and by the Federal Rules of Civil Procedure likewise do not support placing the burden on the plaintiff to show special … would not perform the examination if it were recorded. In support of his position, Dr. Morgan cited the 2016 Policy 10 …
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… 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 …
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… relying on those adult sentencing enhancement features to support a conclusion that the goals of special and 5 The … for the judge to render a more detailed opinion to support the order. III. We next address defendant's … a "black rifle" as the prosecutor had initially argued in support of the admissibility of the video. The lateness of …
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… wore the hoodie on the night of the murder, which was supported by the now-excluded telephone and text … to prove or disprove any fact of consequence to the determination of the action." As a minimum, the videos at … are sufficiently clear to permit the jury to make this determination. The remaining videos to which defendant objects …
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… 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 …
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… 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 …
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… 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 …
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… with public policy. And more specific legal developments support the validity of the exclusions here. After the Court … But courts cannot “engage in a strained construction to support the imposition of liability or write a better policy … with public policy. And more specific legal developments support the validity of the exclusions here. In two …
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… 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 …
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… "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." …
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… CASE WAS AN ABUSE OF DISCRETION WHERE IT DID NOT BASE ITS DETERMINATION ON THE RULE OF LAW. POINT II THE TRIAL COURT'S … is a 'manifest lack of inherently credible evidence to support the finding,' when there has been an 'obvious 21 … that the jury has made actual fact-findings or reached determinations of guilt or innocence,' there is a concern that …
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… by sporting groups and persons who partake in or otherwise support such hunting. See, e.g., U.S. Sportsmen's All. … by disallowing recreational bear hunting on those lands. In support of those claims, appellants point to correspondence … in administrative rulemaking in making such a proprietary determination. As an important caveat, Safari Club does …
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… 11:00 p.m. on July 19, 2014, two employees of a children's store, M.D.3 and M.W., left the business after it … We accept those findings of the trial court that are "supported by sufficient credible evidence in 17 A-3528-16T3 … discussed, considered a number of factors in reaching its determination that the proposed identifications were …
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… purposes of coverage. Citing the district court's opinion supporting summary judgment in the underlying action, Group … standard: [I]f, accepting as true all the evidence which supports the position of the party defending against the … faxes promoting the TFM Show to the names on the list. This supported my belief that I had permission to fax the …
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… portion of the judgment regarding the trial court's legal determination on the appropriate measure of damages for … and remand the assessment of trespass damages for a jury determination. Further, we affirm the trial court's denial of … standard: 'if, accepting as true all the evidence which supports the position of the party defending against the …
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… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (1964)).] We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … blurt out" and was therefore admissible. This determination was reasonable, as illustrated in State v. …
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… 8 Accordingly, we need not consider whether the evidence supported a reasonable inference defendant knew his … the motion court did not err in finding there was evidence supporting plaintiff's claim that defendant owed him a duty … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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… The significance of this testimony is that it could have supported an inference that defendant and Compton had … only briefly and did not dwell upon how the evidence supported proof of either purposeful or knowing murder. She … (2) . . . there [is] a rational basis in the evidence to support a charge on that included offense." State v. Thomas, …
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… with an intent only to have consensual sex with B.M. is unsupported by any evidence clearly indicating that was the … engage in consensual sex with B.M., as this contention is unsupported and contradicted by the trial record. 17 … defendant's motive, state of mind or intent." The court's determination that B.M.'s texts were admissible under N.J.R.E. …
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… of the detective." Defense counsel asserted no evidence supported the State's position that T.J. decided on her own … Super. 57, 67 (App. Div. 1979)). Here, the record does not support the State's contention that defendant invited any … theory that T.J. was intimidated by defendant and supported the defense position that her identification was …