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- A-5391-18T1 Opinionnjcourts.gov… in our prior opinion, we reversed the trial court's determination to grant class certification, and accordingly … we note that plaintiff fails to cite a single case to support her apparent argument that a CFA claim may be proven … where plaintiffs failed to "present any expert evidence to support an inference of loss in value"). 23 A-5391-18T1 A …
- A-2686-18T1 Opinionnjcourts.gov… outside the record[.]" We agree with the PCR judge's determination that this claim was procedurally barred under … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also State v. Porter, …
- A-0551-17T4 Opinionnjcourts.gov… 451 (1972)). Here, the trial court's findings are amply supported by the record. In view of Anderson's testimony … 208 N.J. 208, 289 (2011). In any event, the record amply supports the trial court's determination that Anderson's out-of-court identification of …
- A-2520-17T4 Opinionnjcourts.gov… of material fact under the statute. This conclusion is supported by Goodwin. There, the Court found that N.J.S.A. … "the evidence relied 25 A-2520-17T4 upon by the State to support the . . . convictions was identical[,] [m]erger is …
- A-4391-18T1/A-4910-18T1 Opinionnjcourts.gov… that had we reached the wiretap issue, federal law would support the ready availability to law enforcement of the … the county jail recordings, there is sufficient evidence to support the indictment against Allen-Brewer, warranting …
- A-1513-19 Opinionnjcourts.gov… and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … (the need to deter defendant and others). These were amply supported by evidence in the record, including defendant's …
- A-1416-20 Opinionnjcourts.gov… objections to the alleged damages. The court detailed its determination as to which M&A fees and costs it deemed … between the breach 14 A-1416-20 of the lease and its determination of the damages. Nicoletta asserts a damage award … point to any statute, court rule, or contractual provision supporting the award of those fees, see Litton Indus., Inc. …
- A-1073-18T3 Opinionnjcourts.gov… that rises to the level of "minimum contacts" needed to support personal jurisdiction under the Due Process Clause. … a state "via the Internet or other electronic means" can support a finding of personal jurisdiction in that forum. …
- A-2650-13T3 Opinionnjcourts.gov… Norbert's interest at approximately $32.2 million. These determinations were memorialized in an order entered on … Brown, supra, 348 N.J. Super. at 483. A trial court's determination of fair value is generally reviewable only for … as the factual findings underlying its decision find the support of sufficient credible evidence in the record, the …
- A-0165-16T2 Opinionnjcourts.gov… fee but did not apply for, or submit materials in support of, an enhanced fee under Rule 1:21-7(f). Plaintiff … the settlement with the defendant, there was an apparent determination not to seek counsel fee-shifting against the … in the rule provides guidance as to the reasonableness determination of such an agreement. Here, nothing has been …
- A-3588-17T4 Opinionnjcourts.gov… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
- A-1177-17T2 Opinionnjcourts.gov… extent of plaintiff's alleged injuries and render its own determination as to the etiology of plaintiff's complaints and … a motion to reopen and extend the discovery end date. In support of the motion, plaintiff's attorney certified that … (App. Div. 2007). "Our standard of review is limited to a determination of whether the trial court mistakenly exercised …
- A-3963-17T1 Opinionnjcourts.gov… affair which a male counterpart would not. The record supported the judge's observations that such rumors might … assignment because of the relationship, and that such a determination should be made by the jury. For example, … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
- A-0222-18T1/A-0226-18T4 Opinionnjcourts.gov… defendant's explanation of excusable neglect was "wholly unsupported by evidence, vague, and barely even the 'plausible … trial attorney's] purported errors 'played a role in the determination of guilt,' and so [defendant] [could not] … the deficient representation of counsel affected 'a determination of guilt or otherwise wrought a miscarriage of …
- A-1788-18 Opinionnjcourts.gov… during which a confidential informant (CI), defendant's childhood friend, conducted ten controlled drug purchases … "there is one common denominator in all of those cases: a determination that someone was being subjected to potentially … a defendant's predisposition is shown."). Additionally, if supported by "a compelling reason," State v. Megargel, 143 …
- A-2575-18 Opinionnjcourts.gov… if "sufficient credible evidence in the record" supports those findings, because the PCR judge is better … gunshots, Hopkins's first instinct was to protect the children she was watching that day, not to look out the … defense. We shall not disturb the PCR court's determination. As the Supreme Court recognized, some trial …
- A-4196-18T1 Opinionnjcourts.gov… In our review, we "accept[] as true all the evidence which supports the position of the party defending against the … on February 19, 2019, he filed another motion seeking a determination that the documents were admissible as learned … Levin appear at trial so the trial judge could make a determination at a Rule 104 hearing as to whether the …
- A-2210-18 Opinionnjcourts.gov… We disagree. We review a trial court's evidentiary determinations for an abuse of discretion. State v. Buda, 195 … conviction occurred in 2003. 12 A-2210-18 In making this determination, pursuant to N.J.R.E. 609(b)(2), the judge "may … warrant for aggravated assault. We again disagree. In supporting his position, defendant cites to State v. Cain, …
- A-5544-18 Opinionnjcourts.gov… and borderline traits." He "f[ound no] evidence that would support the defense of diminished capacity." By all … testimony is being offered for the purpose of aiding your determination of: (1) the reasonableness of [defendant]'s use … wa]s being offered for the sole purpose of aiding [their] determination of the issues of self-defense and …
- A-4223-15T2 Opinionnjcourts.gov… inference that the issuance of a warrant by a judge supports the rendering of a guilty verdict." Ibid. The Court … unwelcome text messages, when there was no evidence to support that assertion. It is improper for the prosecution …