-
njcourts.gov
… noted there was nothing in the FAC alleging, let alone supporting, the "bare conclusion" that Morgan Stanley was in … test, we find no basis to disturb Judge Claypoole's determination that the action accrued when the statements were … Plaintiff's remaining arguments are rendered moot by our determination that the action was barred by the statute of …
-
njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … there are no facts outside the trial record that support . . . defendant's claims that he was denied …
-
njcourts.gov
… the public, to preserve the integrity of the bar, and to support the work of its invaluable, 900-member volunteer … library, postage, 5 See Notice to the Bar, “Supreme Court Determination on Staffing Needs for the Office of Attorney … at: https://www.njcourts.gov/notices/notice-supreme-court-determination-staffing- needs-office-of-attorney-ethics). 6 In …
-
njcourts.gov
… defendant's motion for summary judgment but rather only in support of his motion for reconsideration. But the record … a self-service counter. And, no evidence was presented to support plaintiff's argument as to what defendant's …
-
A-40-23 Reply Brief Letter
Briefs
njcourts.gov
… Brief on behalf of Plaintiff/ Appellant Linda Brehme in support of the above Petition for Certification. Respondent' … Issues Respondent has not and cannot provide any basis to support the bald conclusion that the only way to have a new … is in any event entitled and still pursue a request for a determination on appeal which would increase that sum.") 7 …
-
njcourts.gov
… to the statement was a certification from a litigation support coordinator attesting to the fact plaintiff loaned … consist[ed] of bare legal conclusions . . . entirely unsupported by affidavit or competent evidence. Even in … judgment motion and the evidence submitted by plaintiff in support of the motion because they were not raised before …
-
njcourts.gov
… a notice of 3 A-0297-22 aggravating factors intended to support a sentence of death for the three murders. After … sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State …
-
njcourts.gov
… the negligence ultimately contributed to her death. In support of the nursing negligence claims, plaintiff retained … of these three elements, the case is not sufficient for determination by the jury." Rosenberg, 352 N.J. Super. at 399. … emotional health problems, through . . . provision of care supportive to . . . well-being, and executing medical …
-
njcourts.gov
… not be retroactively excised from N.J.S.A. 2C:58-4(c). To support his position, defense counsel claimed, "the … (quoting McDonnell v. U.S., 579 U.S. 550, 576 (2016)). To support its decision that applying the severability holding …
-
njcourts.gov
… alternatively, to waive his appearance at that hearing. In support of his alternative request, defendant submitted an … at the evidentiary hearing on his motion to suppress. In support of that ruling, the trial court issued a written …
-
njcourts.gov
… Gerald Loschiavo. Plaintiff seeks 2 in this action a determination that she has an equitable ownership interest in … Lake Como property. And there is evidence that appears to support her position. For example, as already mentioned, the … has asserted.4 To summarize, the court bases its determination that plaintiff gifted $250,000 to defendants on …
-
njcourts.gov
… liability on Morgan for those fees. Our review of a final determination made following a bench trial is "subject to a … that those findings and conclusions [are] 'so manifestly unsupported by or inconsistent with the competent, relevant … 141 N.J. 292, 334-35 (1995). "[T]he trial court's determination of the lodestar amount is the most significant …
-
njcourts.gov
… States, the New Jersey Judiciary will provide additional supportive information regarding its requirements under … setting forth the proposed 7 modification and the facts to support it. Until the United States agrees to the …
-
njcourts.gov
… claim as a counterclaim in the federal action is unsupported, as an exception to the compulsory claim … of another pending action." Thus, the federal rules do not support the preclusion of Enoch's negligence action for … federal action cannot fairly be viewed as a final determination of Jean's negligence claim on the merits. 13 …
-
njcourts.gov
… contact with the criminal justice system; has a GED; two-children and a girlfriend of eleven years. He further argued … the aggravating 13 A-1277-23 or mitigating factors were not supported by credible evidence, or (3) the sentence, … the law." N.J.S.A. 2C:44–1(a)(9). The sentencing court's determination is a "qualitative assessment" of the risk of …
-
njcourts.gov
… classification, nor is that information relevant to our determination. 3 A-0447-23 appointment to the rank of … CNA, and it is the public's interest for it [to] make a determination based on a complete record. The Commission … or unreasonable, or that it lacked 8 A-0447-23 fair support in the evidence, or that it violated legislative …
-
njcourts.gov
… review, we accord no deference to the trial court's legal determinations. See McGovern v. Rutgers, 211 N.J. 94, 108 … for services, placement in residential facilities, and support for individuals with developmental disabilities. See … personal property of any person chargeable by law with the support and maintenance of the person and against whom a …
-
njcourts.gov
… to dismiss the complaint and to compel arbitration. In support of its motion, defendant submitted a copy of an … that review, we owe "no special deference" to the legal determinations of the trial court. AC Ocean Walk, 256 N.J. at … the case, we take no position on the trial court's determination of capacity. We note defendant moved to dismiss …
-
njcourts.gov
… written opinion, the PCR court found "that the documents support[ed] the State's position that the State never … claims if a defendant has presented a prima facie claim in support of" PCR. Id. at 462. "[C]ourts should view the facts … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
-
njcourts.gov
… factual findings unless convinced "they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … the stinging sensation caused by a slap is adequate to support an assault. State v. Downey, 242 N.J. Super. 367, …