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… therefore affirms as modified the Appellate Division’s determination that the evidence seized during the car’s … to the Title 39 violations Detective Kazan observed. Two determinations must therefore be made: whether the wait for … articulable suspicion beyond that which justified the stop supported the canine sniff. As Detective Kazan testified, he …
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… Defendants’ reply brief later indicated it is submitted in support of their motion to dismiss counts one through four … Corp., 282 N.J. Super. 494 (App. Div. 1995) governs determinations whether anonymous pleading should be permitted. … accommodation” under N.J.S.A. 10:5-4. The court makes no determination as to whether the plaintiff could sustain his …
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… part, that when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not … had not cited any legal authority in his moving papers to support that statement of law. To the contrary, Defendant … is denied. Defendant does not provide any other argument in support of the dismissal of such claims. Therefore, …
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… Wilson died intestate in 1927, and was survived by four children named Michael Wilson, Sarah Lakritz, Gerald Wilson, … The court found 90% of the hours "were expended in support of the partition action," versus Merrick's … see Rendine v. Pantzer, 141 N.J. 292, 317 (1995) ("fee determinations by trial courts will be disturbed only on the …
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… THE PLAINTIFF PROVIDED AN ADEQUATE EVIDENTIAL FOUNDATION IN SUPPORT OF SUCH CHARGE. POINT III: SINCE THE DOCTRINE OF … a thermal injury and, therefore, "the jury's final determination as to proximate cause was completely … risk was thermal injury. In light of the jury's determination defendant's deviations from accepted standards …
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… the jury was able to view the recordings and make its own determination, based on competent testimony, as to whether … Schiffner testified in detail concerning the findings supporting her forensic analysis of the DNA evidence, it was … deem the inaccuracy on the verdict sheet to affect its determination based on the evidence presented and the court's …
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… five of the State's witnesses had testified." A court's determination on whether to permit a defendant to represent … record created in response to defendant's motion does not support the denial of his right to represent himself, his … it shares the same attributes of all discretionary determinations, 19 A-4676-15T4 namely, it must be accompanied …
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… to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … (citation omitted) (alteration in original). To make that determination, we must examine (1) whether the agency's action … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue,' we are not bound by …
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… there was nothing in the record other than Bloom's "own unsupported allegations with respect to the reasons for the … courts review questions of law de novo and the legal determinations of the trial court are not entitled to any … an adverse employment action "is one circumstance that may support an inference of a causal connection." Ibid. Here, …
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… of his accident, I believe this article provides direct support for the scientific validity of the opinions I … not appropriate for any expert to rely on as scientific support for an opinion." Bell filed a motion in limine to … disfavored), certif. denied, 224 N.J. 529 (2016). To support their argument, plaintiffs have submitted materials …
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… time-restricted settlement demands made in bad faith do not support a bad faith claim against an insurance carrier. … under existing New Jersey law, but such a result is also supported by the case law of other jurisdictions. CURE … complaint and documents referenced therein, do not support such a proposition. The record does not disclose — …
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… given by the judge and, further, that substantial evidence supported the jury's verdict. The parties stipulated that … request, ruling consistently with the court's prior determinations. Following completion of the State's case … defendant. Therefore, in agreeing with the trial court's determination that any expert testimony regarding the …
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… quotations. In a November 23, 2015 certification in support of plaintiff's cross-motion for partial summary … any law," misstate "any fact," or make "a credibility determination." This appeal followed. II. When reviewing a … v. Albert Lifson & Sons, Inc., 17 N.J. 383, 389 (1955). Determination of whether a duty exists turns on questions of …
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… in original) (internal quotation marks omitted). A determination on the admissibility of expert testimony is … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Id. at 53-54. … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. …
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… by this Court without deference to the trial court’s determination. In determining statutory intent, courts must … to incorporate by reference all of the issues advanced in support of his appeal to the Appellate Division. It is not … padlock, and surrounded by a fence. The Attorney General, supports the State’s position. The Attorney General argues …
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… to ensure the Painting’s authenticity and value and to support Gallery 63’s full guarantee of the originality of … the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of … pretrial discovery is necessary prior to the Court’s determination. However, Plaintiffs have not even suggested …
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… broad powers, N.J.S.A. 2A:23B-15, and "extends judicial support to the arbitration process subject only to limited … only alternatively explained how the arbitrator's legal determination was reasonably debatable, concluding that "the … his rationale and to promote our informed review of the determination. This he failed to do. In his written decision, …
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… apply a de novo standard when reviewing a motion judge 's determination of the enforceability of a contract. Goffe v. … He testified on behalf of Foulke in other matters in support of enforcing arbitration clauses, before he executed … rights. An unambiguous writing is essential to such a determination." Id. at 136. Here, unlike Garfinkel, the …
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… to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In making this determination, the trial judge "should focus on the logical … (2014)). The judge must then "determine which factors are supported by a preponderance of [the] evidence, balance the …
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… that defendants failed to present "competent" evidence to support the remedy they seek. Consequently, we are … defendants. The judge entered orders memorializing those determinations in October and December 2015. In appealing, … and did not make the findings necessary to make that determination but only because he found defendants' evidence …