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… Jersey State Police (NJSP) (collectively defendants). In support of their motions, defendants belatedly raised the … the jury would then be required to find whether that determination was palpably unreasonable. "Whether the conduct … under all of the circumstances is a question for jury determination." Paternoster v. N.J. Dep't of Transp., 190 N.J. …
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… 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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… THE CHARACTER OF DEFENDANTS HANNA AND NAGUIB WERE FACTUAL DETERMINATIONS OF THE TRIAL COURT AND SENTENCING COURT. THE … aggravating and mitigating factors, and such factors are supported by sufficient credible evidence in the record. See … found that aggravating factor inapplicable. Despite that determination, and the judge's finding that application of …
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… 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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… violated, where competent and credible evidence does not support the statutory aggravating and mitigating factors, or … finding aggravating or mitigating factors. The record supported his conclusions. The judge's thoughtful 22 …
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… if 1) the defendant establishes a prima facie case in support of PCR, 2) the court determines there are "material … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998)). Such determinations are "best made" at an evidentiary hearing, and "[e]ven a suspicious or questionable affidavit supporting a PCR petition" may not be summarily rejected, …
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… 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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… to the PCR judge's factual findings, as long as they are "supported by sufficient credible evidence in the record." … in certain circumstances. In making that A-0315-15T4 13 determination, a judge should consider, among other relevant … 171 N.J. 443 (2002)). A review of additional judicial determinations provides guidance governing recusal when a …
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… and Advantageous to All Parties The Guidelines likewise support the granting of an MCL petition where coordinated …
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… at 497 (citing DCR Guidance materials regarding emotional support animals). If either side fails to meet its burden, … at 497 (citing DCR Guidance materials regarding emotional support animals). If either side fails to CHARGE 2.26 – Page …
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… Super. 6 (App. Div. 1982). In this case, plaintiff(s), in support of plaintiff(s)’ claim of negligence, asserts that … Super. 6 (App. Div. 1982). In this case, plaintiff(s), in support of plaintiff(s)’ claim of negligence, asserts that …
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… the cause for respondent Forsa Construction (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, P.C., attorneys; … v. Lawson-Bell, 394 N.J. Super. 159 (App. Div. 2007), also supports the conclusion that in general a cause of action … the Association did not have all of the facts necessary to support actionable claims against defendants until the Board …
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… 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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… Lowes moved for reconsideration of the trial court's determination to permit the breach of contract claim to go to … affected by an action taken under the MLUL. The DOT's determination to revoke access to plaintiff's original 4 We … "[b]are conclusions in the pleadings, without factual support in tendered affidavits, will not defeat a 19 …
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… to the PCR judge's factual findings, as long as they are "supported by sufficient credible evidence in the record." … in certain circumstances. In making that A-0315-15T4 13 determination, a judge should consider, among other relevant … 171 N.J. 443 (2002)). A review of additional judicial determinations provides guidance governing recusal when a …
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… 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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… 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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… 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
… Jersey State Police (NJSP) (collectively defendants). In support of their motions, defendants belatedly raised the … the jury would then be required to find whether that determination was palpably unreasonable. "Whether the conduct … under all of the circumstances is a question for jury determination." Paternoster v. N.J. Dep't of Transp., 190 N.J. …
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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 - …