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… purposes of coverage. Citing the district court's opinion supporting summary judgment in the underlying action, Group … standard: [I]f, accepting as true all the evidence which supports the position of the party defending against the … faxes promoting the TFM Show to the names on the list. This supported my belief that I had permission to fax the …
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… portion of the judgment regarding the trial court's legal determination on the appropriate measure of damages for … and remand the assessment of trespass damages for a jury determination. Further, we affirm the trial court's denial of … standard: 'if, accepting as true all the evidence which supports the position of the party defending against the …
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… CASE WAS AN ABUSE OF DISCRETION WHERE IT DID NOT BASE ITS DETERMINATION ON THE RULE OF LAW. POINT II THE TRIAL COURT'S … is a 'manifest lack of inherently credible evidence to support the finding,' when there has been an 'obvious 21 … that the jury has made actual fact-findings or reached determinations of guilt or innocence,' there is a concern that …
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… cognizable under the Civil Rights Act. The record does not support a 1 The board of adjustment typically has the … granted summary judgment because the evidentiary record supported the basis for a violation of a substantive right … nothing “short of an unambiguously conferred right” will support a cause of action under the federal civil rights …
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… defendant fell asleep. Jessie then left to pick up her children from a movie and took them to another house she … four). Before trial, the State sought a preliminary determination of the admissibility of Jessie’s testimony that … not reversible error because “the jury’s verdict is amply supported by overwhelming evidence in the record.” B. …
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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. According plaintiff all reasonable and … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
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… of the detective." Defense counsel asserted no evidence supported the State's position that T.J. decided on her own … Super. 57, 67 (App. Div. 1979)). Here, the record does not support the State's contention that defendant invited any … theory that T.J. was intimidated by defendant and supported the defense position that her identification was …
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… 8 Accordingly, we need not consider whether the evidence supported a reasonable inference defendant knew his … the motion court did not err in finding there was evidence supporting plaintiff's claim that defendant owed him a duty … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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… The significance of this testimony is that it could have supported an inference that defendant and Compton had … only briefly and did not dwell upon how the evidence supported proof of either purposeful or knowing murder. She … (2) . . . there [is] a rational basis in the evidence to support a charge on that included offense." State v. Thomas, …
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… November 20, 2008, precedent was not sufficiently clear to support a conclusion that Detective Steet violated clearly … intrusion upon Brown’s constitutional privacy rights unsupported by genuine exigency to justify the action. Ibid. … immunity to be inapplicable, the panel remanded for a determination of damages against Detective Steet. Id. at …
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… with an intent only to have consensual sex with B.M. is unsupported by any evidence clearly indicating that was the … engage in consensual sex with B.M., as this contention is unsupported and contradicted by the trial record. 17 … defendant's motive, state of mind or intent." The court's determination that B.M.'s texts were admissible under N.J.R.E. …
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… holds that the trial court’s finding of inadvertence is supported by credible evidence in the record. The Court … court’s finding that the discovery was inadvertent was supported by sufficient credible evidence in the record, and … the inadvertence prong. According to the panel, the record supported the trial court’s finding that defendant’s traffic …
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… (2015). The interpretation of an insurance contract is a determination of law. Id. at 373. "We afford no special … is subject to two reasonable interpretations, the one supporting coverage will be applied. Simonetti v. Selective … Mut. Ins. Co., 128 N.J. 165, 183 (1992)). Thus, the key determination of whether the "occurrence" requirement is …
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… their home in Delaware to New Jersey. Plaintiff and her children recall that the day was rainy; plaintiff stated … Appellate Division panel reversed the trial court’s determination on the mode-of-operation rule, vacated the … concurred in part and dissented in part, finding ample support for the mode-of-operation charge in the testimony …
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… injury and other disciplines, James Raddin, Jr., M.D., supported that contention, opining that plaintiff … judge disagreed. We discern no error in the trial court's determination. In reviewing a trial court's denial of a motion … Inc., 197 N.J. 81, 129-30 (2008) (stating that use of unsupported stereotypes and innuendo can amount to plain error …
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… justify an adverse inference charge since any facts or data supporting the expert’s opinion must be disclosed in his or … or not an adverse inference should be drawn is for your determination based upon the principles that I have just set … and the Appellate Division reversed the trial court’s determination. Washington, supra, 430 N.J. Super. at 123. The …
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… “I have a bomb” and “Give me the money” was insufficient to support a finding of guilt on the first-degree robbery … judgment of acquittal by “conjuring” negative inferences to support its conclusion that a reasonable person would not … In Hutson, supra, we found the evidence insufficient to support a conviction of first-degree robbery based on the …
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… to submit while at Ancora. Sufficient evidence exists to support Gormley’s claim that defendants acted with … under the state-created-danger theory. Id. at 440. In support of that theory of constitutional liability, the … S. Ct. 1678, 14 L. Ed. 25 2d 510 (1965); the right to have children, Skinner v. Oklahoma ex rel. Williamso … Lorraine …
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… for injuries sustained in the July 5, 2007, accident. In support of his claim, James primarily relied upon N.J.S.A. … intent to retroactively apply new legislation, or the determination that a statute is clearly curative, the impact … that impact. Insurers cannot cry foul for the legislative determination to implement a mid-policy alteration for …
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njcourts.gov
… (2015). The interpretation of an insurance contract is a determination of law. Id. at 373. "We afford no special … is subject to two reasonable interpretations, the one supporting coverage will be applied. Simonetti v. Selective … Mut. Ins. Co., 128 N.J. 165, 183 (1992)). Thus, the key determination of whether the "occurrence" requirement is …