njcourts.gov
… for PSE&G from 1957 to 1980. Plaintiffs' allegations are supported by an expert opinion that Donald died from … for the court to decide." Robinson, 217 N.J. at 208. "The determination of the existence of a duty of care to avoid harm … in many cases a duty of care can arise simply from the determination of the foreseeability of harm, usually 'more is …
njcourts.gov
… at 281. Moreover, a "failure to investigate will not alone support" recklessness. Ibid. As to demonstrating there was … Herskowitz. This argument lacks merit. 25 A-1312-21 The determination "of a motion to amend a pleading is generally …
njcourts.gov
… the motion record. Frank, Jr., Cathy, and Patty are the children of Frank, Sr. and Patricia, who are now both … was granted on December 29, 2021. Defendants appealed the determination, and the appeal is currently pending. On January … confidential. During the July 8, 2022, hearing, to support defendants' motion to seal the record, defense …
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… leaned down to pull weeds, she used her left arm to support her weight and did not place significant force on …
njcourts.gov
… upon remand, State v. Terry, ___ N.J. ___ (2018), for a determination of the arguments raised on appeal but not … the facts from the record that are essential to our determination. On December 31, 2010, Union Township Police … on the evidence and to "drawing any reasonable inferences supported by the proofs." State v. Zola, 112 N.J. 384, 426 …
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… of guilt, because "consciousness of guilt . . . [can] support an inference that [is] inconsistent with innocence …
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… measures, generously sustain that decision, provided it is supported by credible evidence in the record." Estate of … "fact" or "opinion" creates an artificial distinction. A determination of causation partakes of both fact and opinion. … must determine the cause of a disease, whether that determination is characterized as fact or opinion. As fact …
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… a third amended complaint, which proposed to add factual support for the fraud and defamation claims, rescind claims … by the statute of limitations, and the fraud claims were unsupported by any knowledge of collective conduct between … court's interpretation of N.J.S.A. 2A:53A- 27, and its determination that plaintiff was required to serve AOMs. We …
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… (App. Div. 2016). We also review de novo a trial court's determination of whether an AOM is required; whether the court … (2014). Plaintiff did not provide an expert's report to support her theory of causation or to establish the standard …
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… prejudice to defendant. 17 A-2049-16T3 Those findings were supported by substantial, credible evidence in the record. …
njcourts.gov
… claim, Judge Bumb found "the record evidence fails to support 17 A-4024-18 a finding that Cox retaliated against …
njcourts.gov
… required legal analysis, not making all relevant factual determinations, and not conducting an evidentiary hearing … because he had demonstrated extraordinary circumstances. In support of that motion, plaintiff submitted his affidavit, … 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 "the …
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… law enforcement, or the State moved for a voluntariness determination. 9 A-5586-17 signed a Miranda card, indicating … Div.), certif. granted, 246 N.J. 146 (2021), to further support his belated argument. The State filed a responding … Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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… who entered the cab. Nicolas knew one, J.N., since J.N.'s childhood. Nicolas recognized the other, later identified as … of Nicolas, but rather summarized the strong evidence supporting conviction and the inconsistencies in defendant's … to prove or disprove any fact of consequence to the determination of the action." (Emphasis added). Evidence "need …
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… will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, 132 (App. Div. 2011), self-serving statements unsupported by legally competent evidence, Heyert v. Taddese, … N.J. Super. 374, 389 (App. Div. 1996). Similarly, "fee determinations by trial courts will be disturbed only on the …
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… immature neurological development and damage caused by childhood abuse and other environmental factors." He also … did "not reflect 'irreparable corruption,'" including a determination of whether he was "sufficiently rehabilitated . … federal and State precedent on cruel and unusual punishment support a finding that the possibility of parole provides a …
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… was reached in the Wears' litigation. In reaching the determination on Selective's obligation to defend, the judge … for "bad faith" or failure to defend against Selective. In support of their motion, the Wears provided an expert report … of injury, separate and apart from mold. The judge's determination that Selective had a duty to defend was decided …
njcourts.gov
… court correctly applied the interest-of-justice standard in support of its findings and conclusion of law. Lawson v. …
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njcourts.gov
… law enforcement, or the State moved for a voluntariness determination. 9 A-5586-17 signed a Miranda card, indicating … Div.), certif. granted, 246 N.J. 146 (2021), to further support his belated argument. The State filed a responding … Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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njcourts.gov
… who entered the cab. Nicolas knew one, J.N., since J.N.'s childhood. Nicolas recognized the other, later identified as … of Nicolas, but rather summarized the strong evidence supporting conviction and the inconsistencies in defendant's … to prove or disprove any fact of consequence to the determination of the action." (Emphasis added). Evidence "need …