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njcourts.gov
… us to reverse, contending the PCR judge's findings are not supported by the record. Having considered the record … 621-22. The PCR judge concluded defendant's claims were unsupported and contrary to the record. Id. at 622. Defendant … defendant's assertions against plea counsel [we]re now supported by the sworn statements of that same attorney," an …
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njcourts.gov
… of res judicata because the judge failed to make a "determination . . . with respect to the alleged … merits of their claims and, therefore, res judicata did not support dismissal of the third action. "'[T]he doctrine of … second action, we are satisfied the judge's 12 A-2336-20 determination constituted a final determination on the merits. …
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njcourts.gov
… of January 16, 2018. I. Our scope of review of an agency determination is limited to whether the agency's decision was "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … Prison, 81 N.J. 571, 579-80 (1980)). This includes a determination of whether the agency has followed the law; …
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njcourts.gov
… the motion and cross-moved for summary judgment. She supported her cross-motion with her certification, in which … counsel contended that newly-obtained testimony would support causes of action based on a breach of fiduciary duty … as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… AND THE COURT DID NOT MAKE SUFFICIENT FACTUAL FINDINGS TO SUPPORT CLOSURE. 1. THE VAGUE AND UNSUPPORTED ASSERTION THAT CLOSURE WAS NECESSARY TO PROTECT … (IT APPLIED THE WRONG TEST) OR MAKE FINDINGS ADEQUATE TO SUPPORT CLOSURE. B. THIS COURT SHOULD NOT APPLY THE …
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njcourts.gov
… the FELA for wrongful death and/or survival actions." In support of her case, plaintiff retained two experts. She … capable of causing lung cancer in humans." He makes that determination "by performing a literature search and … 400, 413 (2016)). We review de novo a trial judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union …
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njcourts.gov
… opening statement that defendant was going to testify. In support, defendant submitted a 2018 certification in which … [defendant's] convictions could only be considered in the determination of [defendant's] credibility or believability of … the evidence on possession anew[] and make an independent determination as to whether the State proved the element …
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njcourts.gov
… ignored the Pinelands Commission's (the Commission) determination that Jaylin's proposed development is … exceptional resource value. DEP subsequently amended its determination to consider all the property's wetlands to be of … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." …
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njcourts.gov
… at a public hearing conducted on September 9, 2020. To support its proposal, the applicant presented 4 A-1135-21 … beneficial uses" and concluded that the Board's determination that the applicant's proposal satisfied both the … a more substantive basis for the typically conclusory determination that the variance 'will not substantially impair …
njcourts.gov
… relied exclusively on the policy's terms and conditions to support their respective positions. After considering their … establish the "limits of exposure" for the BCL coverage. In support, the court specifically relied on the clear and … interpretation of an insurance policy's terms is a legal determination, not a factual inquiry, and is accordingly …
njcourts.gov
… sought by Prudent, the court found "no legal or factual support for the proposition that any debt owed by i5 to … the court again cited Bethlehem Steel Corp. for its determination legal expenses were a "loss" encompassed in the … to prove or disprove any fact of consequence to the determination of the action.'" Hrymoc v. Ethicon, Inc., 254 …
njcourts.gov
… Further, plaintiff contends the submissions filed by ESS in support of its motion "were insufficient." Additionally, … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … collateral estoppel does not apply because "there was no determination made upon the merits" of his Antitrust Act claim …
njcourts.gov
… other [hypothetical facts] that perhaps could have helped support the fact that [the blue liquid] was ammonia. But not … are a lot of other things that perhaps could have helped support the fact that [the blue liquid] was ammonia. But not … "[p]roximate cause may . . . be removed from the jury's determination if causation depends on the validity of an …
njcourts.gov
… However, none of the individuals submitted an affidavit in support of defendant's PCR contention. Further, two of the … raised the issues in his self-represented brief in support of the petition. As the judge explained, Rule 3:22-5 … offer. The PCR judge concluded defendant's argument lacked "support in the record." The judge specifically found the …
njcourts.gov
… presented their arguments. Defendant raised two points supporting his motion to suppress. First, he contended that … that "there was insufficient evidence presented to make a determination as to whether such a violation of the [F]ourth … 3:3- 1(b)(2). 12 A-3573-24 We part ways with the court's determination that insufficient evidence supported O'Grady's …
njcourts.gov
… and simultaneously filed a motion for summary judgment. In support of its motion, defendant relied on a certification … headquarters building on August 26, 2022. Defendant's supporting statement of undisputed material facts stated: 1. … [the] location of [the] accident in [the] complaint." In a supporting certification, plaintiff's counsel stated, "[t]he …
njcourts.gov
… Within his brief, plaintiff does assert that his claim was supportable under subsection c(1) as well as subsection c(3) … A-4214-09T2 9 A plaintiff "must set forth facts that would support an objectively reasonable belief that a violation … of New Jersey's law and public policy. This position is supported by N.J.A.C. 4A:3-3.4, which states: No person …
njcourts.gov
… when he was at plaintiff's home on June 25. As further support for her findings regarding defendant's demeanor … the evidence is testimonial and implicates credibility determinations. Id. at 412 (quoting In re Return of Weapons to … found plaintiff, a single mother who lived with her three children, feared defendant would cause her harm after …
njcourts.gov
… to reinstate and amend the counterclaim. The motion was supported by certifications from Peterson and two other … the motion opposition papers were due in February 2011. In support of that assertion, he presented a medical record … also argued that Peterson produced no documentary proof to support his counterclaim. In a reply certification, Peterson …
njcourts.gov
… judge to provide findings of fact and conclusions of law supporting his determination that Darwin had a duty to defend and indemnify … awarding fees and cost only where the motion judge's determination amounted to a clear abuse of discretion. Here, …