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njcourts.gov
… White, 580 U.S. at ___, 137 S. Ct. at 550. Those facts supported the qualified immunity claim and were not in … 462 U.S. 213, 243 n.13 (1983) (stating "[i]n making a determination of probable cause the relevant inquiry is not … explanation does not mean that those actions cannot support articulable suspicions, if a reasonable person would …
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njcourts.gov
… lacks persuasion. We therefore affirm the motion court's determination that defendant did not have constructive notice … light the stairway was a statutory violation and evidence supporting negligence, the judge found the plaintiff's … off the rail, 11 A-4684-16T3 finding the record failed to support such happenings, and declining to assign the …
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njcourts.gov
… The issues involving Applied are not relevant to our determination in this case, especially in light of Applied's … argues on appeal that "[c]ontrary to the trial court's determination, Your Way's bid was . . . fatally defective by … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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njcourts.gov
… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … dispute that their malpractice claim against Botton is unsupported by expert testimony. Instead, they contend their … they subsequently failed to serve an expert report to support their claim that Botton acted improperly.5 …
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njcourts.gov
… by filing the instant case with the Tax Court seeking a determination that NWAC is entitled to an exemption from the … Director. N.J.S.A. 40:55D-8.6(b). The Director’s final determination may then be appealed to the Tax Court, which … funds, not the State. Additionally, much of the evidence to support the NRDF’s justification (i.e., property records, …
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njcourts.gov
… of that conviction. The parties submitted briefs in support of their respective positions and oral argument was … evidence of the intent behind N.J.S.A. 2C:52-5.3 further supports this interpretation. First, as previously noted, …
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njcourts.gov
… initial application; (2) the Board's findings do not support the grant of a conditional use variance; (3) the … issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … conclude that the record contains ample evidence supporting the Board's discretionary action. To the extent …
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njcourts.gov
… 2015, Angie executed a power of attorney naming two of her children, Vera and W.B. (Wayne), as "co-attorneys in fact." … the trial court's findings "unless they are so clearly insupportable as to result in their denial of justice." Estate … granted in the interests of justice, see Rule 4:9-1, the "determination of a motion to amend a pleading is generally …
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njcourts.gov
… Defendants argued the jury could make credibility determinations of the witnesses, including the experts, reject … shall be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that … the jury to award at least one dollar in damages, is not supported by fact or law. There was sufficient evidence in …
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njcourts.gov
… retailers like Westpark.” Certification of Jacob Orfali in Support of Motion for Reconsideration, ¶ 8. Any sales to … ceasing to conduct business with Westpark, and the facts support Westpark’s assertion that no tortious interference …
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njcourts.gov
… court" and accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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njcourts.gov
… from ICPC funds for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or … 6 A-4327-18T2 submitted by Mazooz Sehwail and/or [wife] in support of their claim; all correspondence between NJM and … to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401. …
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njcourts.gov
… filed a motion in opposition to plaintiff's motion and in support of their cross-motion to enforce the settlement. In … the record and set forth specific findings of fact to support its decision, we need not address defendants' second …
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njcourts.gov
… JUDGE FAILED TO APPROPRIATELY CONSIDER MR. WOOLLEY'S CHILDHOOD TRAUMA AND MENTAL HEALTH DISEASES AS A MITIGATING … health and 12 A-1603-18T4 traumatic episodes of his childhood. In particular, defendant argues the court was … of his or her sentencing deliberations, mitigating factors supported by credible evidence. State v. Case, 220 N.J. 49, …
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njcourts.gov
… Defendant then moved into plaintiff's house with her two children in 2017. Plaintiff testified he "tried to be a … and he "lend[ed] [defendant] money all the time" to support her and her children. In March 2019, they separated … in its decision and thus, without further findings, its determination to issue an FRO was a misguided exercise of …
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njcourts.gov
… but allowing the results from the second draw. The judge supported that ruling with a written opinion. The motion … the warrant judge determined that there was probable cause supporting the search and the motion judge independently …
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njcourts.gov
… respondent and the real party in interest. 6 A-0620-19T1 determination, the judge determined the parties had agreed to … because the Agreement implicates interstate commerce. To support his position, defendant argues he is a resident of … waived defendant's right to seek relief in that forum. To support his contention, plaintiff attempts to advance a …
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njcourts.gov
… the Superior Court pursuant to N.J.S.A. 2B:12-17.2(a). In support of her motion, defendant produced medical records … that case, Vitale carelessly drove his car and struck two children who died from their injuries. Id. at 411. After the … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary …
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njcourts.gov
… a second time and denied it. She appealed the Board's determination to the OAL as a contested case on March 2, 2012. … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Ibid. …
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njcourts.gov
… court found: the Grand Jury hearing transcript does not support [defendant's] contentions. Det. Fuentes testified … charge . . . despite the evidence presented by the State supporting this charge . . . . Appellate counsel identified …