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njcourts.gov
… during this sidebar to "Unidentified," but context supports the attributions given in text here. 7 A-5494-14T1 … attributes the questions to "Unidentified," but context supports their attributions to the prosecutor. 9 A-5494-14T1 … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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njcourts.gov
… Inc., can cause Crohn's disease. We reversed that determination, In re Accutane Litigation, 451 N.J. Super. 153 … the 3231 claims that were dismissed as a result of that determination. Plaintiffs filed a timely appeal, which we … the data in the epidemiological studies is slightly more supportive of an association between Accutane and ulcerative …
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njcourts.gov
… Delaware Riverkeeper and Delaware Riverkeeper Network support SHOS's position, contending "strict compliance with … with deference, and will not reverse the ultimate determination of an agency unless the court concludes that it … permitting decision by the Department is a quasi-judicial determination, reasoned fact-finding is essential. In re …
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njcourts.gov
… only at the suppression hearing for the purpose of supporting the State's argument that Lopez's cell phone had … backseat of her vehicle that did not belong to her or her children, which she gave to police. Defendant's girlfriend … 192 N.J. 244. Relatedly, a trial judge's credibility determinations should be upheld if such determinations are …
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njcourts.gov
… path, an individual seeking nomination must obtain the support of ten-percent of the eligible voters. This … gives particular deference to a trial judge's credibility determinations. In re Trust Created by Agreement, 194 N.J. … the judge had insufficient evidence to support that determination. In particular, Spencer faults Seidman for not …
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A-1616-23 Briefs
Briefs
njcourts.gov
… 34a Certification of Ultimate Drain’s Counsel in Support of its Motion for Summary … 48a Ultimate Drain’s Statement of Material Facts in Support of its Motion for Summary Judgment … Facts ................. 63a Counsel’s Certification in Support of Plaintiff’s Opposition to Ultimate Drain’s Motion …
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A-2606-22 Briefs
Briefs
njcourts.gov
… Facts 22a Certification of Counsel for Defendant in support NEITHER e-filed NOR served Defendant’s Exhibit “A” – … sustain a judgment in favor of the non-moving party. A determination whether there exists a “genuine issue” of … for trial.” Anderson, supra, 477 U.S. at 249. Credibility determinations will continue to be made by a jury and not the …
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njcourts.gov
… about him. He argues each incident alone sufficiently supports discrimination, and "the cumulative effect of the … Dillon and Fell as "aggressive." The record does not support Dillon's contention that his coworkers corroborated … we note Dillon provided no material issues of fact to support that any individual defendant involved with his …
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njcourts.gov
… Board. Because we conclude the Board's decision was amply supported by credible evidence in the record, we affirm. I. … concluding that the difference in testing as part of a determination for the necessity of surgery "reflect[s] the … laminotomies on his operative reports. In reaching its determination, the Board relied on Quartararo's testimony that …
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A-0608-23 Briefs
Briefs
njcourts.gov
… BPU DOCKET NO: QO21020469 APPELLANT’S BRIEF AND APPENDIX IN SUPPORT OF APPEAL OF THE NEW JERSEY BOARD OF PUBLIC … (1975). Likewise, the Court is not bound by an agency’s determination of a matter, but instead must ensure that the … intention of the Legislature that the actions, decisions, determinations and rulings of the State Government with …
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njcourts.gov
… to campus, she struggled emotionally without her parents' support. At first, plaintiff did not report the incident to … out that plaintiff's testimony was uncontroverted and supported by documentary evidence, and that the … SASPA." C.R. I, 248 N.J. at 444-45. Here, the judge's determination that the sexual contact was nonconsensual is …
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njcourts.gov
… PA, JOSEPH ROCCO, ESQ., PEPPER HAMILTON, LLC, FOX ROTHSCHILD, LLP, JOHN L. SLIMM, ESQ., JEREMY J. ZACHARIAS, ESQ., … should not be dismissed because they did not need an AOM to support those causes of action. The trial court found the … The objectives of: (1) the promotion of conclusive determinations, and (2) judicial economy and efficiency, are …
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A-3367-22 Briefs
Briefs
njcourts.gov
… manslaughter instruction that is rationally supported by the evidence adduced at trial, it is an error … 229 N.J. at 129. In reviewing the evidence for facts supporting reasonable provocation, a trial court must … arrest record is a factor which may be considered in the determination of an appropriate sentence so long as the …
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A-3454-23 Briefs
Briefs
njcourts.gov
… BRIEF AND SUPPLEMENTAL APPENDIX IN SUPPORT OF APPELLANTS/ INTERESTED PARTIES’ APPEAL OF … Indus., Inc., 569 F. 2d. 737, 739 (2d Cir. 1978)). The determination of whether counsel should be disqualified is, as … directly at issue in custody case concerning the children and his concerns about his former wife). See 206 …
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njcourts.gov
… court were inclined to grant the State's application. To support its application for the lesser-included aggravated … aff'd as modified, 252 N.J. 497 (2023) (observing the determination on jury instructions is "best made in the first … the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 458; see …
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njcourts.gov
… time of trial, is the primary caregiver for two of his grandchildren. He testified he is living with chronic pain. The … a new trial because: plaintiff did not present evidence to support the existence of a dangerous condition; plaintiff … was more than a sufficient record to support the jury's determination, and we discern no basis to disturb the damages …
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njcourts.gov
… The plain words of the bribery statute, however, do not support that position. The relevant language is not limited … from the Model Penal Code, on which the law is modeled, supports that interpretation. The trial court granted … in the Model Penal Code, and found that those sources supported a broad reading of the bribery statute. Id. at …
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njcourts.gov
… testified about traffic studies and the methodologies supporting the studies in connection with the application. … by the proposed secondary access driveway, safety for children and bicyclists in the area, trash, and debris. In … decision regarding the validity of a local [B]oard's determination, 'we are bound by the same standards as was the …
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A-2057-24 Briefs
Briefs
njcourts.gov
… TO SUSTAIN EITHER HIS BURDEN OF PROOF OR THE COURT’S DETERMINATION THAT APPLICANT WAS A THREAT TO PUBLIC SAFETY, … the police chief failed to present competent evidence to support the court’s determination that Applicant was … over a trip the witness wanted to take to Florida with her children. (1T 50:21-24). While the Appellant testified that …
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A-53-24 - Respondent Brief
Briefs
njcourts.gov
… 1 FACTS SUPPORTING THE APPELLATE DIVISION’S DECISION … ii TABLE OF AUTHORITIES Cases Page Askew v. Fla. Dep’t of Children & Families, 385 So. 3d 1034 (Fla. … responsibility cannot be submitted to the jury for determination”); Jakubowski v. Minnesota Min. & Mfg., 42 N.J. …