ROBERT STROUGO, on behalf of himself and all others similarly situated, v. OCEAN SHORE HOLDING CO., ROBERT PREVITI, STEVEN BRADY, CHRISTOPHER FORD, FREDERICK DALZELL, DOROTHY MCCROSSON, JOHN VAN DUYNE, SAMUEL YOUNG, and OCEANFIRST FINANCIAL CORP. - Publis
Opinions
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… award. This case presents novel issues related to the determination of class action settlement approval pursuant to … nor any other stockholder attended the hearing. Defendants support plaintiff’s motion for approval of the settlement. … class are subject to more exacting scrutiny. The key 23 determination a court must make is whether the information …
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… restriction, plaintiffs have argued that the evidence supports a finding that Condit subsequently eliminated the … “[b]are conclusions in the pleadings without factual support in tendered affidavits, will not defeat a … (1949)). 4 The case law reiterates this point—that the determination of whether there is a neighborhood scheme is a …
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… section two. B. The particulars of the “General Consent” In support of its motion, MEF submits a declaration of Justin … and arguably misleading. II A. MEF’s legal argument in support of its motion MEF argues that “courts routinely find … in Caspi, the court restated the standard for such a determination. “If a forum selection clause is clear in its …
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… are based on the certifications and exhibits submitted in support of the parties’ cross-motions. Plaintiffs Scott … damage was severe enough to require plaintiffs and their children to vacate the property for more than two years … partial summary judgment in its favor. The City seeks a determination by the court that the only issue over which the …
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… most of the “totality of the circumstances” factors support the trial court’s finding of an implied waiver, the … that defendant’s statement had an impact on the jury’s determination on the single transaction relevant to this … record may be relevant in both stages of the sentencing determination. 188 N.J. 155, 168 (2006). The trial court …
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… use control must itself be reasonable. Id. at 153. That determination is distinct, yet not entirely disentangled from, … public and to fairly provide an independent judicial determination on which other public entities may rely. The … address a local traffic safety concern alone . . . does not support a finding that the state university acted …
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… When he pushed off the wall to descend, the rope initially supported his weight, but suddenly and rapidly lost all of … on the conduct of the parties. Rather, the issue for your determination is on the condition of the products that have … is awarded sanctions. R. 4:58-3(a). “A favorable determination . . . under this rule is a money judgment . . . …
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… 142 N.J. 1 (1995), finding each of them to be neutral or in support of plaintiff’s position. The Appellate Division … disclosure. Jersey City submitted two certifications to support its position, one from its Chief of Police and a … privacy factors,1 finding each of them to be neutral or in support of plaintiff’s position. Jersey City appealed, and …
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… court's factual and credibility findings provided they are supported by sufficient credible evidence in the record." … law, 17 A-2329-21 we agree with that finding because it is supported by substantial, credible evidence. When the police … in imposing consecutive sentences. The record does not support those arguments; therefore, we affirm the sentence. …
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… on the remaining counts. FSHC filed a letter brief in support of the motions. Plaintiff opposed. On September 26, … decision regarding the validity of a local board's determination," appellate courts "are bound by the same … were arbitrary, capricious, or unreasonable." Id. at 462. Determinations on questions of law in land use matters are …
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… of the purposes of the [MLUL]. The variance therefore finds support under c(2) as the benefits outweigh any detriments. … purposes. A variance for freestanding signs clearly finds support under c(2) as that presents a better planning … the Board, the parties submitted briefs and documents in support of their respective positions. No 25 A-1989-21 …
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… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. Here, affording plaintiff all … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
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… correctly concluded that the complaint was sufficient to support a claim of design defect.”). II The Court draws the … benefits plans in a manner and to an extent require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiffs thus assert that, in seeking …
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… heard oral argument and considered the papers submitted in support of the Motion and in opposition thereto, and for … plans in a manner and to an extent as to require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiff thus asserts that, in seeking …
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… correctly concluded that the complaint was sufficient to support a claim of design defect.”). II The Court draws the … benefits plans in a manner and to an extent require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiffs thus assert that, in seeking …
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… owed a duty to provide him safe passage to its store. In support, he contends Wawa "attracted and embraced business … "absence of an alternative route" is "critical" to a duty determination. Buddy, 469 N.J. Super. at 191 (quoting Kuzmicz, … and supported by both the law and the facts. A determination that Wawa owed a duty to do more here would not …
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… and the number of meetings counsel had with defendant were supported by counsel's review of his billing records. … held, we do not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … comments. The record contains no objective evidence supporting defendant's claim trial counsel did not discuss …
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… the supplemental briefs; Appellants having filed briefs in support of certification on their own behalf). Russell J. … by N.J.S.A. 2A:53A-27, plaintiff submitted an AOM in support of the validity of her claim. Dr. Joseph Fallon … to defendants’ motion on November 24, 2020, and in support submitted a letter from Dr. Tirissa Reid, a …
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… policies like the [Zurich] policies lack any language supporting the expansion of the Appleman's rule and thus the [c]ourt is declining Chenault's unsupported request to apply the rule here. The judge further … or legal conclusions unless they are so manifestly unsupported by the competent, relevant evidence that …
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… to the alleged deviations from the standard of care. In support of his opinions, Dr. Reed cited literature regarding … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … applies to discovery extensions. See ibid. But "legal determinations based on an interpretation of our court rules" …