njcourts.gov
… 116 N.J. at 746. "[I]f the complaint states no claim that supports relief, and discovery will not give rise to such a … of this state."). We concur with the motion judge's determination that defendant's use of a letter vendor was not … 114 (App. Div. 2009). We agree with the motion judge's determination plaintiff's complaint failed to state a claim …
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njcourts.gov
… or have it declared void ab initio. In his certification in support of KAP's motion, Pascarella claimed that, because … deference on appeal, and cannot be overturned if supported by adequate, substantial and credible evidence. … Here, the trial court's factual findings are clearly supported by the evidence. Thus, we cannot disturb the trial …
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njcourts.gov
… We add only the following brief comments. We find no support in the record for defendants' claim that Yellow Book … agreement. The brief exchange cited by defendants does not support that claim: [DEFENDANTS' COUNSEL]: So that brings me … assure payment alongside of the customer. There was ample support in the record for Judge Morgan's conclusion that the …
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njcourts.gov
… used for cars. 3 A-0034-21 In John Ketner's certification supporting defendants' motion, he stated the man-door was … light was installed. Plaintiff presented a certification in support of her cross-motion. She stated all of the … findings will be binding on appeal so long as they are supported by "adequate, substantial, credible evidence." …
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njcourts.gov
… point does not carry the day. No case or rule is cited in support of the proposition. A judge has an obligation to … prepared the case, failed to submit a legal argument to support [plaintiff's] . . . claim and misrepresented the … In other words, specific expert testimony was not needed to support the allegation that the attorney did not work on …
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njcourts.gov
… located, the country of India, under Rule 4:3-2(a)(1). To support this conclusion, the court made only the following … that were not only outside the pleadings, but were also not supported by certifications or affidavits. Thus, rather than … defendants' motion to dismiss and relying upon these unsupported factual claims, the trial court should have …
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njcourts.gov
David W. Field (00378-1984) LOWENSTEIN SANDLER LLP 65 Livingston Avenue Roseland, New Jersey 07068 973.597.2500 Attorneys for Defendant LifeCell Corporation IN RE: ALLODERM® LITIGATION CASE CODE 295 MICHAEL SIMINERI and KAREN SIMINERI, h/w, Plaintiffs, V. …
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njcourts.gov
… but asserted they never planted trees on their property. In support of their opposition to the motion, plaintiffs … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … claim. To prove a negligence claim, a plaintiff must support each of four elements with "some competent proof," …
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njcourts.gov
… a PCR "petition itself must allege the facts relied on to support the claim"); State v. Cann, 342 N.J. Super. 93, … claim excusable neglect, or allege the facts relied on to support that claim."), certif. denied, 170 N.J. 208 (2001). … 105 N.J. 42, 58 (1987) (adopting Strickland standard for determination of PCR petitions alleging ineffective assistance …
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njcourts.gov
… Chief he was suffering from double pneumonia and supplied a supporting doctor's note. The Chief approved the transfer … did not provide any documentation or expert testimony to support these claims. Defendant subsequently filed a motion … to . . . [d]efendant's motion for summary judgment to support his claim of lost overtime. Plaintiff has no expert …
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njcourts.gov
… derive the following facts from the evidence submitted in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … and remanded the case for a more-detailed factual determination of the use of the property and the nature of the …
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njcourts.gov
… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of … of Need, 194 N.J. 413, 422 (2008). "Where . . . the determination is founded upon sufficient credible evidence …
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njcourts.gov
… did not provide any documentation to Judge Wigler to support his assertion that he was mistaken about his … entered into is entitled to deference so long as that determination is supported by sufficient credible evidence in the record. …
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njcourts.gov
… 422 (2017). POINT II THE [MOTION JUDGE'S] RULING IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD. … in the cases cited in defendant's merits brief in support of his argument faced similar lengthy parole … Miller decision, and the other cases cited by defendant in support of his reconsideration motion, do not mandate …
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njcourts.gov
… the DOC's Institutional Classification Committee's (ICC) determination of his objective classification score (OCS) … must not be arbitrary, capricious or unreasonable, or unsupported by credible evidence in the record. Henry v. … 192 N.J. 19, 27–28 (2007)). Our review of agency determinations "is guided by three major inquiries: (1) …
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njcourts.gov
… responses to defendants' statement of material facts in support of their motion, omitting those facts plaintiff … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … the motion court's terse oral decision the bases for its determination to grant defendants' motion. The court failed to …
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njcourts.gov
… assigned 5 A-1002-18T1 attorneys, received draft briefs in support of the new trial motion for review and comment. In … JCHC failed to demonstrate any genuine disputed facts to support its claim that Mesa breached or abandoned its duty … to perform legal work. The emails upon which JCHC rely in support of this argument were directed to multiple …
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njcourts.gov
… it is arbitrary, capricious[,] or unreasonable or not supported by substantial credible evidence in the record." … evidence as a reasonable mind might accept as adequate to support a conclusion.'" Figueroa, 414 N.J. Super. at 192 … Co., 35 N.J. 358, 376 (1961)). Further, when reviewing a determination of the NJDOC in a matter involving prisoner …
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njcourts.gov
… responsible for the shipping costs, and there are no facts supporting an equitable estoppel. I. This appeal arises out … liability for payment of freight charges, there is no support for the proposition that a contract with a broker, … credit regulations). Here, there are no facts to support an equitable estoppel against Direct and Selective. …
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njcourts.gov
… (Board) decisions dismissing her appeal. A June 14, 2016 determination found that she was ineligible for unemployment … inability to fully understand the June 14, 2016 determination sent to her, based on her limited English … 95 N.J. 235, 245 (1984). "If substantial credible evidence supports an agency's conclusion, a court may not substitute …