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… for consent to search made during a motor vehicle stop be supported by "reasonable and articulable suspicion to … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … We hold the court erred in reaching that legal determination. We defer to the factual findings made by the …
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… subsequently moved to dismiss the appeal as time-barred. In support, it argued Nicole-Kirstie's appeal actually sought … purpose of making what amounts to its final agency action determination." We denied NJDEP's motion on June 14, 2022, … agency decision must explain the specific reasons for its determination." In re Orban/Square Props., LLC, 461 N.J. …
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… The court first found that plaintiffs had "not provided any support" for the contention that the Cranbury Circle was a … condition of the property itself[,] and [that] lack of support [was] fatal to [plaintiffs'] claim." The court also …
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… for speedy trial or in the alternative, a dismissal. In support of the motion, defendant certified that "[o]n or … and from there defendant would "have to make one final determination as to whether or not [he] want[ed] to enter into … recognizing our deference to the PCR judge's credibility determinations, we accept his finding that trial counsel's …
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… without diagnosing the cause of her severe pain. In support of their claims against both doctors, plaintiffs … not involved in this appeal. After Cottrell's passing, her children Bonnie and LeTrent filed an amended complaint, … he failed to order new MRI scans. Dr. Holtzberg offers no support for his "bare conclusory assertion[]" that as a pain …
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… for PCR, alleging ineffective assistance of counsel. In support of the petition, defendant submitted a certification … of his alibi testimony. 16 A-2745-22 These factors also support the trial court's determination that testimony by Vascell and Vinchel would not …
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… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … Alkesh's independent third-party evaluation. Since the determination was made by the arbitrator, the Chancery court, …
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… 2023, the court entered an order granting summary judgment supported by a supplemental written opinion. In its January … N.J. at 24 11 A-2489-22 (quoting Bhagat, 217 N.J. at 38). Determinations of credibility are "to be made by a jury and … version, the resolution of that conflict requires a determination of which version is more credible. Such a …
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… of New Jersey, Inc., to file an amicus curiae brief, which supports UPC's contentions. After our review in light of … 138 N.J. at 314. Thus, when a contracting agency makes a determination regarding a bid's conformity with an … made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal …
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… arrest, Detective Charles Mackafee, as well as defendant's children and his girlfriend. Defendant's girlfriend's … went to the basement area of the home to retrieve her children. The judge also credited Detective Cole's testimony … (citations omitted). A defendant's IAC claims "must be supported by 'specific facts and evidence supporting [the …
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… The second report, dated February 4, 2021, was submitted in support of plaintiffs' motion for reconsideration. 3 The … both LLC's, plaintiff has not offered any facts that would support a finding that Mercer Street LLC should have known, …
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… ensure that the City was dealing with the matter fairly. In support of that contention, Palmer Center cited to F.M.C. … 746 (1989)). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a …
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… (Rick)1 on September 10, 2011. Petitioner did not have any children with Rick, but she had one adult daughter from a … JUSTICE AND PUBLIC POLICY. A. Reversing the Board's Final Determination Would Serve the Policy of the Law. B. Reversing … Teachers' Pension & Annuity Fund, 116 N.J. 564 (1989), in support of her arguments. In short, petitioner contends the …
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… of his injury." The expert, however, offered no facts to support his opinion, 14 A-1841-21 stating only that "[s]eams … nor operated or point to any facts in the motion record to support his opinion that ABL failed to 17 A-1841-21 "educate … a claim may not be satisfied by an expert opinion that is unsupported by the factual record."). The point requires no …
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… defendant's arrest to the start of the trial along with supporting documentary evidence. Defendant filed a brief. … factors 10 A-3756-21 is not conclusive of the ultimate determination of whether the right has been violated." Id. at … (App. Div. 2002). "We reverse only if the [trial] court's determination is clearly erroneous." Tsetsekas, 411 N.J. …
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… deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … v. Pierre, 221 N.J. 36, 52 (2015). "As a discovery determination, a trial court's grant or denial of a motion to …
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… We therefore summarize only those facts pertinent to our determination of the legal issues before us. Plaintiff entered … "Nonetheless, if the complaint states no claim that supports relief, and discovery will not give rise to such a … with prejudice, the federal court made any substantive determination of the merits of plaintiff's case. In another …
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… gifts and maintain[] an advisory role at the school in support of the 4 A-3895-23 University." N.J.S.A. … In its oral decision, the trial court made three determinations based on the papers and without an evidentiary … matter, we conclude that the interests of justice do not support enlarging the limitations period. The mitigating …
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… from work, claiming his job impacted his wife and young children because "he was repeatedly called away from his … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence" in the record as a whole. …
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… Will directed an equal division of his estate to his four children; it didn’t provide for Deborah. 1 Consequently, … our case law. This case first requires the court’s legal determinations about where to place the burden of introducing … Act”) declares that any party who asserts a claim “that is supported by oral testimony of a promise, statement, or act …