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njcourts.gov
… Bard, Inc., was denied a fair trial by the trial court’s determination that defendant could not present 510(k) … trials. First, we consider whether the trial court’s determination that defendant C.R. Bard, Inc.,2 could not … Barbee, implanted Bard’s Align Transobturator Urethral Support System (“Align TO”) to treat her SUI, and the …
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njcourts.gov
… his inspection, the contractor temporarily erected two 4x4 support posts connecting the upper and lower decks and … house until both decks could be replaced. Those temporary support posts were still present when Bastian and Furey's … Bastian and Furey's property, O'Donnell noted the temporary supports erected on the neighbors' deck in 2013, the rust …
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A-1639-22 Briefs
Briefs
njcourts.gov
… AN ADEQUATE WATER QUALITY MANAGEMENT PLAN CONSISTENCY DETERMINATION (Aa001). . . . . . . . . . . . . . . . . . . . . … . . . . . . . . . . . . . . . . . . . . 28 C. DEP Failed to Support Its Finding that Riparian Zone Impacts Have Been … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue.” Del. Riverkeeper …
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A-0953-23/A-0977-23 Briefs
Briefs
njcourts.gov
… a development that would replace the Belmar Inn. That supported Steck’s testimony. [5T 117:7-19]. Many other … The Resolution does not explain the specific rationale that supports that conclusion. FILED, Clerk of the Appellate … N.J. 366, 378 (1995). A court is not bound by an agency's determination on a question of law. See, e.g., Reich v. Fort …
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njcourts.gov
… , permanent/year-round residents, likely with fewer children such that the school system would not be burdened; … from [an] economic point of view." Public commenters who supported the proposed development felt it was the only way … Himeji, LLC, 214 N.J. 263, 284 (2013). A board's factual determinations are entitled to "great weight" and should not …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo v. Cnty. … the grand jury to engage in significant credibility determinations." State v. Evans, 352 N.J. Super. 178, 197 … no basis for disturbing the trial court's well-reasoned determination. As the court noted, the State's theory of the …
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njcourts.gov
… praised the attorney defendants. It resolved: “The Council supports the actions of attorneys Surenian, Wunsch, Trautner … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … party in a civil action, and if there is a judicial determination at any time during the proceedings or upon …
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A-2550-23 Briefs
Briefs
njcourts.gov
… o Defendant Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment o Certification of Edward Sponzilli, Esq. in Support of Defendant Fairleigh Dickinson University’s Motion … o Exhibit E, Certification of Osama El- Helw in support of Plaintiff’s Opposition to Defendant’s Motion to …
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njcourts.gov
… denied plaintiffs' motions. It found the statements in support of the motion were based on inadmissible hearsay and … undue influence and conflicts of interest, were not supported by sufficient evidence. The trial court denied … the BHPB's Resolution 2019-12 contained sufficient support for and the reasoning behind its findings of fact, …
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njcourts.gov
… had issued a net opinion, with insufficient facts to support his conclusions. After hearing argument, the motion … found Dr. Guzzardi's toxicology opinion "to be sufficiently supported by scientific specialized knowledge as required by … "background and knowledge . . . to be insufficient to support his opinion in any aspect of drug use, abuse, …
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njcourts.gov
… argues the proofs against him were legally insufficient to support a guilty verdict for either charge; consequently, … a verdict of guilty, when the evidence does not rationally support a conviction." Ibid. "The power to enter a judgment … ict between the defendants made difficult the jury's determination of the facts in the case, . . . the jury did not …
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njcourts.gov
… person, and attendant disputes among her adult children—her NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … no application before the [p]robate court" seeking a determination of incapacity, and he could not deem Ruth … was warranted "from a medical standpoint and otherwise." In support, the judge relied on "the two doctors' reports whose …
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njcourts.gov
… under the totality of the circumstances analysis “also support the conclusion that there was no valid waiver,” as … voluntarily consented to the search, but remanded for a determination of whether the physical evidence should instead … for leave to challenge the Appellate Division’s determination regarding the physical evidence, so that issue …
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njcourts.gov
… defendant had brandished two guns in front of her and her children. She said that defendant kept the guns in a “black … to the storage trailer. Considered in tandem, those factors support an objectively reasonable conclusion that N.D. had … existed at the time of the disputed search. The determination is fact-sensitive and requires the court to …
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njcourts.gov
… the net opinion rule requires the exclusion of such unsupported views. In circumstances similar to this case, the … experience.” And the State offered no outside evidence to support the range. That “rule of thumb” testimony … to all matters that are before you, it’s ultimately your determination of the evidence in the case. With regard to …
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njcourts.gov
… partial denial of their motion for summary judgment. In support of their cross-appeal, the owner-managers submitted … survived; and that summary judgment would be premature. In support of the last point, plaintiffs stressed that … from law enforcement, could provide additional evidence in support of their claims. On January 24, 2014, the trial …
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A-3963-22 Briefs
Briefs
njcourts.gov
… Trial Court Set Forth on the Record on August 4, 2023 in Support of the Order Denying the Motion for a New … Esq. Filed on Behalf of Amelia Bainlardi on July 5, 2023 in Support of Motion for a New Trial…………..Pa37 Order Denying … using a walker at the time of the fall, which would further support that she was having gait problems before she fell. …
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A-0804-23 Briefs
Briefs
njcourts.gov
… that the Legislature’s intent to modify the common law is supported by its routine reshaping of common- law doctrine … Division, August 29, 2024, A-000804-23, AMENDED 4 First, in support of this position, DEP cites to Wyzykowki v. Rivas, … Jersey Supreme Court affirmed the Appellate Division’s determination that the Wage and Hour Law did not apply to the …
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A-2145-23 Briefs
Briefs
njcourts.gov
… Rutherford PBA Local 275, 213 N.J. 190, is misguided. The determination in East Rutherford upheld plain contractual … requirement that compelled bargaining unit employees to support each request for reimbursement. Borough of East … In doing so, the arbitrator exceeded his powers and the determination below must be FILED, Clerk of the Appellate …
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A-53-24 - Petition for Certification
Briefs
njcourts.gov
… Psa124 Order Denying Motion to File Overlength Brief in Support of Motion for Leave to Appeal filed December 20, … Psa124 Order Denying Motion to File Overlength Brief in Support of Motion for Leave to Appeal filed December 20, … are used: “Da” for Defendant-Appellant’s appendix in support of appeal filed with the Appellate Division; “Pa” …