Filters
- njcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not based on a … broad discovery of the evidence the State has gathered in support of its charges.'" Ibid. (internal quotation marks …
- A-5228-18 – STATE OF NEW JERSEY VS. ELLIOT P. NOCK (15-10-3018, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… imposing an excessive sentence. Because the record does not support certain findings the court made in sentencing … to prove or disprove any fact of consequence to the determination of the action." Rose, 206 N.J. at 160 (quoting … consider the surrounding circumstances to find adequate "support that the third prong of Cofield was satisfied." …
- Case Management Order 9 Orders and Decisionsnjcourts.gov… therefore Allergan is entitled to obtain and review records supporting same. - 7 - H. Brown Greer PLC will sign a … a motion to compel with the Court or request other relief supported by law. Any response to that motion shall be filed … file a motion to compel with the Court or seek other relief supported by law. Any response to that motion shall be filed …
- A-3078-21 - STATE OF NEW JERSEY VS. FRANCISCO ARTEAGA (21-01-0035, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… testing program, including the "software's source code and supporting software development and related documentation . … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to prove or disprove [a] fact of consequence to the determination of the action[,]'" State v. Gilchrist, 381 N.J. …
- njcourts.gov… the close of discovery, B&S moved for summary judgment. In support, it contended it owed no duty to any neighboring … fire department amounts to negligence is clearly a fact determination to be made by the jury." 19 A-0160-22 As it did … 222 N.J. at 404). "Proximate cause 'requires an initial determination of cause-in-fact' . . . [which] 'requires proof …
- A-3652-19 – KENNETH HAGEL VS. KEVIN DAVENPORT, ET AL. (L-1532-14, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… told him soon thereafter to ask plaintiff for the orders supporting his military drills, which O'Connor called a new … the employer's reason will be assessed by the jury in its determination of whether the plaintiff has met the ultimate … with the prima facie case, may be legally sufficient to support the inference that the alleged discriminatory reason …
- njcourts.gov… TO FIND MITIGATING FACTORS ONE AND TWO, WHICH WERE WELL- SUPPORTED BY THE RECORD. B. RESENTENCING IS REQUIRED BECAUSE … Probable cause "requires 'a practical, common sense determination whether, given all of the circumstances, there … is entitled to appellate deference so long as that determination is supported by sufficient credible evidence in …
- njcourts.gov… standard of review for Daubert-based expert reliability determinations in criminal appeals. N.J.S.A. 39:4-50 prohibits … Finding that the record was not sufficient to make that determination, the Court asked a Special Master to conduct a … content and conclusions. He determined that they “support the State’s position that the DRE protocol has …
- njcourts.gov… As argued by the State as to motive, the four incidents support motive evidence for one another. Viewing one of the … on cars with Isaacs; and defendant encouraged Isaacs to support a false alibi. We are not convinced the similarities … by separate counts in the indictment . . . In your determination of whether the State has proven the defendant …
- njcourts.gov… their 2019 WBE certifications issued by Treasury in support of their applications. Curio did not submit a WBE … company's LLC agreement. Treasury acknowledged that its determination to uphold the certification was based on … (2023). We will not "disturb an administrative agency's determinations or findings unless there is a clear showing …
- A-48-17 Opinionnjcourts.gov… and weapons offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . … probability of changing the outcome of the probable cause determination.” For that reason, and because defendant had … N.J.S.A. 2A:162-15, -18(a)(1), -19(e)(3). To make that determination, the court can take into account all relevant …
- A-46-17 Opinionnjcourts.gov… alternative, remand the matter to the trial court for a determination of the date on which the Dimitrakopouloses’ … submitted no certification or other proof in support of their contention that they were unaware of their … 16 An appellate court reviews de novo the trial court’s determination of the motion to dismiss under Rule 4:6-2(e). …
- A-41-20 Opinionnjcourts.gov… that dicta in State v. Twiggs, 233 N.J. 513 (2018), supports his statutory interpretation of “in possession,” … on a purely legal question, however, we review that determination de novo.” Ibid. Particularly in the … physical evidence of a crime.” Id. at 521. Although that determination is not relevant to the circumstances of this …
- A-58-19 Opinionnjcourts.gov… of prong two and make additional findings of fact that support a determination that the prong has been satisfied, or not, in … is gender neutral. See N.J.S.A. 2C:14-2. 16 III. Our determination of the appropriate standard in assessing whether …
- A-53/22-19 Opinionnjcourts.gov… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …
- A-34/35-19 Opinionnjcourts.gov… is an important factor to be considered in the determination of apportionment. Otherwise, the Court affirms … presented neither evidence nor argument during trial to support 4 Although the court addressed the merits of … the safety and lives of people, old and young, women and children, locked up . . . in the coach or rail-car, …
- A-24-19 Opinionnjcourts.gov… Division’s judgment, which affirmed the liability determination but remanded for a new damages trial. 3 We now … and plaintiff did not cross-petition to challenge that determination. 12 development of securities law in New Jersey … substance and cites McCann v. Biss, 65 N.J. 301 (1974), as supporting that proposition. Plaintiff grounds his …
- A-22/53-19 Opinionnjcourts.gov… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …
- A-69-18 Opinionnjcourts.gov… damages. The New Jersey State Bar Association fully supports defendants’ position that the TCA applies to claims … plain language of the statute, we note that extrinsic aids support our conclusion. The California Tort Claims Act, on … We find his reliance on Ayers unsound and his argument in support of a new category of damages in legal malpractice …
- A-67-18 Opinionnjcourts.gov… a sufficient basis from which the jury could infer it supported the State’s case against defendant.” In light of … created through reference to the anonymous woman. In support of defendant’s position, the Public Defender adds … Gannon, when she heard screams from upstairs where her twin children were sleeping. 182 N.J. at 343. An intruder sucking …