Filters
- Oceanview at Avalon Condominium Assoc., Inc. v. Cornell Oceanview LLC, et al. - Unpublished Opinionsnjcourts.gov… part, that when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not … had not cited any legal authority in his moving papers to support that statement of law. To the contrary, Defendant … is denied. Defendant does not provide any other argument in support of the dismissal of such claims. Therefore, …
- njcourts.gov… Wilson died intestate in 1927, and was survived by four children named Michael Wilson, Sarah Lakritz, Gerald Wilson, … The court found 90% of the hours "were expended in support of the partition action," versus Merrick's … see Rendine v. Pantzer, 141 N.J. 292, 317 (1995) ("fee determinations by trial courts will be disturbed only on the …
- njcourts.gov… THE PLAINTIFF PROVIDED AN ADEQUATE EVIDENTIAL FOUNDATION IN SUPPORT OF SUCH CHARGE. POINT III: SINCE THE DOCTRINE OF … a thermal injury and, therefore, "the jury's final determination as to proximate cause was completely … risk was thermal injury. In light of the jury's determination defendant's deviations from accepted standards …
- njcourts.gov… the jury was able to view the recordings and make its own determination, based on competent testimony, as to whether … Schiffner testified in detail concerning the findings supporting her forensic analysis of the DNA evidence, it was … deem the inaccuracy on the verdict sheet to affect its determination based on the evidence presented and the court's …
- STATE OF NEW JERSEY VS. CRISTIAN VASILE (15-03-0499, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… five of the State's witnesses had testified." A court's determination on whether to permit a defendant to represent … record created in response to defendant's motion does not support the denial of his right to represent himself, his … it shares the same attributes of all discretionary determinations, 19 A-4676-15T4 namely, it must be accompanied …
- njcourts.gov… to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … (citation omitted) (alteration in original). To make that determination, we must examine (1) whether the agency's action … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue,' we are not bound by …
- njcourts.gov… there was nothing in the record other than Bloom's "own unsupported allegations with respect to the reasons for the … courts review questions of law de novo and the legal determinations of the trial court are not entitled to any … an adverse employment action "is one circumstance that may support an inference of a causal connection." Ibid. Here, …
- njcourts.gov… of his accident, I believe this article provides direct support for the scientific validity of the opinions I … not appropriate for any expert to rely on as scientific support for an opinion." Bell filed a motion in limine to … disfavored), certif. denied, 224 N.J. 529 (2016). To support their argument, plaintiffs have submitted materials …
- njcourts.gov… time-restricted settlement demands made in bad faith do not support a bad faith claim against an insurance carrier. … under existing New Jersey law, but such a result is also supported by the case law of other jurisdictions. CURE … complaint and documents referenced therein, do not support such a proposition. The record does not disclose — …
- STATE OF NEW JERSEY VS. CARLTON L. CLARK(13-05-1059, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… given by the judge and, further, that substantial evidence supported the jury's verdict. The parties stipulated that … request, ruling consistently with the court's prior determinations. Following completion of the State's case … defendant. Therefore, in agreeing with the trial court's determination that any expert testimony regarding the …
- njcourts.gov… quotations. In a November 23, 2015 certification in support of plaintiff's cross-motion for partial summary … any law," misstate "any fact," or make "a credibility determination." This appeal followed. II. When reviewing a … v. Albert Lifson & Sons, Inc., 17 N.J. 383, 389 (1955). Determination of whether a duty exists turns on questions of …
- njcourts.gov… in original) (internal quotation marks omitted). A determination on the admissibility of expert testimony is … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Id. at 53-54. … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. …
- State v. Marc Olivero - Published Opinionsnjcourts.gov… by this Court without deference to the trial court’s determination. In determining statutory intent, courts must … to incorporate by reference all of the issues advanced in support of his appeal to the Appellate Division. It is not … padlock, and surrounded by a fence. The Attorney General, supports the State’s position. The Attorney General argues …
- njcourts.gov… to ensure the Painting’s authenticity and value and to support Gallery 63’s full guarantee of the originality of … the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of … pretrial discovery is necessary prior to the Court’s determination. However, Plaintiffs have not even suggested …
- njcourts.gov… broad powers, N.J.S.A. 2A:23B-15, and "extends judicial support to the arbitration process subject only to limited … only alternatively explained how the arbitrator's legal determination was reasonably debatable, concluding that "the … his rationale and to promote our informed review of the determination. This he failed to do. In his written decision, …
- A-1020-19T1 Opinionnjcourts.gov… its independence from the government . . . ." In his supporting affidavit, Rahulan stated that he "did not … deference to a trial court's factual findings that are supported by substantial credible evidence in the record, 13 … "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
- A-3112-15T1 Opinionnjcourts.gov… Wilson died intestate in 1927, and was survived by four children named Michael Wilson, Sarah Lakritz, Gerald Wilson, … The court found 90% of the hours "were expended in support of the partition action," versus Merrick's … see Rendine v. Pantzer, 141 N.J. 292, 317 (1995) ("fee determinations by trial courts will be disturbed only on the …
- A-5176-17T4 Opinionnjcourts.gov… evidentiary hearing if they establish a prima facie case in support of post-conviction relief, the court determines … a defendant has presented a prima facie claim and the facts supporting the claim are outside of the trial record, the … "when the issue is solely whether an adequate factual basis supports a guilty plea, a Slater analysis is unnecessary." …
- A-1860-17T4 Opinionnjcourts.gov… resolution approving the application and remand for a new determination on the application's merits. For completeness, … capriciously, or unreasonably if its findings of fact in support of a grant or denial of a variance are not supported … Bd., 208 N.J. 95, 101 (2011)). Moreover, a board's determinations of questions of law are not entitled to …
- A-3758-19 Opinionnjcourts.gov… gave due deference to the municipal court's credibility determinations. The judge agreed with the MCJ's credibility … allowing doctors to possess syringes. The record does not support this assertion. Nor does it support the self- … boils down to a disagreement with the court's credibility determinations. We generally defer "to trial courts' …