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njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … and materials beyond the pleadings were submitted in support of the motions to dismiss, we treat them as motions …
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njcourts.gov
… to be determined by motion. The order stated that upon determination of that motion, a final judgment "shall" provide … a miscarriage, but otherwise makes its own independent determination of whether a miscarriage of justice occurred. … indemnified plaintiff for his negligence was not supported. Defendants cite no other legal authority that an …
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njcourts.gov
… defendant also moved to vacate the final judgment. In his supporting certification, DeLeon claimed he was unaware that … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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njcourts.gov
… following contentions: POINT-I THE PCR COURT ERRED IN ITS DETERMINATION THAT THE DEFENDANT DID NOT SATISFY THE … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … if a new trial were granted. Lastly, the record does not support defendant's argument that James' availability to …
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njcourts.gov
… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
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njcourts.gov
… findings after the suppression hearing, as they were "supported by sufficient credible evidence in the record." …
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njcourts.gov
… Court reasoned: [D]efendant's factual circumstances do not support an "involving or touching" conclusion in respect of …
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njcourts.gov
… holding: Rule 607 permits, "for the purpose of impairing or supporting the credibility of a witness, any party including …
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njcourts.gov
… decision. 8 A-2583-16T4 We review a summary judgment determination de novo, applying the same standard as the trial … 140 N.J. 366, 378 (1995)). A trial court reviewing a determination by a board is required to give deference to the … Corporation v. Planning Board of Township of Clinton in support of her argument is misplaced. In Brower, we held a …
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njcourts.gov
… expert may offer out-of-court statements of others to support the opinions presented."). "However, hearsay is not …
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njcourts.gov
… "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
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njcourts.gov
… argues the sponsor statement of N.J.S.A. 2A:50-56.1 supports her legal position. The statement provides: The …
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njcourts.gov
… in which the statutory exemption is applicable supports the view that the statute permits gun owners to … and not an adjudicative body" and that "[c]redibility determinations and the resolution of factual disputes are …
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njcourts.gov
… court "erred in passing judgment" on the hospital's SPAE determination because under the PSA, the court has no role in reviewing a health care facility's SPAE determination. Id. at 246-47. The Court also held that the … would be "overly burdensome." The record does not, however, support that claim. Moreover, NMC has conceded that an …
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njcourts.gov
… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
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njcourts.gov
… attendant to litigating this matter in Kansas support invalidating the parties' forum selection clause. …
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njcourts.gov
… the trial de novo demand. Defendant cites to Vanderslice to support this argument, arguing "[t]he Supreme Court …
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njcourts.gov
… EXCESSIVE SENTENCE REQUIRING REVERSAL. A. ALTHOUGH SUPPORTED BY AMPLE EVIDENCE IN THE RECORD, THE JUDGE … other jurors to ensure the impartiality of the jury. That determination should be explained on the record to facilitate … for her departure. Our Supreme Court cautioned the "determination that the reasons for the removal of [a juror] …
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njcourts.gov
… not point to any objective credible medical evidence" in support of her claim. She also failed to provide the … deemed to have waived any challenge to the trial court's determination that she failed to show her injuries satisfy the …
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njcourts.gov
… restored had plaintiff filed a timely motion to reinstate supported by "a one paragraph certification." The court did … that our court rules shall be construed to secure a just determination, simplicity in procedure, fairness in … as "a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits." …