Filters
- A-13/14-17 Opinionnjcourts.gov… bills in excess of the elected PIP policy coverage in support of fault-based claims for economic damages against … those of the parties. 11 II. Plaintiffs, as well as their supporting amici, focus on certain language in N.J.S.A. … that, even with the related definition of economic loss,3 supports plaintiffs’ preferred interpretation. Section 12 …
- A-66-16 Opinionnjcourts.gov… its content. The court found, 2 contrary to CMH’s determination, that the report revealed plaintiff had suffered … occurred, and it determined that the trial court’s SPAE determination was in error because “an expert opinion was … whether the record contained sufficient evidence to support the trial court’s SPAE determination, the panel …
- A-49-13 Opinionnjcourts.gov… as the shooter. The witness had known defendant since childhood. Defendant, sixteen years old at the time of the … this testimony provided a sufficient factual basis to support a plea to aggravated manslaughter under N.J.S.A. … the State contends that defendant’s guilty plea was supported by an adequate factual basis. Noting that a …
- A-52-12 Opinionnjcourts.gov… Stacey married Paul in 1999, and the couple had two children. Paul and Stacey divorced in 2003. As part of a … the Family Court granted them joint 4 custody of the children and named Paul the parent of principal residence. … summation, the State contends that the record fully supported the prosecutor’s comments, that defendant did not …
- A-33-14 Opinionnjcourts.gov… of the Appellate Division affirmed the trial court’s determination. A majority of the panel agreed with the trial … court pending resolution of GEICO’s reimbursement claim. In support of its motion, GEICO argued, pursuant to N.J.S.A. … in this State involving an insured tortfeasor, the determination as to whether an insurer is legally entitled to …
- A-9-14 Opinionnjcourts.gov… of the gun “because of the utter absence of any exigency to support the warrantless vehicle search that occurred,” and … is to exhaust the consent search option prior to making a determination to seek a warrant, telephonic or in-person. (pp. … the New Jersey Constitution. Defendant’s sole argument in support of his motion, presented both in a letter brief and …
- A-3-14 Opinionnjcourts.gov… petitioner Bernice Tambascia-Folcher in 2002. Each had children from a prior marriage. A post-marital agreement … boat, pickup truck, and car were to be bequeathed to his children. In January 2006, Folcher had his attorney revise … pain medications, was wheelchair-confined, needed oxygen support, and generally relied on Bernice for his basic daily …
- A-96-13 Opinionnjcourts.gov… His other convictions are affirmed because they are supported by evidence independent of the suppressed … N.J.S.A. 2C:28-2(a); because those convictions are supported by evidence independent of the suppressed … after he first invoked his right to remain silent. In support of that argument, defendant asserts that: he was …
- A-70-18 Opinionnjcourts.gov… of fact, weighing the evidence and making credibility determinations. Rather, under the standards that govern its … material” facts in dispute that bore on any determination of the objective reasonableness of Martinez’s … inferences in favor of the nonmoving party to the extent supportable by the record,” the reasonableness of a police …
- A-68-17 Opinionnjcourts.gov… In this case, no different from other conflict cases, the determination of whether a Zoning Board member possessed a … members. Dr. Kenneth’s nephew and two nieces (Dr. Daniel’s children) -- Dr. Daniel III, Stacey A. Conte, and Jamie G. … should be approved for their project.” Anthony Barckett: “I support the Contes, yes. I believe what others have said is …
- njcourts.gov… was also no contact between Allen and Oritani that would support a special relationship. In City Check Cashing, the … 3 An Appellate Division panel reversed the trial court’s determination. It found that the ADS resolution signed by … the statute’s objectives. Accordingly, we reverse the determination of the Appellate Division, and reinstate the …
- A-44-15 Opinionnjcourts.gov… and sought reimbursement for from private parties. Far from supporting the position taken in this action, Ventron … 1991 to allow for contribution actions. Ibid. For further support, the trial court relied on Department of … claims against the State, subject to the Legislature’s determination to satisfy the adjudicated claims. Id. at …
- A-36-15 Opinionnjcourts.gov… them into public servants. Judge Palmer found additional support from federal case law in which private rescue squads … a divided three-member panel affirmed the trial court’s determination that defendant “was not a ‘public servant’ as … fundamental nature of the undertaking” -- the education of children -- is not changed when a private institution …
- A-11-15 Opinionnjcourts.gov… therefore had a constitutional basis to make the stop. To support this premise, the Attorney General refers to Officer … Accordingly, we must respect factual findings that are “supported by sufficient 12 credible evidence” at the … high-beam statute, N.J.S.A. 39:3-60, upon probable cause, supported by oath or affirmation, and particularly …
- A-2683-16T2 Opinionnjcourts.gov… others," citing N.J.S.A. 2C:44-1(d). We review sentencing determinations with a deferential standard, see State v. … and mitigating factors found by the trial judge were unsupported by the evidence, or the judge's application of the … State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is justifiable or …
- A-5023-17T1 Opinionnjcourts.gov… be delivered to the jury only when there is 'obvious record support for such [a] charge. . . .'" Ibid. (second … 119, 137 (App. Div. 2000). Our review "is limited to a determination of 'whether the findings made by the trial court … may review and modify a sentence "only when the court's determination was 'clearly mistaken.'" State v. Jabbour, 118 …
- A-4693-14T4/A-4746-14T4 Opinionnjcourts.gov… Medical Center, Simon Wiesenthal Center, Jewish Family and Children's Service of Greater Monmouth County, and B'nai … and accord "no special deference" to the judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union … write the May 2013 Trust. Rather, they argued the facts supported in accordance with the formal requirements of the …
- A-1014-14T3 Opinionnjcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (App. Div. 1997). The trial court must make a preliminary determination of whether there is independent proof of the … independent of the text messages supporting the judge's determination that a conspiracy existed and defendant …
- BER-L-7542-15 Opinionnjcourts.gov… under Section 1125(a). See id. The holding in Lexmark supports dismissal of the Defendants/Counterclaimants’ … September 2014 distributorship agreements relied upon to support the Defendants/Counterclaimants’ position that … Counterclaim fails to sufficiently plead facts necessary to support the claims asserted, and merely states a formulaic …
- ESX-C-178-13 Opinionnjcourts.gov… learned that his elderly neighbors whom he has known since childhood, the Saroldis, suffered significant damage to … a letter with seven proposed itemized withdrawals and supporting documents. On November 4, 2014, Crown Bank’s … to address Martin Jr.’s failing Greenstar loan, 10 thus supporting Defendant’s argument that the Genda loan was …