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njcourts.gov
… 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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njcourts.gov
… 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
… 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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njcourts.gov
… award. This case presents novel issues related to the determination of class action settlement approval pursuant to … nor any other stockholder attended the hearing. Defendants support plaintiff’s motion for approval of the settlement. … class are subject to more exacting scrutiny. The key 23 determination a court must make is whether the information …
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njcourts.gov
… 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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njcourts.gov
… A-4388-18T4 16 motor vehicles." In his affidavit in support of the application for the CDW, Pagano requested … warrants and communications data warrants as well as the supporting affidavit filed in this matter to members of the … Hartley, 103 N.J. at 262. A-4388-18T4 20 The record fully supports the trial court's conclusion that Wade voluntarily …
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njcourts.gov
… morbidity”; the fact that “the numbers at Valley” did not support the “1 sarcoma in 350 operations” number suggested … at the time because Ruscitto was considering having more children and such procedures were incompatible with future … innovation and optimization of patient care. Several amici support defendants’ positions and emphasize the harm the …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… not administrative, discretion; and (3) N.J.S.A. 45:27-27 5 supports preemption since the legislative intent of the … of a "proper application" to the zoning officer to make a determination whether the proposed project complies with the … ordinance grants the zoning officer the power to make a determination to issue a permit and as such, delegates …
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njcourts.gov
… to be weighed against the potential for prejudice. In support of that standard, defendant relies on pre- … decisions and academic commentators. Defendant also finds support for his position in our Supreme Court's rejection of … request to sequester them before trial, finding no legal support for such an order. Decisions regarding witness …
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njcourts.gov
… CONSPIRACIES TO MURDER WAS, BY THE STATE'S OWN ADMISSION, UNSUPPORTED BY SUFFICIENT EVIDENCE THAT IT WAS A CONSPIRACY TO … (NOT RAISED BELOW). A. THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE CONVICTION FOR CONSPIRACY TO MURDER EDUARDO … did, cause his death. Defendant's culpability is further supported by co-defendants' testimony regarding his response …
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njcourts.gov
… obligations were "willful, deliberate, and egregious." To support his conclusion, the judge found the "2181 . . . … In doing so the judge concluded there was no authority to support plaintiffs' position. This appeal followed. On … beyond what is necessary and required for a just determination of the merits of the complaint. See Abtrax …
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njcourts.gov
… that the bulkhead was a dangerous condition is . . . not supported by the weight of the evidence. The judge also … where the verdict is based primarily on credibility determinations. Alves v. Rosenberg, 400 N.J. Super. 553, 566 … 2008) (citation omitted). However, [s]uch credibility determinations . . . may be removed from the jury's purview …
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njcourts.gov
… so vague that its impact, if any, was minimal." As further support, he relies on our recent decision in State v. … instructions," we "should give equal deference to the determination of the trial court" and reverse only when the … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
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njcourts.gov
… 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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njcourts.gov
… section two. B. The particulars of the “General Consent” In support of its motion, MEF submits a declaration of Justin … and arguably misleading. II A. MEF’s legal argument in support of its motion MEF argues that “courts routinely find … in Caspi, the court restated the standard for such a determination. “If a forum selection clause is clear in its …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… photographs, medical records, and testimony—did not support that charge given the severity of the injuries that … is entitled to a charge on all lesser included offenses supported by the evidence '[t]o give full force to the … that option. Accordingly, the record before us does not support defendant's claim that the State failed to turn over …