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… for PSE&G from 1957 to 1980. Plaintiffs' allegations are supported by an expert opinion that Donald died from … for the court to decide." Robinson, 217 N.J. at 208. "The determination of the existence of a duty of care to avoid harm … in many cases a duty of care can arise simply from the determination of the foreseeability of harm, usually 'more is …
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… not "mount a bayonet . . . to the firearm when making a determination as to whether the firearm ha[d] that feature" … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … during the forfeiture hearings. Moreover, the judge's determination that petitioners' weapons were "substantially …
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njcourts.gov
… at 281. Moreover, a "failure to investigate will not alone support" recklessness. Ibid. As to demonstrating there was … Herskowitz. This argument lacks merit. 25 A-1312-21 The determination "of a motion to amend a pleading is generally …
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… is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable.” 135 … change would be granted.” Id. at 119. That substantive determination of probability must account for “the standard … evidence and admitting only evidence that would warrant or support a finding that a zoning change is probable.”). …
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njcourts.gov
… 230 N.J. at 170 (citing N.J.S.A. 2A:15-5.2(d)). In support of his motion, Fernandez likened his right to … this Court affords no special deference to the legal determinations of the trial court.” Cypress Point Condo. … (“Absent factual questions, this Court reviews legal determinations de novo.”). IV. The legal question before us is …
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… was reached in the Wears' litigation. In reaching the determination on Selective's obligation to defend, the judge … for "bad faith" or failure to defend against Selective. In support of their motion, the Wears provided an expert report … of injury, separate and apart from mold. The judge's determination that Selective had a duty to defend was decided …
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… law enforcement, or the State moved for a voluntariness determination. 9 A-5586-17 signed a Miranda card, indicating … Div.), certif. granted, 246 N.J. 146 (2021), to further support his belated argument. The State filed a responding … Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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… who entered the cab. Nicolas knew one, J.N., since J.N.'s childhood. Nicolas recognized the other, later identified as … of Nicolas, but rather summarized the strong evidence supporting conviction and the inconsistencies in defendant's … to prove or disprove any fact of consequence to the determination of the action." (Emphasis added). Evidence "need …
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… immature neurological development and damage caused by childhood abuse and other environmental factors." He also … did "not reflect 'irreparable corruption,'" including a determination of whether he was "sufficiently rehabilitated . … federal and State precedent on cruel and unusual punishment support a finding that the possibility of parole provides a …
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… will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, 132 (App. Div. 2011), self-serving statements unsupported by legally competent evidence, Heyert v. Taddese, … N.J. Super. 374, 389 (App. Div. 1996). Similarly, "fee determinations by trial courts will be disturbed only on the …
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… claim, Judge Bumb found "the record evidence fails to support 17 A-4024-18 a finding that Cox retaliated against …
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njcourts.gov
… required legal analysis, not making all relevant factual determinations, and not conducting an evidentiary hearing … because he had demonstrated extraordinary circumstances. In support of that motion, plaintiff submitted his affidavit, … N.J. 335, 344 (2019) (noting N.J.S.A. 59:8- 9 leaves the determination of whether a late notice may be filed to "the …
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… upon remand, State v. Terry, ___ N.J. ___ (2018), for a determination of the arguments raised on appeal but not … the facts from the record that are essential to our determination. On December 31, 2010, Union Township Police … on the evidence and to "drawing any reasonable inferences supported by the proofs." State v. Zola, 112 N.J. 384, 426 …
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… leaned down to pull weeds, she used her left arm to support her weight and did not place significant force on …
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… the cause for respondents (Haynes and Boone and Fox Rothschild, attorneys; Jonathan D. Pressment, of counsel and on … 187, 203 (3d Cir. 2016). The circuit court affirmed the determination that the other class representative lacked … in its distribution of tickets to the 2014 Super Bowl and supported that allegation with an expert’s report. The …
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… standards in the Code of Judicial Conduct. There are two determinations to be made in connection with the imposition of … of the judicial system. That concern must drive the determination of whether legal error rises to the level of … Judge DiLeo. These facts were not contested and find their support in the record of the municipal court proceedings in …
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… whether the facts and circumstances shown by the evidence support any inference and you are always free to accept them … whether the facts and circumstances shown by the evidence support any inference and you are always free to accept them …
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… trial." The judge rejected these claims because they were unsupported and unconnected to "his arguments [of] inadequacy … on the existing record. Defendant's claims were not supported by "other evidence outside of bald assertions and … to prove or disprove [a] fact of consequence to the determination of the action." Ibid. (second alteration in …
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… as there is a reasonable factual basis in the evidence to support that claim or defense." Walker v. Costco Wholesale … the brakes." Id. at 588. Importantly, [t]he question for determination by the jury was whether [the defendant] … emphasized the "issue of liability was . . . solely for determination by the jury." Id. at 589. Here, contrary to …
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… of GMM." In August 2021, Drosos, on behalf of GGLM, supported a $2 million Dreamfood capital call, with the …