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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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… challenging the Director, Division of Taxation’s final determination assessing a gross income tax deficiency against … below, summary judgment affirming the Director’s final determination is granted. I. Findings of Fact and Procedural … the Director filed a statement of material facts in support of the motion for summary judgment, in accordance …
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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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… 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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… The court stated, "the underlying circumstances . . . support the officer's reasonable and articulable suspicion … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … and distribution and not guilty of others does not support the grant of a new trial. The trial judge properly …
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… default judgment and extend the time to file an answer. In support of the motion, Ficke's owner, Arun Parikh, certified … "it's not [Ficke's] right under the policy to make that determination. It's the carrier . That's why they want to have … to defend this. It's not up to the insured to make such a determination." The judge further noted there was no dispute …
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… Association for Justice to file amici curiae briefs, which support Capri's contentions. We also granted leave to the … Insurance Association to file amici curiae briefs, which support defendants' contentions. Because our holdings and … Rule 4:6-2(e). Id. at 40. 16 A-3551-20 In reaching that determination, we noted there were "scores of federal and …
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… TO ANSWER SUCH QUESTIONS, AND SHE PROVIDED NO BASIS TO SUPPORT HER NET OPINIONS (not raised below). POINT III … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" Townsend v. … opinion, the expert must 'give the why and wherefore' that supports the opinion.'" Ehrlich v. Sorokin, 451 N.J. Super. …
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… failed to make a sufficient showing of prejudice to support his motion for severance. Further, the State avers … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … of the trial court ." Id. at 318. In making the determination, "a court must consider the competing factors …
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… Court's own research, there does not appear to be authority supporting Defendant's position that risk purchasing groups … The disclaimer of coverage makes this matter ripe for determination by the court. For these reasons, the court finds … 101 N.J. 597 (1986). Where the policy language will support two interpretations, only one of which will support …
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… As for the negative criteria, the Board offers no evidence supporting its finding that a six-foot stockade fence … such as those in the surrounding neighborhood." The record supports the opposite, that is that none of the neighbors … a (c)(2) variance was arbitrary and capricious and without support in the record, we reverse the judgment of the Law …
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… present mixed questions of law and fact, we defer to the supported factual findings of the trial court, but we review … court's interpretation of OPRA, which constitutes a legal determination."); In re A.D., 259 N.J. 337, 351 (2024) ("We . … assumption of the obligation. We upheld the trial judge's determination that "no equitable or exceptional reason" barred …
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… had occurred since the first trial judge's final order. To support her third TRO ("TRO 3"), Sydney testified she was … violence complaint, trial courts must make two distinct determinations: "[f]irst, the judge must determine whether the … denying an FRO was issued and was not appealed; (4) the determination of whether the facts and allegations prior to …
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… stage that the court must “appraise the testimony, make a determination of true value and fix the assessment.” Rodwood … at trial, along with testimonial evidence and any other supporting documentation. Only after the court has heard the … determine whether the expert’s conclusions are adequately supported by the facts. Plaintiff also asserts that the …
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… addresses “specific facts” and “concrete evidence” to support a favorable jury verdict. Housel for Housel v. … or investigation has been conducted to make such a determination. Id. at 114:10-25 – 115:1-12. Importantly, … 272, 770 A.2d 1144 (2001). This Court in no way made its determination based on a lack of express first-party language …
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… award for future medical expenses "to the highest amount supported by the evidence: [three percent] of the $414,000." … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … 569, 583 (2008)). A net opinion is "a bare conclusion unsupported by factual evidence." Creanga v. Jardal, 185 N.J. …
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… property, N.J.S.A. 2C:35-5(a), -7(a). B. The Competency Determinations Competency questions concerning defendant's … such incapacity endures." N.J.S.A. 2C:4-4(a). Competency determinations are the sole province of the court, and upon a … and medicated in both prison and hospital settings, supported dismissal. The court analyzed the nature and …
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… "That is not my daughter, that's my husband's daughter. My children do not act like that, you know my children," which … to and agreed with the municipal court's credibility determinations, except it found it difficult to determine … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 …
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… evidentiary hearing if they establish a prima facie case in support of post-conviction relief, the court determines … a defendant has presented a prima facie claim and the facts supporting the claim are outside of the trial record, the … "when the issue is solely whether an adequate factual basis supports a guilty plea, a Slater analysis is unnecessary." …
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… garaged all of their vehicles in this State. In further support of their motion, movants argued Nationwide committed … the law of the place of the contract will govern the determination of the rights and liabilities of the parties … per victim because testimony from Braswell does not support this conclusion, whereas the judge found it did. The …