-
A-16-24 Appellant Response To Amicus Brief
Briefs
njcourts.gov
… not a proposition that is in dispute or controversial. In support of the partial summary judgment motion, the … share hospitals with a charity care subsidy supported by a broad-based funding mechanism." Stated more … There is substantial case law and academic writings supporting the recognition of this common law right to …
-
njcourts.gov
… orders, and "[t]he 12 A-1962-22 undisputed facts clearly support[ed] a determination that [Brad] breached his fiduciary duty to" … were voided; the membership interests of Brad's minor children, James C.B. Conway for $70,000, Granville K. Conway …
-
njcourts.gov
… that even if the Statute of Frauds did apply, it would not support dismissal here as defendants merely create a factual … evidence, that an enforceable agreement exists. The determination as to whether the Statute of Frauds is … defendants would be asking the Court to make factual determinations at the motion to dismiss stage. Discovery is …
-
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 …
-
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
… correctly valued as a residential health care facility. In support of this allegation, plaintiffs rely upon the … are "(1) to encourage the comprehensive and conclusive determination A-2456-21 25 of a legal controversy; (2) to … remaining defendants. We also conclude, subject to any determination resulting from the remanded proceedings, it is …
-
njcourts.gov
… wore the hoodie on the night of the murder, which was supported by the now-excluded telephone and text … to prove or disprove any fact of consequence to the determination of the action." As a minimum, the videos at … are sufficiently clear to permit the jury to make this determination. The remaining videos to which defendant objects …
-
njcourts.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
… there was concern HHSI's charitable assets would be used to support for-profit entities without benefitting … should be reversed because it is contrary to law and unsupported by substantial evidence in the record. They … 383 (1982). However, we are "not bound by an agency's determination on a question of law." Garden State Check …
-
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 …
-
njcourts.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." …
-
njcourts.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 …
-
njcourts.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
… (emphases added). The change to Rule 4:19 thus does not support placing a burden on the plaintiff to justify … and by the Federal Rules of Civil Procedure likewise do not support placing the burden on the plaintiff to show special … would not perform the examination if it were recorded. In support of his position, Dr. Morgan cited the 2016 Policy 10 …
-
njcourts.gov
… whether there was a rational basis for the Commission’s determination that the wards defined by its map were … 144-56 (App. Div. 2024). It affirmed the trial court’s determinations of plaintiffs’ equal protection and NJCRA … matters “are wholly irrelevant” and could not be invoked to support population deviations “of any kind,” the Court held …
-
njcourts.gov
… reviewing all of the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the … such a reference was unrelated to the Foxworth matter. In support of this contention, Respondent argued that Mr. …
default › notices to the bar
… for handling based on similar facts or legal issues and a determination that consolidation would support expeditious or efficient case disposition. The … will include the following: Municipal Resolution of Determination of Present and Prospective Fair Share …
njcourts.gov
… prejudice, plaintiffs moved in the bankruptcy court for a determination that the malpractice action was no longer part … Stone's statement of undisputed material facts filed in support of his motion. Thus, the court considered each of … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …