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njcourts.gov
… expert may offer out-of-court statements of others to support the opinions presented."). "However, hearsay is not …
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njcourts.gov
… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
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njcourts.gov
… attendant to litigating this matter in Kansas support invalidating the parties' forum selection clause. …
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njcourts.gov
… counsel, alleging the amended complaint was frivolous. In support of its motion, defendant argued that before … as a matter of law." Self-serving assertions that are unsupported by evidence do not give rise to a genuine issue of …
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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. …
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njcourts.gov
… conclude Mountain Creek's argument that the Ski Statute supports enforcement of the indemnification provisions is …
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njcourts.gov
… numerous reasons. Several of those arguments are factually supported, at least on their face, by a certification from … subsection b of the statute. Ibid. The trial court's determination to refer the issues raised by plaintiffs … to arbitrate is enforceable." N.J.S.A. 2A:23B-6(c). These determinations are subject to ultimate judicial review …
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njcourts.gov
… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 …
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njcourts.gov
… factual findings of the trial court if those findings are supported by sufficient evidence in the record. State v. … credible witness, and we defer to the judge's credibility determinations. Locurto, 157 N.J. at 470. The police formed an …
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njcourts.gov
… v. Colley, 397 N.J. Super. 214, 219 (App. Div. 2007)). Support was found in State v. Cromwell, 194 N.J. Super. 519, …
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njcourts.gov
… and the Botwins timely appealed the Director’s final determination to the Tax Court. For the reasons described more … a motion for summary judgment under R. 4:46-2, the determination whether there exists a genuine issue with … specific to each dealer. No evidence is before the court to support such a proffer under the Lemon Law or tax law. The …
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njcourts.gov
… directed her to file a certification in this regard, with supporting documentation if any, and permitted the Township … provides as follows: Review of judgment, action or determination of county board of taxation. a. Any party who is dissatisfied with the judgment, action or determination of the county board of taxation may seek review …
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njcourts.gov
… connotes employment or application to an end.” The Court supported this ruling by comparing the statute’s grant of … Ibid. When this “test is to be applied,” the court’s determination should be made “with reference to the object … judgment. Indeed, even in Borough of Middlesex, the determination that an area served as a “buffer” was based on …
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njcourts.gov
… with similar conditions. However, this argument is unsupported by legal authority. Similarly, Plaintiff argues … doctrine. A net opinion is an “expert's bare conclusions, unsupported by factual evidence.” Buckelew v. Grossbard, 87 … opinion rule “does not mandate that an expert organize or support an opinion in a particular manner that opposing …
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njcourts.gov
… review of the parties' submissions, and the trial court's determinations thus far in connection with the award of this … took effect, the judge also found it was difficult to support the position that the City acted arbitrarily or …
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njcourts.gov
… a new trial, but on grounds other than whether the evidence supported a finding that force was used. 3 Such an … instructed the jury about factors that could affect its determination as to whether the person depicted in the …
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njcourts.gov
… run in July 2003. The trial judge principally based his determination on plaintiff's deposition testimony, noting: … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … discern no basis to disturb the motion and trial judge's determinations to bar plaintiff's complaint on statute of …
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njcourts.gov
… general. The jury was then left free to make the ultimate determination of whether defendant possessed the heroin with … N.J.S.A. 2C:44-1(a)(9). There were facts in the record supporting each of those aggravating factors. The judge also …
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njcourts.gov
… Complaint has not specifically plead any facts to support a claim that her emotional distress is significant …