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… N.J. 22, 47 (2019). This deference extends to a judge's determinations based not only on live testimony but also when … 412, 425 (2014). When the judge's factual findings are "not supported by sufficient credible evidence in the record," … alone are usually insufficient to justify a determination of involuntariness or lack of knowledge."). 26 …
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… this [c]ourt, or as presented by the defendant, that would support his claim of a reasonable expectation of privacy in …
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… court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … barred, plaintiffs may use them "as background evidence in support of [their] timely claim." Roa v. Roa, 200 N.J. 555, … 536 U.S. at 117).] "The policy concerns underpinning the determination in Shepherd in respect of LAD claims require the …
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… GROSS ABUSE OF DISCRETION. POINT FOUR THE TRIAL JUDGE'S DETERMINATION THAT THE PRISON TERMS IMPOSED ON THE TWO … to determine whether the jury has been tainted. That determination requires the trial court to consider the gravity … verdict inconsistent with the proofs adduced at trial was supported by the fact that juror seven's comments merely …
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… Plaintiff's appellate brief argues that her CRA claim is supported by rights under the Constitution and under the … Robinson v. Vivirito, 217 N.J. 199, 208 (2014). "The determination of the existence of a duty of care to avoid harm …
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… Here, the case law makes clear that any party may attack or support the credibility of a witness by direct and … Wade, 99 N.J. Super. 550, 556-57 (App. Div. 1968)). The determination of whether fairness requires inclusion of such …
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… and instead acknowledged its validity, has ample support in the record and is thus binding on appeal. See …
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… to strike from respondents' appendices. These documents support respondents' position that the City had satisfied … should the Appellate Division reverse the trial court's determination that the ordinance was invalid. BIT subsequently …
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… appellants' brief to contain a statement of facts "supported by references to the appendix and transcript"). … his career, Velazquez, on multiple occasions, made the determination that an individual with whom he had an encounter … host of questions they are asked, and based upon those determinations, 13 A-1974-20 they are referred to either the …
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… TRIAL COURT FAILED TO APPLY MITIGATING FACTORS THAT WERE SUPPORTED BY THE RECORD. C. THE SENTENCING COURT ERRED IN …
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… [THE JUDGE][,] DID NOT "STATE THE FACTUAL AND LEGAL BASIS SUPPORTING HIS IMPOSITION OF SENTENCE," N.J.S.A. 2C:43-2[8], …
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… court found that such error was harmless because there was support in the record for the trial court's alternative …
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… Law, § 20:2-2 at 540 (2011). Thus, if a choice-of-law determination is necessary, it is made on an issue-by-issue … may not delay filing a claim until she obtains an expert to support the claim. Ibid. Rather, “[i]n cases in which fault …
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… declaring that there is no “experimental evidence to support the biological plausibility for Accutane causing …
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… that follow, we reverse the court's fictitious pleading determination as to one of the three co- A-3742-16T3 3 … 2A:53A-26 to -29 (requiring an affidavit of merit to support malpractice cases against doctors and other …
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… at 608). Robinson also cited Murphy, but Murphy does not support the proposition that documents in the possession of …
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… summary judgment to each defendant. In light of our determination that a manufacturer's product includes any … insulation under the jacket. In an affidavit submitted in support of its motion, Burnham's former Chief Engineer and … with other asbestos-containing parts. In light of our determination that a manufacturer's product includes any …
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… interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of the risk of harm is the foundational element in the determination of whether a duty exists." J.S. v. R.T.H., 155 … 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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… offense," as "the triggering date for the remoteness determination." According to defendant, "[t]his was an … that evidence having the burden of proof. In making that determination, pursuant to N.J.R.E. 609(b)(2), "the court may … periods," 957 F.2d 162, 168 n.4 (5th Cir. 1992), to support its decision, the court pointed to "the change in …
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… forward efficiently while leaving for later determination the other claims. River Pointe continued to … Corp., 94 N.J. 473, 503, 468 A.2d 150 (1983). 12 The determination of whether a duty exists is a matter of law … business and satisfy its obligations. Thus, absent facts supporting the conclusory allegation of undercapitalization …