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- A-0707-17T2 Opinionnjcourts.gov… have recognized such a class-of-one theory, where it is supported by the facts. See, e.g., Paul Kimball Hosp., Inc. … businesses combined. That statistic bolsters both our determination that RDI was not similarly situated to other …
- A-1922-12 Opinionnjcourts.gov… other than plaintiff's product, . . . there is no evidence supporting the exception to the exclusion, because the … 230 (App. Div.), certif. denied, 189 N.J. 104 (2006). [A] determination whether there exists a 'genuine issue' of …
- A-0742-19 Opinionnjcourts.gov… Court "identified two factors that are relevant to the determination of need: (1) the value of the transcript to the … Anga's show-up identification of defendant finds no support under this Rule. 5 Absent certain circumstances not …
- A-2439-19 Opinionnjcourts.gov… engaged in a categorical approach, the record does not support that argument. The sentencing judge questioned the … "crime of violence," but ultimately relied on the jury's determination as to defendant's own conduct: "It 's certainly …
- A-1041-16T2 Opinionnjcourts.gov… We reject those arguments as 7 A-1041-16T2 without support in the statutory scheme and affirm PERC's ruling … 54, 83 (1978). Although a party dissatisfied with PERC's determination of course has recourse to this court, N.J.S.A. … courts] apply a deferential standard of review to determinations made by PERC." City of Jersey City v. Jersey …
- A-1303-20 Opinionnjcourts.gov… 34:13A-5.4(d)). PERC's role is to make a threshold determination of whether the disputed matter is something the … a municipality elects to provide is an essential employer determination which is not subject to the mandatory duty to … at the fire scene on May 4, 2020[,] violated Article 8." In support of its argument, the Union relies on PERC decisions, …
- A-2225-09 Opinionnjcourts.gov… "proof which will be offered . . . at the trial . . . to support" its defenses and counterclaim, "or any other … . . . should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Rova Farms … N.J. 79 (2000). "[I]n making relevance and admissibility determinations," the trial judge's exercise of his "broad …
- A-4130-09 Opinionnjcourts.gov… as "there is sufficient credible evidence in the record to support the findings." Brunson v. Affinity Fed. Credit …
- A-5711-18T4 Opinionnjcourts.gov… then citing Burton, 365 U.S. at 720 (finding that financial support for the private entity and an ongoing relationship …
- A-2595-18T3 Opinionnjcourts.gov… unless [it is] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence."). …
- A-0483-18T1 Opinionnjcourts.gov… and petitioned the GRC for a "contested case" determination, pursuant to N.J.A.C. 1:1-4.1(a). Carter renewed … petitioned the GRC for a 4 A-0483-18T1 "contested case" determination.2 The GRC then issued its final agency decision … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, …
- 007787-2016 Opinionnjcourts.gov… concerning plaintiffs’ challenge to defendant’s final determination of February 1, 2016, which demanded a repayment … reasons stated below, the court upholds defendant’s final determination. PROCEDURE Defendant (“Taxation”) addressed its … by Mrs. Citron is of no moment legally since there is no support either in any statute or caselaw permitting such a …
- BER-L-3443-17 Opinionnjcourts.gov… against Defendants in their Complaint. The underlying facts supporting these allegations relate to the Board depleting …
- A-5592-14T2 Opinionnjcourts.gov… or must be condemned as misconduct is often a difficult determination to make. In every instance, the performance must … fall and go off." He argues significant academic studies support the conclusion that guns accidently fire when …
- A-4022-12T1/A-4055-12T1 Opinionnjcourts.gov… BECAUSE THE PROSECUTOR'S SUMMATION CONTAINED FACTS UNSUPPORTED BY THE EVIDENCE WHICH PREJUDICED THE DEFENDANT'S … the sentencing court identifies and properly balances the supported aggravating and mitigating factors, and the result …
- A-80-17 Opinionnjcourts.gov… in custody until the expiration of the mandatory term. In support, the State cites State v. Webster, 383 N.J. Super. … a whole to determine whether it provides “otherwise.” Our determination of the Legislature’s intent in this regard is … Accordingly, we overrule the sentencing court’s determination, affirmed by the Appellate Division, that …
- A-77-13 Opinionnjcourts.gov… unpublished opinion, the Appellate Division affirmed that determination. The Court granted the petition for … coverage of Keppler’s liability policy with Mercer. That determination had the practical effect of enforcing Mercer’s … counsel in the event that Mercer’s motion was granted. 15 support in this record based upon our independent review of …
- A-21-13 Opinionnjcourts.gov… an advocacy group, and six same-sex couples and their children. 3 The Supreme Court’s recent ruling in United … plaintiffs cannot marry under State law, they and their children are simply not eligible for a host of federal … marital protections. The balance of hardships does not support the motion for a stay. D. Finally, because this case …
- A-3474-14T4 Opinionnjcourts.gov… a reviewing court should give equal deference to the determination of the trial court. The adequacy of a curative … If the record contains sufficient credible evidence to support the trial court's findings, we will not disturb the … N.J. 493, 503 (2006). If so, the second step involves a determination whether the impermissibly suggestive procedure …
- F-017741-16 Opinionnjcourts.gov… Law Revision Commission’s commentary states that “a determination of whether the parties made an agreement by … Defendants, and the Court having considered the papers in support of an opposition to said motion, and upon the …