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… has not established that his claims of invalidity are supported by settled law, that alteration of the present … to dismiss plaintiff's petition, arguing that it was both unsupported and untimely. On the same day, plaintiff filed an … that the special circumstances of the COVID-19 pandemic supported the Executive Orders modifying customary election …
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… the court improperly held that the law of the case doctrine supported a dismissal with prejudice. We find this argument … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … the record and the complaint supports the trial court's determination. Moreover, Lask's complaint was dismissed …
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… ABOUT INJURIES HE CLAIMED TO HAVE SUSTAINED THAT WERE NEVER SUPPORTED BY EXPERT MEDICAL EVIDENCE VIOLATED THE RULES OF … a trial court's evidentiary rulings and uphold its determinations 'absent . . . an abuse of discretion.'" Scott, … on the day of the concert—July 20, 2018—for the jury's determination if the evidence established her "motive to flee …
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… 2010, Exxon filed a cross-claim against ALMI seeking a determination that it was excused from its obligations to … 443 (2011) (noting that the doctrine finds its 20 A-3011-18 support in our State Constitution and the goal "that all … notice been given." Id. at 530 (quoting Am. Ins. v. Fairchild Indus., Inc., 56 F.3d 435, 440- 41 (2d Cir. 1995)). …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" … cards, and mail bearing defendant's name—that support the jury's verdict, but the State argued defendant's …
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… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … matters implicated in the motion, including the reasons in support of the denial, are not precluded." (citing A & P …
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… of any evidence during [t]rial by [d]efendants in support of [d]efendants' [c]ounterclaim for [q]uantum … and in the course of the litigation. It is only the determinations made by the trial judge about plaintiff's … subject of the remand, which may be completed through the determination of a properly filed summary judgment motion or …
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… severely limited the activities he can do with his wife and children. David's wife and brother also testified that … contain any blood and that nothing in the hospital records supported a conclusion of a nerve injury from the lumbar … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… that there was substantial evidence in the record to support the grant of the variance relief and the application … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
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… proofs on damages. It called several medical experts to support its theory that plaintiff was not injured in the … to credibility of the plaintiff and determine from your determination what to accept and what not to accept. The … (2003). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and …
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… abnormalities over and over and over again it just further supports the degenerative nature" of the condition. Dr. … in part, rev'd in part, 30 N.J. 485 (1959). Credibility determinations are to be made by the jury. "The courts of this … (2017). "[T]he jury is charged with making credibility determinations based on ordinary experiences of life and …
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… of the temple. That night, the rabbi, his wife, their five children (ranging in ages from seven to fifteen), the … MUST BE REVERSED. POINT II – THE RECORD DOES NOT SUPPORT THE TRIAL COURT'S LEGAL CONCLUSION THAT THE … First, the ATA has various components, including a material support provision that does not require a political …
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… composure and offered reasonable interpretations which were supported by the transcript in evidence." The court found … exclusive." The court also found that the record did not support defendant's argument that he was "mentally … overlap between the factors that govern a court's determination of whether a Miranda waiver is valid and the …
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… at 454, the Supreme Court stated that the broad test for determination of such an application is whether the evidence … telephone conversations, or other trial evidence to support the trial prosecutor's argument in summation that … evidence leads us to conclude that there is insufficient support for the proposition that Berry exercised substantial …
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… requirements of Rule 4:46-1. Bowers cites no precedent to support her interpretation of the Rule. "We apply the same … court decided all motions in limine." However, there is no support for this claim in the public record of proceedings … court "affords no special deference to the legal determinations of the trial court" (citing Manalapan Realty, …
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… Pharmaceuticals, Inc. David J. Cooner and Gita F. Rothschild, (McCarter & English LLP, attorneys) and Jay P. Mayesh … reviews the sNDA, including the data from clinical studies supporting the change, with the same degree of scrutiny as … of the manufacturers of the product in the article . . . supported by credible medical evidence.” Ibid. 14 This …
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… no basis not to apply the law of the case doctrine.” 17 In support of his argument, Wardrick cites to State v. Ellis, … to render inconsistent verdicts as long as each charge is supported by sufficient evidence in the record. According to the State, the evidence in the present case “amply supported the first-degree robbery convictions.” …
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… obstructing the criminal justice process. To make that determination, the Act directs judges to conduct an … United States in violation of federal law. 6 To make that determination, the Act directs judges to conduct an … present. The language the Legislature placed in the CJRA supports that conclusion. The key word, “appearance,” …
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… obstructing the criminal justice process. To make that determination, the Act directs judges to conduct an … United States in violation of federal law. 6 To make that determination, the Act directs judges to conduct an … present. The language the Legislature placed in the CJRA supports that conclusion. The key word, “appearance,” …
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… (App. Div. 2021). First, it affirmed the trial court’s determination that Gannett had no claim under OPRA but was … 47:1A-6, the fee-shifting provision of OPRA, does not support a fee award to a prevailing party in a claim brought … addressed in prior case law demands a far more nuanced determination than the question whether the information sought …