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… in conflict; by rejecting its argument that RETA and its supporting regulations are in conflict; by improperly … party[,]" and "accept as true all the evidence which supports the position of the party defending against the … defendant contends the Court's reasoning in Sun Chemical supports preemption of the CFA, where, as is the case here, …
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… evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … also State v. Brunson, 132 N.J. 377, 393-94 (1993). "The determination of whether the State sufficiently established … to the discretion of the trial judge, and his [or her] determination will not be overturned in the absence of a …
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… A.P., testified that she visited defendant with her children the weekend of June 22, 2018, through June 24, … any knowledge, data, personal experience, or training to support that radius," thus resulting in a net opinion. 28 … of discretion. State v. Garcia, 245 N.J. at 430. Such a determination "will only be reversed for manifest error and …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… 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 …
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… their 2019 WBE certifications issued by Treasury in support of their applications. Curio did not submit a WBE … company's LLC agreement. Treasury acknowledged that its determination to uphold the certification was based on … (2023). We will not "disturb an administrative agency's determinations or findings unless there is a clear showing …
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… findings and will uphold those findings when they are supported by sufficient, credible evidence in the record. … not voluntarily and knowingly given. The record does not support that argument. Read in full context, defendant was … video with your investigation, were you able to make a determination as to an identification here? A Yes. Q And who …
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… Hopkins testified there were "sampling protocols" that supported lead testing "when looking for gasoline [in] … might be the case. Without detailing the methodology supporting the survey, Hopkins explained that the survey … testimony could and would be used only as relevant to a determination of Hopkins's qualifications and methodology. 30 …
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… "The scope of review of an administrative agency determination is limited." Del. Riverkeeper Network v. N.J. … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … a permitting decision by the [DEP] is a quasi-judicial determination," though, "reasoned fact-finding is essential." …
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… with public policy. And more specific legal developments support the validity of the exclusions here. After the Court … But courts cannot “engage in a strained construction to support the imposition of liability or write a better policy … with public policy. And more specific legal developments support the validity of the exclusions here. In two …
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… 11:00 p.m. on July 19, 2014, two employees of a children's store, M.D.3 and M.W., left the business after it … We accept those findings of the trial court that are "supported by sufficient credible evidence in 17 A-3528-16T3 … discussed, considered a number of factors in reaching its determination that the proposed identifications were …
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… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (1964)).] We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … blurt out" and was therefore admissible. This determination was reasonable, as illustrated in State v. …
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… action against Allen. Further, there is no evidence to support the assertion [that] Fromosky violated the … during work hours and . . . on a [T]ownship computer." To support those claims, Buzby attached a copy of the email … and application of the Tort Claims Act (TCA) is a legal determination that we review de novo. See Jones v. Morey's …
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… Brewer and Gannon were decedent Leokadia Jenson's only children. Decedent suffered from physical infirmities, … charity." The judge concluded Brewer's theory and the supporting facts "remain tenuous and require great logical … untimely. Our standard of review is deferential. "[F]ee determinations by trial courts will be disturbed only on the …
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… 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 …
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… funeral expenses, and to make certain payments to her children. Both Delores and Thomas testified, however, that … Utilizing an abuse of discretion standard for evidentiary determinations, we find none. The record reflects the State … that his convictions of the theft charges were not supported by the evidence because the State failed to …
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… if those were the submissions upon which he relied in support of his arguments. Defendant did not respond directly … defendant to address the factors relevant to its determination in accordance with our Supreme Court 's decision … evaluation, Your Honor. The court also explained that its determination defendant could not represent himself at trial …