njcourts.gov
… the deposition was needed to produce an expert report was unsupported by competent evidence from the expert himself. … Consequently, we owe no deference to the trial court's determination. Manalapan Realty, L.P. v. Twp. Comm. of … to save lives [airbags] create a lethal hazard to young children and other small persons sitting too close to the …
njcourts.gov
… outside the record[.]" We agree with the PCR judge's determination that this claim was procedurally barred under … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
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… of material fact under the statute. This conclusion is supported by Goodwin. There, the Court found that N.J.S.A. … "the evidence relied 25 A-2520-17T4 upon by the State to support the . . . convictions was identical[,] [m]erger is …
njcourts.gov
… defendant's explanation of excusable neglect was "wholly unsupported by evidence, vague, and barely even the 'plausible … trial attorney's] purported errors 'played a role in the determination of guilt,' and so [defendant] [could not] … the deficient representation of counsel affected 'a determination of guilt or otherwise wrought a miscarriage of …
njcourts.gov
… affair which a male counterpart would not. The record supported the judge's observations that such rumors might … assignment because of the relationship, and that such a determination should be made by the jury. For example, … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
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… and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … (the need to deter defendant and others). These were amply supported by evidence in the record, including defendant's …
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… objections to the alleged damages. The court detailed its determination as to which M&A fees and costs it deemed … between the breach 14 A-1416-20 of the lease and its determination of the damages. Nicoletta asserts a damage award … point to any statute, court rule, or contractual provision supporting the award of those fees, see Litton Indus., Inc. …
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… during which a confidential informant (CI), defendant's childhood friend, conducted ten controlled drug purchases … "there is one common denominator in all of those cases: a determination that someone was being subjected to potentially … a defendant's predisposition is shown."). Additionally, if supported by "a compelling reason," State v. Megargel, 143 …
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… if "sufficient credible evidence in the record" supports those findings, because the PCR judge is better … gunshots, Hopkins's first instinct was to protect the children she was watching that day, not to look out the … defense. We shall not disturb the PCR court's determination. As the Supreme Court recognized, some trial …
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… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
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… fee but did not apply for, or submit materials in support of, an enhanced fee under Rule 1:21-7(f). Plaintiff … the settlement with the defendant, there was an apparent determination not to seek counsel fee-shifting against the … in the rule provides guidance as to the reasonableness determination of such an agreement. Here, nothing has been …
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… manner, as is required by Rule 4:6-2(e), and reached unsupported conclusions with respect to commonality, … no allegations of specific acts by those defendants supporting those alleged causes of action. The dismissal was … A finding the proposed class was sufficiently numerous is supported by precedent. Baskin, 246 N.J. at 174 (noting …
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… cite; and they have failed to plead sufficient facts to support their claims. Having reviewed the complaint “in … of Tort Claim, second and third unnumbered bullets. The supporting documentation incorporated in the complaint …
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… Swan cited Rumbauskas v. Cantor, 138 N.J. 173 (1994), for support and characterized Rumbauskas as having “quoted … 2. Chipola argues that subsequent case law on this question supports his interpretation, claiming that McGrogan v. Till, … 199, 203 (App. Div. 2007). We likewise review de novo a determination that a cause of action is barred by a statute of …
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njcourts.gov
… Norbert's interest at approximately $32.2 million. These determinations were memorialized in an order entered on … Brown, supra, 348 N.J. Super. at 483. A trial court's determination of fair value is generally reviewable only for … as the factual findings underlying its decision find the support of sufficient credible evidence in the record, the …
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njcourts.gov
… and borderline traits." He "f[ound no] evidence that would support the defense of diminished capacity." By all … testimony is being offered for the purpose of aiding your determination of: (1) the reasonableness of [defendant]'s use … wa]s being offered for the sole purpose of aiding [their] determination of the issues of self-defense and …
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njcourts.gov
… and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … (the need to deter defendant and others). These were amply supported by evidence in the record, including defendant's …
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njcourts.gov
… of the record, the Committee makes the following findings, supported by clear and convincing evidence, which form the … monies if he had filled out the appropriate form is not supported by the evidence. In fact, the record is devoid of … compensable event under the DWI Fund Guidelines, as that determination is vested in the Assignment Judge. Importantly, …
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njcourts.gov
… fee but did not apply for, or submit materials in support of, an enhanced fee under Rule 1:21-7(f). Plaintiff … the settlement with the defendant, there was an apparent determination not to seek counsel fee-shifting against the … in the rule provides guidance as to the reasonableness determination of such an agreement. Here, nothing has been …
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njcourts.gov
… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …