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njcourts.gov
… defendant offered contrasting theories of causation, each supported by expert testimony"). We now explain why the …
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njcourts.gov
… the result we reach might be different if the evidence in support of the indictment were sufficient to create an …
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njcourts.gov
… owners filed a motion to intervene in the arbitration. They supported their application with certifications attesting to … arbitration is BOA" although it also conceded that "a determination in this arbitration about the quantum of money … arbitration. Ibid. Further, there has been no final determination on the merits of the dispute which gave rise to …
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njcourts.gov
… "'state contract-law principles generally govern a determination whether a valid agreement to arbitrate exists.'" … The arbitration agreement's broad severability clause supports such a result. See Foulke Mgmt., supra, 421 N.J. …
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njcourts.gov
… counsel, alleging the amended complaint was frivolous. In support of its motion, defendant argued that before … as a matter of law." Self-serving assertions that are unsupported by evidence do not give rise to a genuine issue of …
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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
… the trial de novo demand. Defendant cites to Vanderslice to support this argument, arguing "[t]he Supreme Court …
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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
… 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
… 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
… expert may offer out-of-court statements of others to support the opinions presented."). "However, hearsay is 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
… 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
… liability.1 Because Mercado contends, with some evidentiary support, that the accident was caused by defendant bus …
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njcourts.gov
… concluded that Willis' had not made a prima facie claim in support of post-conviction relief, State v. Preciose, 129 1 …
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njcourts.gov
… to the evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … court's findings of fact, especially when credibility determinations are involved, we do not defer on questions of …
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njcourts.gov
… Declarations, By- Laws[,] and Rules and Regulations." In support of her allegation that pleadings 14 A-0407-19T1 …
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njcourts.gov
… of tort claim pursuant to N.J.S.A. 59:8-9. The motion was supported only by plaintiff's and her daughter's 2 Plaintiff … N.J. 335, 344 (2019) (noting N.J.S.A. 59:8-9 leaves the determination of whether a late notice may be filed to judge's … and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's …