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- njcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … in Taylor are: (1) the party "agrees to be bound by the determination of issues" in the previous action; (2) the party … to purchase the properties, and the Township's pleadings in support of condemning the two lots. These representations …
- njcourts.gov… if the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Frederick … Cleaners, Inc., 230 N.J. 123, 133-34 (2017). A judge's determination of the accrual date for a claim under the TCA …
- njcourts.gov… We should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
- A-1694-17T4 Opinionnjcourts.gov… and the Board filed petitions for a scope of negotiations determination with PERC to determine if the legislation … and 30% of their salary for member/spouse/partner or parent/children coverage. 6 A-1694-17T4 Chapter 78 had a sunset … first year. Id. at 15. II Before us, the Association, supported by amicus curiae Communications Workers of …
- A-0707-17T2 Opinionnjcourts.gov… have recognized such a class-of-one theory, where it is supported by the facts. See, e.g., Paul Kimball Hosp., Inc. … businesses combined. That statistic bolsters both our determination that RDI was not similarly situated to other …
- A-1922-12 Opinionnjcourts.gov… other than plaintiff's product, . . . there is no evidence supporting the exception to the exclusion, because the … 230 (App. Div.), certif. denied, 189 N.J. 104 (2006). [A] determination whether there exists a 'genuine issue' of …
- 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-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-0742-19 Opinionnjcourts.gov… Court "identified two factors that are relevant to the determination of need: (1) the value of the transcript to the … Anga's show-up identification of defendant finds no support under this Rule. 5 Absent certain circumstances not …
- A-2439-19 Opinionnjcourts.gov… engaged in a categorical approach, the record does not support that argument. The sentencing judge questioned the … "crime of violence," but ultimately relied on the jury's determination as to defendant's own conduct: "It 's certainly …
- 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-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-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-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-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-0559-18T4/A-0560-18T4/A-0561-18T4/A-0563-18T4/A-0564-18T4/A-0565-18T4/A-0566-18T4/A-0567-18T4 Opinionnjcourts.gov… with prejudice of a claim that has no 14 A-0559-18T4 other supporting evidence. Glass v. Suburban Restoration Co., 317 … in non- payment of taxes, and make a fact-sensitive determination on a case-by-case basis, as to whether the …