-
njcourts.gov
… Legislature amended the refusal statute to effectuate its determination that interlock devices served as a greater … N.J. at 522, we consider two questions to assist "in the determination whether a court should apply a statute … after December 1, 2019. Our conclusion on this point finds support in two recent decisions of the Supreme Court. In …
-
njcourts.gov
… to meet this objective, the Township should continue to support the district with public parking facilities, and the … bakeries, and nonalcoholic beverage bars. II. A In support of its application, Kensington presented the … on the use. Gregory noted the Board's concern "about school children and maybe the traffic 18 A-1010-19 during that …
-
njcourts.gov
… factors and assigned too much weight to marginally supported estimator factors." In essence, defendant argues … fails to issue an identification instruction, "[t]he determination of plain error depends on the strength and … evidence in the case that you consider relevant to your determination"; that it may consider "all of the circumstances …
-
njcourts.gov
… instruction may constitute plain error," that "determination . . . depends on the strength and quality of the … imposing sentence. The scope of our review of sentencing determinations is limited and highly deferential. See State v. … consecutive sentences although "the only factor that support[ed] consecutive sentences [was] the presence of …
-
njcourts.gov
… of the parties), the trial court noted, Defendant argues in support of her motion for an award of attorneys['] fees that … opposed to unsupervised and equal parenting time for the children at a time when the defendant had completed … 11 A-1776-20 1992)). "We will disturb a trial court's determination on counsel fees only on the 'rarest occasion,' …
-
njcourts.gov
… to provide architectural and engineering services and support, and with defendant Natkin & Company to provide the … various stages of the work, turning on fact-sensitive determinations and various analytic approaches to construction … role other than manufacturer of the product that requires determination and allocation of liability by the jury. But …
-
njcourts.gov
… bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" In re Taylor, 158 … recognizes that, as both parties assert, cases exist to support either side's position regarding principles of … law, such as common law. The available legislative history supports DEP's position. In the 2001 Senate Environment …
-
njcourts.gov
… We likewise conduct a plenary review of the trial court's determination of a dismissal motion under Rule 4:6-2(e). … decision in Ryan. Plaintiff neither cross-moved nor filed a supporting certification to support her argument. Instead, plaintiff summarily argued …
-
njcourts.gov
… Person in Permit Records Was Misleading and Insufficient to Support [Defendant's] Conviction. [B]. In the Alternative, … Defendant and Jade2 married in 2015. Jade had two teenage children from a previous relationship whom defendant helped … relies on a purely legal question, . . . we review that determination de novo." Twiggs, 233 N.J. at 532. 15 A-5622-18 …
-
njcourts.gov
… Act, and that there were no facts in the record to support the notion that plaintiffs contributed to Palermo's … plaintiffs argue the court correctly concluded the jury's determination that plaintiffs were justified in relying on the … Further, its conclusion that the jury's determination that plaintiffs reasonably relied on Woodward's …
-
njcourts.gov
… then denied the State's application as to "the ultimate determination." With respect to the recorded phone calls to … factual findings of the trial court if those findings are supported by sufficient credible evidence in the record." … Fundamental constitutional principles govern this determination. "The United States Supreme Court clarified the …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … on whether to impound a vehicle,4 the careful and well-supported analysis in Rodriguez provides a solid foundation … rationale for the automobile exception. That argument is supported by neither the plain language of Witt nor the …
-
njcourts.gov
… years. On appeal, plaintiffs challenge the trial judge's determination that their use of cameras and a radar speed … to relocate the school bus stop utilized by defendants' children away from the end of their driveway to a location … defer to the trial judge's factual findings that are well-supported by competent evidence in the record. See Brunson …
-
njcourts.gov
… 2020, the judge issued a written statement of reasons that supported orders (the August 2020 orders) denying 3 At some … suggested she could not revisit the issue because "[t]hat determination ha[d] not been challenged by any party" and "it … [not] be proper for [her] to . . . overrule that factual determination . . . without someone having asked me to." But …
-
njcourts.gov
… into a final judgment. The court found that the jury's determinations of fraud, breach of contract, and 11 A-2275-22 breach of fiduciary duty were "amply supported by evidence in the record." Nevertheless, the … those three individuals becoming members. In making that determination, the court noted that the parties had agreed …
-
njcourts.gov
… call them a "conscious strategic decision" that could not support an allegation of ineffective assistance). Applying … see Coruzzi, 189 N.J. Super. at 321, nothing in the record supports the conclusion counsel's failure to call any … given almost a year prior to defendant's conviction, which supported defendant's third-party guilt defense. …
-
njcourts.gov
… or was late in paying certain loans extended by Privcap. In support of this claim, Majek asserted that on March 12, … proof that Norse was insolvent at the relevant time. In support of this claim, Majek relies almost exclusively on … Nexus and Privcap are based on nothing more than Majek's unsupported supposition and conjecture. In response to Majek's …
-
A-34-24 Petition For Certification
Briefs
njcourts.gov
… Division affirmed the trial court’s duty-to-defend determination. (Pa22.) When it initially accepted coverage in … terpretation of the language, courts apply the meaning that supports coverage rather than the one that limits it.” … construe” the exclusion and “apply the mean- ing that supports coverage,” Flomerfelt, 202 N.J. at 442, the panel …
njcourts.gov
… the class without sufficient factual findings and legal determinations, and apparently misapplied our decision in … waiver provision. The court did not address its prior determination that defendants waived enforcement of the class … nor can we identify any specific factual or legal findings supporting the court's reversing its prior order and …
njcourts.gov
… then made a series of factual findings and legal determinations in a concise, but comprehensive oral statement … "Generally, . . . a trial court's factual findings in support of granting or denying a motion to suppress must be … Probable cause "requires 'a practical, common[-]sense determination whether, given all of the circumstances, "there …