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njcourts.gov
… plaintiff's reliance on Roach v. BM Motoring, LLC,1 to support her contention that defendants' material breach of … had signed the RISC. Therefore, there was no legal basis to support plaintiff's argument that the unsigned RISC … 228 N.J. at 180. The Court further held that a determination of whether a party committed a material breach …
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njcourts.gov
… matter being denied; indeed, Christine's counsel argued in support of her motion for leave to file the appeal out of … while the circumstances here are offered in support of a determination that Christine permanently forfeited her right … § 80b-14(a) (emphasis added). In short, the judge's determination that federal courts have exclusive jurisdiction …
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njcourts.gov
… about how she received her mail made no sense and did not support her claims in her certifications that although her … in the judge's decision on this point was the judge's determination that Cole was not credible. Cole never … against her "without competent and persuasive evidence to support her liability[,]" she is entitled to relief even in …
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njcourts.gov
… 550, 559 (1983)(holding that "[w]here the policy language supports two meanings, one favorable to the insurer and the … as employer. Harleysville cites two unpublished opinions to support its contention that insurers are required to defend …
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njcourts.gov
… T.C. relies on State In re. R.M., 141 N.J. 434 (1995), in support of his position that the law prohibits the … Under the State's interpretation, and the judge's determination here, developmentally disabled juveniles in one … rational basis, let alone a compelling justification, to support a geographic cause for depriving developmentally …
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njcourts.gov
… Ohio 2005). It is enough that the victim provide evidence supportive of a finding that a recording device was present … other plaintiffs were spied upon. For example, the record supports an assumption for summary judgment purposes that …
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njcourts.gov
… you know -- I don't see any version of facts that would support an aggravated manslaughter -- the state of mind, … a defendant, as long as the instruction "is requested and supported by some evidence in the record, it must be given." …
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njcourts.gov
… to the ground, Dusenbery's 3 We do not address the ALJ's determination, which was adopted by the Board in its final … 4, 2015 incident. Dusenbery does not challenge that determination on appeal. See Drinker Biddle & Reath LLP v. … Woods incident.4 The ALJ 4 The ALJ made detailed findings supporting her conclusion Dusenbery is totally and …
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njcourts.gov
… for a new trial based on newly discovered evidence. In support of that motion, he presented a certification from a … on the claims being advanced" and includes evidence that supports a general denial of guilt. State v. Ways, 180 N.J. … to the sound discretion of the trial court, and its determination will not be reversed on appeal unless there has …
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njcourts.gov
… 576 (2015). We "uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … claims if a defendant has presented a prima facie claim in support of post-conviction relief"). Affirmed. … …
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njcourts.gov
… about the phones was not credible because it was not supported by any of the contemporaneous reports the … we discern no basis for disturbing the trial court's determinations regarding these four defendants. In order for … of these factors was not necessary to its final determination. In Andrews, the Supreme Court confirmed that …
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njcourts.gov
… defendant did not display his police badge, call for police support, or render aid to Smith. Instead, defendant told … to trial judges when evaluating their evidentiary determinations, State v. Cole, 229 N.J. 430, 449 (2017), which … was accidental. Defendant further challenges the judge's determination that Olimpio was not qualified to testify …
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njcourts.gov
… had not provided any medical documentation or expert support for such a claim. B. The State presented the … proper analysis under N.J.R.E. 609(b).5 Thus, he could not support the theory argued by his counsel that his behavior …
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njcourts.gov
… years old, has been married for eleven years, has three children, and owns a business. He was born in Ukraine and is … IDENTIFICATION CARD AND/OR HANDGUN PURCHASE PERMIT WAS NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE. A judicial determination that a defendant poses a threat to the public …
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njcourts.gov
… modification of the award relating to the 2003 incident. In support of his arguments, Streeper explained that in 2010 he … part: Upon the application of any party, a formal award, determination, judgment, or order approving settlement may be … several years earlier did not properly reflect his determination that the employee was permanently disabled. When …
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njcourts.gov
… of marijuana, which resulted in a conditional discharge, supported aggravating factor number three. The judge found … the judge failed to make the necessary findings of fact supporting his determination or otherwise sufficiently expressing his …
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njcourts.gov
… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …
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njcourts.gov
… a plenary hearing to hear witness testimony and make determinations of credibility. The plenary hearing was held on … of the assessment until after the December 2 deadline. In support of this argument, Plaintiff presented the testimony … stamp any of its mail when it receives it, which may have supported Plaintiff’s argument in the absence of testimony …
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njcourts.gov
… this court was well within its discretion to make that determination based on the arguments and case law presented. … the court disagrees. Defendants provide no authority to support their position that having this claim proceed to … union employees' work hours in order to limit the number of supporters and ultimately place the plaintiff in a position …
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njcourts.gov
… are based on the certifications and exhibits summarized in support of the parties’ pleadings. Plaintiff filed … requirements. B. Information Reporting Requirements The determination whether to file a federal Form 1099 information … the settlement. Johnson, 517 F. Supp. 2d at 1233-38. The determination whether the settlement payment is income to …