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A-0941-22 Briefs
Briefs
njcourts.gov
… calling witnesses, and arguing appropriately to the jury to support his version of events. State v. Fort, 101 N.J. 123, … by actually weighing its credibility -- “a determination that we have consistently held is within the … to prove or disprove any fact of consequence to the determination of the action." State v. Santamaria, 236 N.J. …
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A-0307-23 Briefs
Briefs
njcourts.gov
… 26 B. No Precedent Supports The Holding That Plaintiff Needed To Present An … its administratrix Michelle Jennings, submits this brief in support of her appeal from the Law Division’s orders dated … below, the sole legal argument pursued by defendants, in support of their 2020 and 2023 motions, was that 1 This case …
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A-3265-22 Briefs
Briefs
njcourts.gov
… to the specific purpose for which it was admitted – to support the profiling theory of the case. According to the … squarely within the prescribed statutory punishment and was supported by appropriate facts and considerations. … that can be tested through the adversarial process to support the reasonableness of the suspicion that led to the …
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njcourts.gov
… on the record the right to appeal from the adverse determination of any specified pretrial motion." The … is the man in the BOLO and surveillance footage." In support, the judge pointed out that "the State [did] not … the witness's testimony or by shedding light on the determination of a disputed factual issue." Sanchez, 247 N.J. …
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njcourts.gov
… conservation restriction area, specifically those documents supporting the project's compliance with the CZM High-Rise … Weehawken." Included with the revised application were new supporting and revised documents prepared by Bohler, … 7:7-15.14) This application contains a single structure supporting two (2) towers, 14-stories in height and while …
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njcourts.gov
… argued they each failed to provide a reliable basis to support their opinions that the silicone particulate could … v. Mynster, 213 N.J. 463, 478 (2013). "Preemption determinations are reviewed de novo, as are the issues of … The sufficiency of circumstantial evidence is a factual determination. See Moraca, 66 N.J. at 458. "If the proofs …
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A-0344-24 Briefs
Briefs
njcourts.gov
… statements during the phone calls to his parents is not supported by either the facts of the case or case law. … parents. There is insufficient evidence in the record to support the conclusion that the purpose of these phone calls … (2015) (Deference should be given to the trial court for determinations made based on witness credibility). …
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A-3404-22 Briefs
Briefs
njcourts.gov
… litigation fees, were transferred to the Law Division for determination. A429, A1187. Plaintiff moved for summary … submitted a certification of attorney’s fees and costs in support of the claim (A1243). After oral argument (11T, … Mortgage and Note. A1172. Despite the Third Circuit’s determination of loan default/delinquency dating back to 1992, …
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A-3/4/5-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… a just outcome. In State v. R.D., this Court placed the determination of how to resolve allegations of juror taint … in State v. R.D., 169 N.J. 551, 557-58 (2001), placed the determination of how to resolve allegations of juror taint … valid and immediately interrogate all jurors finds no support in any jurisprudence, state or federal, on the …
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A-0893-23 Briefs
Briefs
njcourts.gov
… had transferred title of the property to the five adult children prior to their deaths but retained a life estate … to sell the Subject Property at a remarkable and unsupported price of $500,000, which was on average $118,000 … when there are genuine issues of material fact. The determination of whether there is a genuine issue with respect …
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njcourts.gov
… I A The new evidence now offered by Kiely and Marzovilla in support of their Rule 4:49-2 motion was not presented until … of court rules whenever necessary “to secure a just determination, simplicity in procedure, fairness in … 3, would certainly have been relevant to the court’s determination that Kiely and Marzovilla went behind Iler’s …
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A-3029-22 Briefs
Briefs
njcourts.gov
… 14, 2023, A-003029-22 ii II. The Evidence of Record Supports a Fact-Based Allocation of BASF’s … Opinion and Order”).1 (Pa0091-137). In support of this determination, and as discussed further below, Judge … held that the allocation of BASF’s covered damages and a determination of BASF’s entitlement to attorneys’ fees, costs, …
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A-2668-23 Briefs
Briefs
njcourts.gov
… Da 11-12 State Certification in Support of Opposition to Defendant’s Motion to Suppress, … standing where “the State failed to produce any evidence to support that point”); State v. Gibson, 218 N.J. 277, 296-99 … entitled to any special deference where it rests upon a determination as to worth, plausibility, consistency, or other …
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njcourts.gov
… . in ensuring an adequate supply of marijuana"; "community support and participation"; and "ability to provide … capricious, or unreasonable, or that it lacks fair support in the record." Circus Liquors, Inc. v. Governing … with no certification and that submitted no evidence supporting their ability to qualify in the future, or their …
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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. …
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njcourts.gov
… (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 …
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njcourts.gov
… lived, to show her the video and investigate whether her children knew anything about the incident. K.T. questioned … in the Senate race and, according to plaintiff, offered her support to others at HPD seeking to "oust" Chief Zisa … Rather, the "key to the 24 A-0631-21 absolute immunity determination" is "the underlying function that the …
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njcourts.gov
… of any such duty, as well as the evidence presented to support proximate cause in this case. Robert Friedauer and … of Christopher’s dependents, plaintiff and her two minor children. He testified that he had no reason to expect that … plaintiff presented sufficient evidence to warrant a jury determination whether defendant breached a duty to inform …
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njcourts.gov
… VIOLATION. POINT II THE LAW DIVISION ERRED IN ITS UNSUPPORTED RELIANCE UPON THE CREDIBILITY FINDINGS OF THE MUNICIPAL TRIAL COURT AND IN FAILING TO MAKE ITS OWN DETERMINATIONS AS TO THE CREDIBILITY OF TESTIMONIAL EVIDENCE … DIVISION ERRED IN ADJUDICATING [DEFENDANT] GUILTY AS THE DETERMINATION WAS AGAINST THE WEIGHT OF THE CREDIBLE EVIDENCE. …
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njcourts.gov
… years old and defendant forty-six; they share two children. In 2017, Faith and the children moved into her … to prove or disprove any fact of consequence to the determination of the action.'" Ibid. (quoting N.J.R.E. 401). … police a month to find him in Florida," without evidentiary support that the police were searching for defendant during …