default
… 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 …
default
… 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 …
njcourts.gov
… 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, …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
njcourts.gov
… 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 — …
njcourts.gov
… 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 …
njcourts.gov
… 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 …
default
… 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 …
default
… PAR. X. POINT III THE DEFENDANT[']S PLEA OF GUILT DOES NOT SUPPORT A FIRST DEGREE AGGRAVATED MANSLAUGHTER CONVICTION. … OF COUNSEL AND DENIED PETITIONER A FAIR TRIAL. In a supporting certification, defendant contended that had his … stated, "In short, if a factual basis has not been given to support a guilty plea, the analysis ends and the plea must …
default
… the State for a riparian grant. 2 These statements are not supported by any documents in the record. 3 Joseph McNamara, … arguments. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … the Association. "Standing is a threshold justiciability determination of whether [a] plaintiff is entitled to initiate …
default
… A SEPARATE TRIAL. POINT II AS THERE WAS RATIONAL BASIS TO SUPPORT THE LESSER INCLUDED CHARGE OF PASSION 3 A-1144-18 … whom she was with, and what she was doing at all times, supports the State's contention that he was obsessed with … the jury on passion/provocation manslaughter, leaving the determination of the remaining elements to the jury.'" State …
njcourts.gov
… its independence from the government . . . ." In his supporting affidavit, Rahulan stated that he "did not … deference to a trial court's factual findings that are supported by substantial credible evidence in the record, 13 … "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
njcourts.gov
… gave due deference to the municipal court's credibility determinations. The judge agreed with the MCJ's credibility … allowing doctors to possess syringes. The record does not support this assertion. Nor does it support the self- … boils down to a disagreement with the court's credibility determinations. We generally defer "to trial courts' …
default
… contracts, "if the controlling language of a policy will support two meanings, one favorable to the insurer and the … and/or carelessness in the breach of the duty of care. In support of this assertion, plaintiff points to the April 18, … L.P., 700 F. Supp. 2d 1003, 1011 (N.D. Ill. 2010), to support its position that RLI is obligated to evaluate its …
njcourts.gov
… 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 …
njcourts.gov
… Franklin died on August 5, 2015. She was survived by three children, DeFazio, Louise Soden, and Kelly Ann Bell. It … and her daughter, Samantha Koch, filed certifications in support of DeFazio's claims. On April 13, 2017, the judge … the monies in the account to Soden. We note that factual determinations "made by the trial court sitting in a non-jury …
njcourts.gov
… resolution approving the application and remand for a new determination on the application's merits. For completeness, … capriciously, or unreasonably if its findings of fact in support of a grant or denial of a variance are not supported … Bd., 208 N.J. 95, 101 (2011)). Moreover, a board's determinations of questions of law are not entitled to …