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… McCann Trainor argued the cause for appellants (Fox Rothschild, LLP, attorneys; Michael J. Malinsky, Christopher C. … disagree. Our review of an administrative agency's final determination is limited. In re Adoption of Amends. to N.E., … is arbitrary, capricious[,] or unreasonable, or is not supported by substantial credible evidence in the record as …
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… that the court admitted evidence during trial that only supported the State's case regarding the conspiracy count … 18 A-0263-20 alleged "flight" to Texas because it did not support an inference of "consciousness of guilt," and …
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… 2022). We also apply de novo review to a trial court's determination on a Rule 4:6-2(e) motion to dismiss for failure … Nor does Cole v. Jersey City Med. Ctr., 215 N.J. 265 (2013) support plaintiffs' waiver argument. In that case, our … A.3d at 132 ("The holding in Rodriguez provides forceful support for the notion that [federal forum selection …
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… a diminished capacity defense at trial, N.J.S.A. 2C:4- 2, supported by the testimony of his expert witness. … credited those instructions. Because the motion record supports the judge's findings, Wright, 444 N.J. Super. at …
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… was trespassing on the property. Both those findings are supported by substantial credible evidence. Consequently, … To the extent that Johnson, Ford, or Wilson can be read to support an argument concerning diminished privacy …
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… of the statement given to the court by Belluscio in support of the search warrant application. Defendant also … substantial, and 16 A-1968-19 the verdict may find strong support in the record; that matters not." Ibid. See State v. …
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… Findings that [Defendant] is Likely to Recidivate Was Unsupported By the Record. [(Partially raised below).] (i) The … to Find Mitigating Factors Eight and Nine Was Otherwise Unsupported. C. The Resentencing Court Erred in Finding and … defendant's conduct was excusable based on the jury's determination that his "conduct was knowing [and] purposeful." …
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… supermarkets strongly opposed the measure. The bill had the support of environmental groups. A bottle bill was … interpretation is not countervailing, but rather supportive of the legislation. To deem manufacturers as …
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… explains that in the event of an adverse benefit determination, the member is afforded rights of appeal through … was not for the Courts "to second-guess that legislative determination." Id. at *9: Accordingly, this court lacks … out-of-network doctors." See Pl.'s Compl. ,i,i 5-9. To support the bad faith claim, plaintiff alleges that …
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… be made available for public inspection. The core principle supporting open court records is transparency – allowing the … this backdrop that the court decides plaintiffs' motion. In support of their request to seal portions of the record, … in making the mathematical calculations and analytical determinations necessary to conclude a true market value of …
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… for PTI and included a statement of compelling reasons supporting his admission. The prosecutor rejected … trial court, which refused to disturb the prosecutor’s determination. Defendant then entered a guilty plea to … reflects the CDRA’s policy “to afford special protection to children from the perils of drug trafficking, to ensure that …
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… and his appendix does not contain any documents filed in support or in opposition to the summary judgment motion. We … DBP for CCC while the underlying litigation was pending. In support of count three, plaintiff alleged that defendants … judgment and, as noted, he never appealed from that determination. Affirmed. … GARY REINERT VS. ANDREW INDECK, …
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… nurses, and the patient advocate, and sent letters in support of his requests to various NSP personnel. A "sick … R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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… Weaver’s Arguments Defendants Tassev, Levine, and Weaver support the arguments made by Ocean Coast and similarly … retain the cause for all purposes, and proceed to a final determination of the entire controversy and, except where the … of leaving only purely legal issues remaining for determination. . . .”). An equitable cause of action “draws …
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… a hearing. Defendant does not challenge the court's determination on that issue on appeal. 13 A-1378-16T1 … the merits 15 A-1378-16T1 of defendant's arguments in support of his assertion that the court erred by denying his … conflicting information concerning the dates pertinent to determination of the credits.8 If the court on 7 For the …
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… acquisition negotiations in a Federal Project and/or determination of the fair market value of the property rights … grounds collectively invoked by the Borough and the DEP supporting their non-disclosure of the draft appraisals. … to acquire the property would be through litigation. To support such litigation, the government had the subject …
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… 99 (App. Div. 2006). In addition, a trial court's factual determination on a speedy trial issue "should not be … maintains his sentence was excessive, but the record supports the findings challenged on appeal. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
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… Ed. 2d 241 (2016). We defer to the trial court's findings supported by sufficient credible evidence in the record, … them." State v. W.B., 205 N.J. 588, 602 n.3 (2011). The determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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… Thus, Kearny cannot rely upon N.J.S.A. §2C:21-36 to support the Amended Ordinance requiring compliance when … and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly …
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… as mortgagee foreclosing on a mortgage. Specifically, in support of this proposition, defendant cites to N.J.S.A. … which was held while the instant motion was pending. In support of this proposition, defendant cites Caput Mortuum, …