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- njcourts.gov… juror pay to make sure that those who actually need the support will receive it. 7 Conclusion As Professor Eddie … Field Study of the Presumptively Biased: Is There Empirical Support for Excluding Convicted Felons from Jury Service, 36 …
- A-0328-15T4 Opinionnjcourts.gov… have full power to hear the dispute and make a final determination, which shall be binding on both parties. The … those hours subject only to the appropriate supervisor's determination that such access does not interfere with the … 16 A-0328-15T4 so long as the contract, as a whole, supports the arbitrator's interpretation, the award will be …
- A-4292-13T3 Opinionnjcourts.gov… the cause for respondent Forsa Construction (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, P.C., attorneys; … v. Lawson-Bell, 394 N.J. Super. 159 (App. Div. 2007), also supports the conclusion that in general a cause of action … the Association did not have all of the facts necessary to support actionable claims against defendants until the Board …
- A-2355-12 Opinionnjcourts.gov… Fid. & Guar. Co., 256 N.J. Super. 382 (App. Div. 1992), in support of its position. There, plaintiff Greentree was the … n. 5. Universal's insurance carrier, Hartford, appealed a determination that its CGL policy provided coverage, arguing … SIR/deductible is considered to be "no insurance." We find support for NJT's position in Scott v. Salerno, 297 N.J. …
- A-0961-18 Opinionnjcourts.gov… Lowes moved for reconsideration of the trial court's determination to permit the breach of contract claim to go to … affected by an action taken under the MLUL. The DOT's determination to revoke access to plaintiff's original 4 We … "[b]are conclusions in the pleadings, without factual support in tendered affidavits, will not defeat a 19 …
- A-1753-19 Opinionnjcourts.gov… and internal quotation marks omitted). The trial judge's determination will not be disturbed "unless a clear abuse of … 352 N.J. Super. 385, 403 (App. Div. 2002) ("Evidential support for an expert opinion is not limited to treatises or any type of documentary support, but may include what the witness has learned from …
- A-3279-09/A-3280-09 Opinionnjcourts.gov… ten days of receipt of a claim: (1) request additional supporting data from the claimant, (2) submit a schedule to … time requirements for making a claim for delay damages. In support of this contention, the Board cites to subsection … that the Board's challenge to the arbitrator's implied determination that SEI fulfilled its contractual notice …
- A-0049-14T2 Opinionnjcourts.gov… 3 On appeal, defendant argues the court erred in its determination that the agreement did not "clearly provide[ ] … be construed against the drafter. Plaintiff did not file a supporting certification confirming his understanding of the … is not precisely logical does not alter our view. We find support in the compulsory language used by the parties and …
- A-2460-15T4 Opinionnjcourts.gov… Jersey State Police (NJSP) (collectively defendants). In support of their motions, defendants belatedly raised the … the jury would then be required to find whether that determination was palpably unreasonable. "Whether the conduct … under all of the circumstances is a question for jury determination." Paternoster v. N.J. Dep't of Transp., 190 N.J. …
- A-0315-15T4 Opinionnjcourts.gov… to the PCR judge's factual findings, as long as they are "supported by sufficient credible evidence in the record." … in certain circumstances. In making that A-0315-15T4 13 determination, a judge should consider, among other relevant … 171 N.J. 443 (2002)). A review of additional judicial determinations provides guidance governing recusal when a …
- A-1872-19 Opinionnjcourts.gov… AS THE TRIAL COURT FAILED TO FIND A MITIGATING FACTOR SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD. In a pro se … would be helpful to the jury by shedding light on the determination of a disputed factual issue." Id. at 464. "If … comment would be based on an inference or deduction supported by other facts in evidence; (5) the clarity and …
- A-0186-18T4 Opinionnjcourts.gov… inference that the jury has affirmatively reached a determination on one or more factual or legal issues the trial … defendant does not proffer any exculpatory evidence to support his latter argument, but argues the evidence presented to the grand jury was insufficient to support its return. At oral argument, defense counsel told …
- A-2098-17T3/A-2100-17T3 Opinionnjcourts.gov… THE CHARACTER OF DEFENDANTS HANNA AND NAGUIB WERE FACTUAL DETERMINATIONS OF THE TRIAL COURT AND SENTENCING COURT. THE … aggravating and mitigating factors, and such factors are supported by sufficient credible evidence in the record. See … found that aggravating factor inapplicable. Despite that determination, and the judge's finding that application of …
- A-2312-17T2 Opinionnjcourts.gov… violated, where competent and credible evidence does not support the statutory aggravating and mitigating factors, or … finding aggravating or mitigating factors. The record supported his conclusions. The judge's thoughtful 22 …
- A-5051-17T4 Opinionnjcourts.gov… if 1) the defendant establishes a prima facie case in support of PCR, 2) the court determines there are "material … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998)). Such determinations are "best made" at an evidentiary hearing, and "[e]ven a suspicious or questionable affidavit supporting a PCR petition" may not be summarily rejected, …
- A-4169-15T4 Opinionnjcourts.gov… discretion of the trial court, and its 11 A-4169-15T4 determination will not be reversed on appeal unless there has … review, and submit to the court trial transcripts in support of defendant's motion for a new trial. Defendant … new trial, the trial court could only properly make this determination upon review of the record. Therefore, defendant …
- A-2805-14T2 Opinionnjcourts.gov… to state a claim upon which relief may be granted. To support the motion, defendants submitted the certification … on its evaluation of conflicting certifications and its determination that plaintiffs were unable to prove their … harm is the foundational "fact- specific" element in the determination of whether a duty exists. Williamson v. Waldman, …
- A-2161-15T1 Opinionnjcourts.gov… the scapula, which sits along the back shoulder and supports the shoulder blade when a person lifts his or her … as an expert and allowing him to offer opinions. The determination to admit testimony, including expert testimony, … 355 (2005)). If, however, an expert's conclusions are not supported by factual evidence or other data, such testimony …
- Case Management Order No. 16 Orders and Decisionsnjcourts.gov… Postage Charges. A contemporaneous postage log or other supporting documentation must be maintained and submitted … Photocopy. A contemporaneous photocopy log or other supporting documentation must be maintained and submitted. … agreed to and therefore will be bound by the Court's determination on a future common benefit percentage holdback, …
- Order to Exclude Evidence and Testimony regarding the amount of tension Orders and Decisionsnjcourts.govDavid W. Field (00378-1984) LOWENSTEIN SANDLER LLP 65 Livingston Avenue Roseland, New Jersey 07068 973 .597 .2500 Attorneys for Defendant LifeCell Corporation IN RE: ALLODERM® LITIGATION CASE CODE 295 MICHAEL SIMINERI and KAREN SIMINERI, h/w, .J - …