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- 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-1883-20 Opinionnjcourts.gov… the jury to not consider th[e] testimony." To support his ruling, the judge explained: The [S]ergeant's … Court articulated a four-part test designed to guide the determination of when to admit such evidence. The Court … 553, 608-09 (2004). "In our review of a trial court's determination on the admissibility of the evidence of other …
- A-0592-20 Opinionnjcourts.gov… 1 as the alternate juror rather than waiting to make that determination at the end of the trial.2 That way, according to … months later, on July 28, 2020, Burroughs filed a brief in support of defendant's petition with the trial court. He … We agree. Our standard of review is well settled. "[A] determination of whether counsel should be disqualified is, as …
- A-0341-18 Opinionnjcourts.gov… being sentenced for. "Appellate courts review sentencing determinations in accordance with a deferential standard." … application of the aggravating and mitigating factors is supported by the record, and the sentence does not shock the …
- A-2066-19 Opinionnjcourts.gov… facts from the evidence submitted by the parties in support of, and in opposition to, defendants' summary …
- A-1920-19 Opinionnjcourts.gov… Supreme Court has expressed three "significant concerns" supporting preclusion under the entire controversy doctrine: … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy and …
- 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-62-21 - Statewide Insurance Fund v. Star Insurance Company (086440) (Monmouth County & Statewide) Opinionnjcourts.gov… a commercial general liability insurance company. That determination turns on whether the Fund provides “insurance” … risk in JIFs and the plain language of N.J.S.A. 40A:10-48 support our holding: the Fund does not provide “insurance” …
- njcourts.gov… counterclaims were dismissed, and, after the court made a determination of the amount due on the mortgage and promissory … 394, 411 (1998). We are bound by findings of fact that are supported by "adequate, substantial, credible evidence" in … Office can only recommend entry of a judgment, the determination of whether that recommendation will be followed …
- njcourts.gov… state court. They fail, however, to cite to any case law to support that argument. In response, counsel for other …
- njcourts.gov… having the burden of proof. In making the admissibility determination under N.J.R.E. 609(b), courts can consider (1) … and his testimony may well have been important evidence in support of his defense. The errors concerning the jury …