Filters
- njcourts.gov… The opinion also addresses the pleadings filed by amici in support of plaintiffs’ motion. For the reasons set forth … for the moral and mental improvement of men, women or children, or for religious, charitable or hospital … on extensive factual findings. Id. at 466 (the court’s “determination is based substantially on a failure of the …
- njcourts.gov… or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … (App. Div.1990). A court is never bound by an agency's determination of a purely legal issue which we review de novo. … Ibid. There was nothing improper about the DEP's determination the permit application was technically complete. …
- njcourts.gov… J.T.C This formal opinion shall serve as the court’s determination of a motion filed by plaintiffs Matthew Jantzen … party who is dissatisfied with the judgment, action or determination of the county board of taxation may seek review … in the recipient address and, thus, did not necessarily support a conclusion of mail delivery. Id. at 170. However, …
- njcourts.gov… argued the cause for appellant Herbert Seif (Fox Rothschild LLP, attorneys; R. James Kravitz, of counsel and on … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … refuse to grant [Kaplan] access to the factual allegations supporting [p]laintiffs' claim. For this reason, all claims …
- njcourts.gov… defense argument because defendant did not testify to support it." According to defendant, "as in Irizarry, the … the prosecutor sought to make about the lack of evidence supporting defendant's theory of the case was a fair one, it … the trial court "properly instructed the jury that a determination of reckless manslaughter required the jury to …
- STATE OF NEW JERSEY VS. MARKIES L. WELLS (18-01-0110, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… TAYLOR'S PAT-DOWN SEARCH OF DEFENDANT'S GROIN AREA WAS NOT SUPPORTED BY FACTS WHICH INDICATED A REASONABLE NEED FOR … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … detention so that it became a de facto arrest not supported by 16 A-2335-19 probable cause. Specifically, …
- njcourts.gov… release under Rule 3:21-10(b)(2) or judicial furlough. 7 In support of defendant’s Motion for Release or Furlough, … entirely.”2 In this case, as argued by defendant, and supported by the Attorney General, under EO 124, the … the Rules of Court should be construed “to secure a just determination” and that any court rule “may be dispensed with …
- njcourts.gov… in the light most favorable to Allen, there is evidence to support all four elements of her CEPA claims under both … her for reappointment and that the Board agreed with his determination. She added that on August 7, 2014, she received … 12 Law, N.J.S.A. 19:44A-20.3 to -20.27, as statutes supporting her claims. She did not identify the provision of …
- njcourts.gov… police to respond to an ongoing emergency. In making that determination, the court noted factors such as where the … is therefore not admissible as a dying declaration. In support of his argument, defendant draws a distinction … the limitations of the Confrontation Clause. 13 Amicus ACDL supports many of defendant’s arguments and warns that …
- njcourts.gov… motion to dismiss plaintiffs’ complaint based on its determination that plaintiffs could not satisfy Rule 4:32-1’s … cohesive to warrant adjudication by representation. That determination requires an assessment of various factors, … Rule 4:32-1(a)’s numerosity requirement. That estimate is supported by the class period pled, which spanned two years …
- njcourts.gov… put Cervantes in fear of immediate bodily injury -- thus supporting a conviction for robbery, not theft -- was a … to and following defendant’s passing the note to the teller supported a finding of robbery when viewed in context. The … with ample witness testimony and documentary evidence to support the conviction, and in recognition of the …
- njcourts.gov… 2A:162-15 to -26). (pp. 14-18) 4. A number of sound reasons support the conclusion that the Legislature considered and … for a violation of pretrial release; that Williams supports their position; that they did not receive proper … the plain text of the contempt statute; that Gandhi supports its position; that defendants had adequate notice …
- njcourts.gov… on the cost of brake repairs to be asserted classwide, supported only by aggregate proofs. Plaintiff filed this … Appellate Division reversed the trial court’s post-trial determinations, reinstated the jury’s award for out-of-pocket … question of damages that remained. The trial court’s determination was firmly grounded in the trial evidence, which …
- njcourts.gov… panic attacks when she thought about the accident and saw children and staff that were also passengers on the bus. She … accrual of the claim upon a showing by way of motion and supporting affidavits that the public entity or public … and necessarily leaves it for a case-by-case determination as to whether the reasons given rise to the …
- njcourts.gov… enhance any custodial sentence in the pending DWI cases. In support of his Laurick motion, Patel filed two … three certifications in the Piscataway Municipal Court in support of his application to bar the use of his 1994 DWI … for a violation of the same statute. 18 In reaching that determination, the Court set different standards of proof for …
- njcourts.gov… curiae brief opposing plaintiffs’ amended complaint and supporting defendants’ motions to dismiss. On February 7, … had notice and the opportunity to be heard, permitting a determination -- based on observable facts -- as to whether … cut funding to school districts is not the sole basis that supports the constitutionality of the LTAA; its basis also …
- njcourts.gov… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. 7 According VRP all reasonable and … highest and best use conclusions are reasonable and supported by the record. C. Methodology “There is no single …
- njcourts.gov… The panel also offered guidance for retrial, demonstrating support for defendant’s argument that the State improperly … to prove or disprove any fact of consequence to the determination of the action. Under N.J.R.E. 402, “all relevant … to prove or disprove any fact of consequence to the determination of the action.” Relevant evidence “need not be …
- njcourts.gov… term “industry standards”, identify any industry standards supporting this blanket assertion, and fails to indicate how … to prove or disprove any fact of consequence to the determination of the action.” N.J.R.E. 401. Moreover, to be … Hospital, 91 N.J. Super. 377, 385-386 (App. Div. 1966). Determination of relevance is up to the sound discretion of …
- njcourts.gov… income, and a refund issued. Taxpayer appealed the Final Determination by timely filing a complaint with this court. 1 … by the language “[t]he following will assist in the determination of what is a regular place of business.” … principal office site in New Jersey provided nearly all support services to the sales force, including basic …