njcourts.gov
… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
njcourts.gov
… following contentions: POINT-I THE PCR COURT ERRED IN ITS DETERMINATION THAT THE DEFENDANT DID NOT SATISFY THE … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … if a new trial were granted. Lastly, the record does not support defendant's argument that James' availability to …
njcourts.gov
… attendant to litigating this matter in Kansas support invalidating the parties' forum selection clause. …
njcourts.gov
… the trial de novo demand. Defendant cites to Vanderslice to support this argument, arguing "[t]he Supreme Court …
njcourts.gov
… the two mitigating factors. We agree with the PCR judge's determination because defendant's past criminal record … 321 N.J. Super. 154, 170 (App. Div. 1999). The record amply supports the PCR judge's findings and conclusions. Defendant …
njcourts.gov
… court "erred in passing judgment" on the hospital's SPAE determination because under the PSA, the court has no role in reviewing a health care facility's SPAE determination. Id. at 246-47. The Court also held that the … would be "overly burdensome." The record does not, however, support that claim. Moreover, NMC has conceded that an …
njcourts.gov
… EXCESSIVE SENTENCE REQUIRING REVERSAL. A. ALTHOUGH SUPPORTED BY AMPLE EVIDENCE IN THE RECORD, THE JUDGE … other jurors to ensure the impartiality of the jury. That determination should be explained on the record to facilitate … for her departure. Our Supreme Court cautioned the "determination that the reasons for the removal of [a juror] …
njcourts.gov
… not point to any objective credible medical evidence" in support of her claim. She also failed to provide the … deemed to have waived any challenge to the trial court's determination that she failed to show her injuries satisfy the …
njcourts.gov
… restored had plaintiff filed a timely motion to reinstate supported by "a one paragraph certification." The court did … that our court rules shall be construed to secure a just determination, simplicity in procedure, fairness in … as "a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits." …
njcourts.gov
… to grant relief and, so, we sustain the trial judge's determination that defense counsel's errors do not require … defendant moved to vacate the confirmation order. In a supporting certification, defense counsel stated he was in … been presented with no reason to question the judge's determination that there were reasonable grounds to excuse …
njcourts.gov
… Legislature later explicitly delegated pension forfeiture determinations pursuant to N.J.S.A. 43:1-3.1 to the judiciary. … was obligated to enter a forfeiture order upon its legal determination that Ortmann was convicted of a substantially … will survive a due process challenge so long as it is supported by a rational basis. Ibid. Although public …
njcourts.gov
… resides there with his "significant-other," five young children, and a young adult who suffers from "bipolar … sale. Under his father's name, he filed a "Certification in Support of Motion," which referenced a motion to vacate …
njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … and materials beyond the pleadings were submitted in support of the motions to dismiss, we treat them as motions …
njcourts.gov
… for its payment to Vornado. We review such legal determination de novo. Templo Fuente De Vida Corp., … of a remedy in the buyer against the seller . . . but a determination of responsibility for satisfying such a remedy. … Div. 2006). Moreover, in any event, the record did not support a finding that defendant violated any of its …
njcourts.gov
… property? (2) Is there evidence in the record that could support a finding of fact on this point? (3) Is expert … of the risk of harm is the foundational element in the determination of whether a duty exists." Ibid. (quoting J.S. …
njcourts.gov
… by the trial court will be disturbed only when they are not supported by sufficient credible evidence in the record. … Accordingly, we reverse "only when the trial court's determination is 'so clearly mistaken that the interests of … 218 N.J. at 425). We review the trial court's legal determinations de novo. Id. at 38 (citing Gamble, 218 N.J. at …
njcourts.gov
… Sports and Exposition Authority, 104 N.J. 80 (1986), to support his argument that defendant had an independent duty … immunity under N.J.S.A. 59:4-6 was inconsistent with his determination that defendant was not independently negligent. … immunity – although correct – conflicts with the judge's determination that defendant was not independently negligent. …
njcourts.gov
… not timely, but did not make adequate factual findings to support the ruling and failed to address plaintiff's … disputed issues of material fact is necessary for any determination as to whether relief from the judgment is …
njcourts.gov
… Declarations, By- Laws[,] and Rules and Regulations." In support of her allegation that pleadings 14 A-0407-19T1 …
njcourts.gov
… of tort claim pursuant to N.J.S.A. 59:8-9. The motion was supported only by plaintiff's and her daughter's 2 Plaintiff … 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 judge's … and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's …