-
A-1928-23 Briefs
Briefs
njcourts.gov
… hit plaintiff’s driver’s side. So, there is evidence to support a lack of observations, speed, and control. In … the defendant left his left lane and entered right lane and supports the plaintiff’s position. While the precise …
-
A-0713-23 Briefs
Briefs
njcourts.gov
… permit and has not shown any legislation in our history to support its argument. AMENDEDFILED, Clerk of the Appellate … Faith and Credit Clause. Her contrary arguments find no support in case law, contradict decisions of the U.S. …
-
A-2924-23 Briefs
Briefs
njcourts.gov
… findings ‘unless . . . convinced they are so manifestly unsupported by or inconsistent FILED, Clerk of the Appellate … Default Judgment, Diana provided a sworn Certification and supporting documentary evidence showing his address at the … prong, coupled with the court making improper credibility determinations on the motion record.” No. A-2809-20, 2022 N.J. …
-
A-2905-23 Briefs
Briefs
njcourts.gov
… search. (2T 81-15 to 82-5) But the stop of Pearson was not supported by individualized suspicion of any kind—merely … case repeatedly acknowledged that there were no facts to support any individualized suspicion that Pearson had …
-
A-3416-22 Briefs
Briefs
njcourts.gov
… Appellate Division, September 23, 2024, A-003416-22 -19- supported by the record, the court’s order denying … were without merit. The court’s findings are amply supported by the record and, thus, they should not be …
-
A-1826-23 Briefs
Briefs
njcourts.gov
… 16 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325 (App. Div. … is de novo, “affording no deference to the trial court’s determination.” Pace v. Hamilton Cove, 258 N.J. 82, 95–96 … clerks or stenographers. There is nothing in the record to support that factual comparison. To the contrary, under R. …
-
A-1626-22 Briefs
Briefs
njcourts.gov
… If the language of the Holding Act and SSAP No. 25 clearly supported the Department's position, what did the Department … Act (the "APA"). New Jersey law is clear that an agency determination effecting a material change in existing law, or … Act (the “APA”). New Jersey law is clear that an agency determination effecting a material change in existing law, or …
-
njcourts.gov
… the amount of reimbursement including medical necessity determinations and is responsible for the final claim determination and payment.” MHA avers that: Notwithstanding … correctly concluded that the complaint was sufficient to support a claim of design defect.”). III When its position …
-
njcourts.gov
… reliance on the subject pre-authorization letters further support Defendants’ arguments in favor of preemption. … coverage terms of the health care plan or require a determination as to whether those terms were properly applied … conditions of each Patients’ individual Plan, or how the determination of the same would not direct the Court’s inquiry …
-
njcourts.gov
… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 469 … "was[ not] exercised in a timely fashion." In support, the judge pointed out that "defendant's application … or "on [d]efendant's election not to testify." In support, the judge found "defendant's unsworn statements …
-
njcourts.gov
… without a hearing despite the contested record, a "determination . . . pivotal to whether plaintiff was entitled … Sam's position that as to the Oaklyn property, "a determination of abandonment by an evidentiary hearing" would … order on remand and dismiss the tax foreclosure as moot. In support of its cross-motion, Sam's counsel submitted a …
-
njcourts.gov
… suitcase belonged to defendant. Unlike in Johnson, no facts support any other person’s ownership or possessory interest … -- is abandoned.” Id. at 226. We explained that the determination of whether Carvajal knowingly and voluntarily … formally abandoning case law suggesting “that the determination of whether property is abandoned is governed by …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … which we owe no special deference. We likewise deem the determination of the constitutional boundaries of an … . . . than the scope of a search authorized by a warrant supported by probable cause." Id. at 823. Obviously, a …
-
njcourts.gov
… than to visually inspect his underwear or body.” 18 In support of this finding of reasonableness, the Appellate … and circumstances presented to an arresting officer would support a person “of reasonable caution in the belief that …
-
njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … Johnson, 42 N.J. at 162). However, our review of legal determinations is plenary. See State v. Kuropchak, 221 N.J. … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
-
njcourts.gov
… (Hoens, J., dissenting). It is "generally limited to a determination whether that rule is arbitrary, capricious, … of professionals and other providers of products, services, support, and counsel to association-governed communities, … that residents have the right to contest the board's determination by requesting Alternative Dispute Resolution.[3] …
-
njcourts.gov
… have gone and [gotten] them himself; however, I made the determination that I'll go find the paperwork myself. … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … majority found there was sufficient credible evidence to support that conclusion, concluding that "[f]rom the …
-
njcourts.gov
… junk science, but found that defendants' arguments were not supported by case law, and as a trial court, it was not in a … or slower speeds. In short, the judge rightly endeavored to support the jurors in their manifest and conscientious …
-
njcourts.gov
… junk science, but found that defendants' arguments were not supported by case law, and as a trial court, it was not in a … or slower speeds. In short, the judge rightly endeavored to support the jurors in their manifest and conscientious …
-
njcourts.gov
… Justice Institute (NJCJI), appearing as amicus curiae, supports defendants’ arguments. NJCJI argues that imposing a … the same standard that governed the trial court’s determination. Samolyk v. Berthe, 251 N.J. 73, 78 (2022). … we owe no special deference to the trial court’s legal determinations. DeSimone v. Springpoint Senior Living, Inc., …