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… there is a manifest lack of inherently credible evidence to support the finding, when there has been an obvious … was conducted. Because the first trial resulted in a determination that plaintiff’s mother (hereinafter … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… are based on the certifications and exhibits submitted in support of the parties’ cross-motions. Plaintiffs Scott … damage was severe enough to require plaintiffs and their children to vacate the property for more than two years … partial summary judgment in its favor. The City seeks a determination by the court that the only issue over which the …
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… Lopez hearing, the Court shall also address whether equity supports deviation from that general rule. See Fox v. … of the matter;” rather, the trial court should limit its determinations to whether a genuine issue for trial exists. … hearing outside of the presence of the jury to make the determination of whether equity should preclude the statute of …
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… on information he received from Laisha does not logically support a conclusion that Laisha implicated defendant in the … that his own independent evaluation of the evidence supported his conclusion Feliciano died from a single … because it was called upon to reach an "all-or-nothing" determination on the 27 A-2321-14T4 murder charge. See State …
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… hatred towards him. We review a trial court's evidentiary determinations for abuse of discretion. State v. Harris, 209 … broad discretion in making relevance and admissibility determinations under N.J.R.E. 401, 402, and 403, which we will … the motion, finding that defendant did not present evidence supporting his claim that Everett died from cardiac arrest …
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… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … the doctor from defining the term "malingerer" in order to support his testimony that Leila was not a malingerer. It … we afford "[c]onsiderable latitude" to a trial judge's determination, "examining the decision for abuse of …
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… restriction, plaintiffs have argued that the evidence supports a finding that Condit subsequently eliminated the … “[b]are conclusions in the pleadings without factual support in tendered affidavits, will not defeat a … (1949)). 4 The case law reiterates this point—that the determination of whether there is a neighborhood scheme is a …
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… waived the argument he advances on appeal. There is no support in the record for this assertion as defendant made … conviction is based on a “weak identification” that is not supported by physical evidence. In the middle of trial, he … 407. We assess the unique facts of the case to make that determination. Allah, supra, 170 N.J. at 280. 18 B. Defendant …
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… Olde Monmouth has not made any submissions either in support of or in opposition to Scrips’s motion. 6 Scrips … public interest factors governing a forum non conveniens determination leads to the conclusion that New Jersey is the … “Subject-matter jurisdiction involves the threshold determination as to whether the court is legally authorized to …
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… by the district’s superintendent of schools, Dr. Michael Schilder. Manzur was rehired for the 2007-08 school year, … for 2008-09 and 2009-10. In a September 2009 letter, Schilder informed Manzur that only time worked in a permanent … an equitable remedy where a principal’s manifestations of support induce a third party to reasonably rely on an …
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… training for facility personnel. (pp. 28-29) 4. The record supports the trial court’s determination that the Hospital established all four of the … The Appellate Division reversed the trial court’s determination. C.A. v. Bentolila, 428 N.J. Super. 115, 122 …
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njcourts.gov
… is an Affidavit of Merit ("AOM") under N.J.S.A. 2A:53A-27, supporting claims against a licensed professional, due in … reinstate their claims against Pennoni. In that motion and supporting certification of counsel, plaintiffs asserted … and duplication of effort. Ibid. However, in making this determination, the district judge in Szemple also acknowledged …
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njcourts.gov
… in previous Accutane trials. 7 A-4698-14T1 affirmed that determination in McCarrell I, supra, A-3280-07,8 finding that … at trial, along with their affirmative evidence in support of their case. II We begin with some background as … and II, Sager, Gaghan, and Rossitto. 23 A-4698-14T1 that determination, he reviewed scientific articles, MedWatch …
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njcourts.gov
… as an expert, but as a fact witness providing factual support for Dr. Bonanni's opinion on standard of care. We … defendant maintained it related only to defendant's determination as to whether plaintiff was an appropriate … meant by the term medical clearance provided factual support for defendant's and his expert's understanding of …
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njcourts.gov
… work. After defendant and Nicholas had dinner with their children, defendant went upstairs to bed. Because Nicholas's … the jury on the included offense of death by auto. In support of this argument, defendant relies upon State v. … testified that she had received a "military disability determination." She acknowledged that she could not return to …
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njcourts.gov
… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … the doctor from defining the term "malingerer" in order to support his testimony that Leila was not a malingerer. It … we afford "[c]onsiderable latitude" to a trial judge's determination, "examining the decision for abuse of …
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njcourts.gov
… law enforcement officers, forensic experts, the victim's children, and defendant. The facts established by that … the incident would not come out in the media, causing her children to suffer from people that "don't understand the … sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser-included charge must "jump[] off the …
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njcourts.gov
… The trial judge entered the judgment based upon a jury's determination that defendants were negligent in their care of … on defendants', stating that he would make a final determination on the extent of plaintiff's medical expert's … motion to bar the doctor from testifying, plaintiff filed a supporting certification from her attorney that explained …
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njcourts.gov
… to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … its reliability." Washington now argues this finding was unsupported. A detective from the computer crimes … to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of …
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… SHOULD INVALIDATE THE PROCEEDING AND THIS BOARD APPROVAL DETERMINATION. POINT TWO THE BOARD ERRED BOTH PROCEDURALLY AND SUBSTANTIVELY IN ITS CONSIDERATION AND DETERMINATION AS TO THE NEED FOR A 10 FOOT BUFFER ON THE SITE … AND CONFIRMS THE LACK OF ADEQUATE PROOFS AND FINDINGS SUPPORTING THE BOARD ACTION. We approach the issues on …