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… evidence in the case that you consider relevant to your determination whether the identifications were reliable. Keep … out-of-court identification, and jury's credibility determinations). � State v. Anthony, 237 N.J. 213, 234-235 … system … variables … for which [the Court] found scientific support that is generally accepted by experts.” Henderson, …
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… to establish a constitutional violation. United States v. Childress, 715 F. 2d 1313 (CA8 1983) (en banc), cert. … exander v. Louisiana, supra, at 629-631. These principles support our conclusion that a defendant may establish a … voir dire examination and in exercising his challenges may support or refute an inference of discriminatory purpose. …
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1;2"'1 1+ Jodi Sydell Rosenzweig (NJ ID No. 016281983) &BZ~ Heidi E. Hilgendorff (NJ 1DNo. 028181998) DRD\KERBIDDLE & REATH UP A Delaware Limited Liability Partnership 600 Campus Drive FILEDFlorham Park, New Jersey 079321047 …
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A-1138-24 Briefs
Briefs
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… (Pa39 - Pa66) As to the latter, it was supplied solely to supported a purported fact (namely, that I was a "frequent … An appellate court reviews de novo the trial court’s determination of the motion to dismiss under Rule 4:6-2(e). … doctrine, so long as the courts do not intrude into the determination of the doctrinal issues. D) Courts have …
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… he found plaintiff's claims time-barred and made factual determinations that led to premature dismissal of his LAD … demonstrate the requisite "severe or pervasive" conduct to support his hostile work environment claim under prongs two …
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… brief upon reopening was labeled as "petitioner's brief to support petition for [PCR] and supplement to petitioner's … "[F]or the Brady rule to apply there must be a threshold determination of prosecutorial knowledge. To meet this …
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… survivorship claim recovery, was extinguished; (3) a determination of the maximum Medicaid reimbursement amount … reimbursement out of any tort A-1724-23 11 recovery." In support of these arguments, the Estate argues any … source of funds dictates the Division's reimbursement is unsupported because federal and state statutes plainly provide …
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… the MCSPCA was not subject to OPRA. A "trial court's determinations with respect to the applicability of OPRA are … officers operate under the supervision of the MCPO. In support of his contention, he points to the MCSPCA's, …
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… Michael W. Sabo argued the cause for appellants (Fox Rothschild, LLP; Jeffrey M. Pollock, Michael W. Sabo, and R. … fee arrangement, and the amount of fees, to accept." His "determination on all such issues will be final and binding on … arbitrator's requests, and overall recalcitrance is well-supported by the record. The arbitrator did not contradict …
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… as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… deference on appeal, and are not overturned if they are supported by 'adequate, substantial[,] and credible … was not responsible for payment. Whether the court's determination rested on set-off or habitability, it was …
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… Michael W. Sabo argued the cause for respondent (Fox Rothschild LLP, attorneys; Jacob S. Perskie, Amanda Moscillo, and … North the raw data is consistent with the motion judge's determination to extend discovery because "the parties [need] … with an obligation,' imperfectly expressed."). Logic supports an accounting where "the party without access to …
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… are not more accurate eyewitnesses than civilians.” For support, he relies on social science research and cites …
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… argues that the judgment of the Appellate Division is not supported by a “convincing legal basis” and will tacitly …
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… purchased was required to contain a subrogation waiver. In support of their argument, the Association relies on …
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… 2006)). Again, a naked assertion by the taxpayer without support is insufficient to rebut an audit determination. Yilmaz, 390 N.J. Super. at 440, 23 N.J. Tax at … remembered that the director “has wide latitude to make a determination regarding sales taxes that are due using one or …
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… whether a party waived its arbitration right is a legal determination subject to de novo review." Cole v. Jersey City … 378 (1995). The findings of fact underlying the waiver determination, however, "are entitled to deference and are … for "extreme prejudice" to SAE from arbitration, all support the trial court's determination that Avaya waived …
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… Dr. Yang and his practice, Diagnostic Imaging, Inc. To support his claims against Dr. Yang, plaintiff served the … where—as here— "issues on appeal turn on purely legal determinations, our review is plenary." State v. Monaco, 444 … in that initial causative event, or to make any other determination regarding that event. The plaintiff's settlement …
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… declaring a default under the financial agreement pending determination of the annual service charge calculation. On … additional charges under the financial agreement pending determination of the annual service charge calculation. 7 … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… the behavioral science studies that defendant offers in support of his motion have little bearing on the material … the case would not change. The defendant, married with two children, was having an affair with the victim's wife and … 567 U.S. 460, 465 (2012). The Court reasoned that "children are constitutionally different from adults for …