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njcourts.gov
… present mixed questions of law and fact, we defer to the supported factual findings of the trial court, but we review … court's interpretation of OPRA, which constitutes a legal determination."); In re A.D., 259 N.J. 337, 351 (2024) ("We . … assumption of the obligation. We upheld the trial judge's determination that "no equitable or exceptional reason" barred …
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njcourts.gov
… had occurred since the first trial judge's final order. To support her third TRO ("TRO 3"), Sydney testified she was … violence complaint, trial courts must make two distinct determinations: "[f]irst, the judge must determine whether the … denying an FRO was issued and was not appealed; (4) the determination of whether the facts and allegations prior to …
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njcourts.gov
… and procedural history relevant to our review of the fee determination are derived from the record. Decedent Emilie L. … According to Russo, Sueanne was at the house caring for children in another 6 A-1716-23 room and "was coming in and … and Sueanne involving "suspicious circumstances." In support of his claims, he argued decedent was "immobile, . . …
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njcourts.gov
… stage that the court must “appraise the testimony, make a determination of true value and fix the assessment.” Rodwood … at trial, along with testimonial evidence and any other supporting documentation. Only after the court has heard the … determine whether the expert’s conclusions are adequately supported by the facts. Plaintiff also asserts that the …
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njcourts.gov
… Association for Justice to file amici curiae briefs, which support Capri's contentions. We also granted leave to the … Insurance Association to file amici curiae briefs, which support defendants' contentions. Because our holdings and … Rule 4:6-2(e). Id. at 40. 16 A-3551-20 In reaching that determination, we noted there were "scores of federal and …
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njcourts.gov
… failed to make a sufficient showing of prejudice to support his motion for severance. Further, the State avers … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … of the trial court ." Id. at 318. In making the determination, "a court must consider the competing factors …
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njcourts.gov
… Court's own research, there does not appear to be authority supporting Defendant's position that risk purchasing groups … The disclaimer of coverage makes this matter ripe for determination by the court. For these reasons, the court finds … 101 N.J. 597 (1986). Where the policy language will support two interpretations, only one of which will support …
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njcourts.gov
… award for future medical expenses "to the highest amount supported by the evidence: [three percent] of the $414,000." … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … 569, 583 (2008)). A net opinion is "a bare conclusion unsupported by factual evidence." Creanga v. Jardal, 185 N.J. …
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njcourts.gov
… TO ANSWER SUCH QUESTIONS, AND SHE PROVIDED NO BASIS TO SUPPORT HER NET OPINIONS (not raised below). POINT III … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" Townsend v. … opinion, the expert must 'give the why and wherefore' that supports the opinion.'" Ehrlich v. Sorokin, 451 N.J. Super. …
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njcourts.gov
… and defendant married in February 2006. They have four children together, born between February 2007 and May 2015. … agree to do certain things and the [c]ourt makes a determination that the agreement in and of itself should not … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… The court stated, "the underlying circumstances . . . support the officer's reasonable and articulable suspicion … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … and distribution and not guilty of others does not support the grant of a new trial. The trial judge properly …
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A-16-24 Supplemental Reply Brief
Briefs
njcourts.gov
… place." The Appellate Division reversed the trial court's determination that there was no taking, stating: In a physical … reference to Nollan is instructive in 6 making this determination. While Nollan is one of the four "pillar" … and proposes adoption of a legal framework which has no support in the pertinent case law. 4. The New Argument …
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njcourts.gov
… even viewing plaintiffs' claim with liberality, there is no support that defendants intentionally destroyed the TMS logs … relied on materials outside the pleadings. For example, in support of its motion, plaintiff appended copies of: … plaintiff relied on materials outside the pleadings in support of its motion to amend the complaint, the court did …
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njcourts.gov
… it in part. Specifically, we concur with the court's determination that, as a matter of the law, the record … documents, including the proof-of-mailing register, clearly support the trial court's finding that NJM mailed a letter … part company, however, with the trial court's conclusive determination that NJM demonstrated its compliance with …
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njcourts.gov
… days [from] the execution of the release," and "Hagrish supports that resolution" because the release "is an … plaintiff's motion to enforce settlement "because it is not supported by Hagrish." 11 A-2948-23 Moreover, the court … it was an additional, non-negotiated term. Indeed, Hagrish supports this conclusion. There, the essential terms of that …
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A-19-24 Attorney General Amicus Curiae Brief
Briefs
njcourts.gov
… any reasonable basis in law [or] equity and could not be supported by a good faith argument for an extension, … party in a civil action, and if there is a judicial determination at any time during the proceedings or upon … an intent to exempt public entities. Id. at 442. As further support for its conclusion, the Appellate Division observed …
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njcourts.gov
… occurred because the front wheel of her rollator hit a roof support column situated in the middle of the aisle that was … McCuen opined that defendant was negligent in having a roof support column raised baseplate with protruding bolts in a … jury was allowed to consider "prejudicial and medically unsupported" evidence to find Home Depot's negligence –– …
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njcourts.gov
… summary judgment against the Estate seeking a judicial determination that the Disputed Parking Area was a limited … and the Changebridge defendants have an interest in a determination they did not breach any fiduciary duty rendering … N.J. at 529. "Bare conclusory assertions, without factual support in the record, will not defeat a meritorious …
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njcourts.gov
… of the denial of his claim and agreed with the initial determination to deny the claim. Noting that "[a]ccording to … (App. Div. 2011)). "[I]f the complaint states no claim that supports relief, and discovery will not give 13 A-0640-23 … such as when the facts are 'palpably insufficient to support a claim upon which relief can be granted' and when …
njcourts.gov
… final judgment failed to comply with Rule 4:64-2, as it was supported by certification rather than affidavit, further … He also again asserts that plaintiff's certifications in support of foreclosure failed to comply with both Rule …