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… a reasonable doubt, but rather, the evidence admitted in support of this defense should … produce in your mind a firm … a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm …
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… whether the facts and circumstances shown by the evidence support an inference and you are always free to draw or not … whether the facts and circumstances shown by the evidence support an inference and you are always free to draw or not …
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… by filing the instant case with the Tax Court seeking a determination that NWAC is entitled to an exemption from the … Director. N.J.S.A. 40:55D-8.6(b). The Director’s final determination may then be appealed to the Tax Court, which … funds, not the State. Additionally, much of the evidence to support the NRDF’s justification (i.e., property records, …
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… administrative conference and the Director issued a Final Determination upholding the liability with additional accrued … a timely complaint in this court challenging the Final Determination, then moved for summary judgment in which he … posits that reading I.R.C. 3401(a) and (c) together supports the conclusion that he did not receive “wages” 5 …
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… Court to employ a patient and steady approach with the determination of Defendants qualified immunity status is … Further, Plaintiff has not provided well-pleaded facts or support to demonstrate what constitutional rights it is even … attach without piercing of the corporate veil or a legal determination disregarding the corporate form. State, Dept. of …
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… which surely would not follow if he were making findings in support of a 10.31% increase rate. Perhaps most notably, in … favor is unwarranted based on the lack of any real support that this number constitutes a “reasonable forecast” …
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… to dismiss an employee for filing a complaint that is not supported by an objectively reasonable basis. [Id. at … is pretextual." Id. at 39. Plaintiff admitted the facts supporting the hearing officer's other basis for discipline. …
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… (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in 8 A-5363-16T4 … judgment in forgoing a Wade hearing before each trial is supported by substantial credible evidence in the record. By …
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… at 167). We need not defer to the trial court's legal determinations, which we review de novo. Davidovich, 446 N.J. … there was insufficient evidence before the trial court to support the conclusion that dog groomers assume the risk of … a dog was an attempt to prevent a dog bite[.]" The record supports the judge's decision. The judge correctly found …
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… gastric carcinoma. Pelle, who was unmarried and had no children, lived with her parents. Turning to the litigation, … and funeral expenses . The judge cited to no law or fact in support of his decision to dismiss the wrongful death claim … He cited cases involving damages for a shortened life in support of his decision. Those cases were inapposite; …
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… The court "refuse[d] to entertain speculations unsupported by evidence." With defendants' answer stricken by … here and defendants have not presented any evidence to support or corroborate these contentions. We agree with the … bank could not mortgage a leased property, but this is not supported by the 2005 mortgage. It provided that "[i]f this …
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… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …
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… lacks persuasion. We therefore affirm the motion court's determination that defendant did not have constructive notice … light the stairway was a statutory violation and evidence supporting negligence, the judge found the plaintiff's … off the rail, 11 A-4684-16T3 finding the record failed to support such happenings, and declining to assign the …
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… the Superior Court pursuant to N.J.S.A. 2B:12-17.2(a). In support of her motion, defendant produced medical records … that case, Vitale carelessly drove his car and struck two children who died from their injuries. Id. at 411. After the … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary …
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… The issues involving Applied are not relevant to our determination in this case, especially in light of Applied's … argues on appeal that "[c]ontrary to the trial court's determination, Your Way's bid was . . . fatally defective by … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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… her distress did not rise to the level required to support a claim for emotional distress. Id. at 280. We … that her emotional distress was of the severity required to support a claim against defendants for 13 A-0200-16T2 …
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… 205 N.J. 150, 169 (2011) (explaining that "[f]inal determinations made by the trial court sitting in a non-jury … is whether there was substantial credible evidence to support the damages and counsel fees set forth in the … 21 (App Div. 1989)), we discern no error in the judge's determination of reduced value. Secondly, the trial court …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … dispute that their malpractice claim against Botton is unsupported by expert testimony. Instead, they contend their … they subsequently failed to serve an expert report to support their claim that Botton acted improperly.5 …
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… 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … is sufficient credible evidence to support the Board's determination that Williams' disability was not the direct …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … The judge concluded that exigent circumstances existed to support a warrantless search of defendant's person based on … contraband. We discern no error in the motion judge's determination that the officer "had no practical opportunity …