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… for the practice of dentistry, the Board 's final agency determinations, when issued, are entitled to our deference. … the practice of dentistry." The NJDA further argued that determinations on the scope of the practice of dentistry were … record or in any minutes of the Board which would support the conclusion that the techniques and/or …
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… contribution fees. The motion, which defendant opposed, was supported by a certification from Holiday City's counsel … XI, § 101.1. (emphasis added).] In these appeals, Berkeley supports Holiday City's argument that only persons …
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… State v. Rodriguez, 365 N.J. Super. 38 (App. Div. 2003), in support of his argument is misplaced. In Rodriguez, the … error as there was overwhelming evidence in this case to support the jury's guilty verdict. Because we reject each of …
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… 154 N.J. 394, 411 (1998). "[W]e do not overturn those determinations unless the court abused its discretion, failed … legal principles or made findings inconsistent with or unsupported by competent evidence." Storey v. Storey, 373 N.J. … 154 N.J. at 413. We must defer to the judge's factual determinations, so long as they are supported by substantial …
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… maintain a healthy lifestyle and to set a good example for children in the schools where she worked. Abraham testified … Club. [Abraham] told her [ the school] had enough staff to support morning care and that she could attend if she would … morale . . . ." We first address the compensation judge's determination that the injury was not compensable under the …
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… most favorable to the petitioner, there is prima facie support for post-conviction relief. R. 3:22-10(b). To … reasonable strategic choice. Such strategic choices do not support a finding of deficient performance. Fritz, 105 N.J. … severance under 5 The State has not cross-appealed that determination. 18 A-3905-19 the case law would have …
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… He also described being evaluated in 2009 resulting in a determination that he was "not competent" but reevaluated two … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … counsel to plead guilty and to not withdraw his plea are unsupported by the record. In defendant's pro se PCR petition, …
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… the repayment of these loans. The promise to repay was supported by mortgages held by the bank on defendants' … due the bank. His predecessor also did not make this determination but he came the closest when he found, as … we, however, now recognize the need for a precise determination. Until there is a definitive finding about what …
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… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones, 230 N.J. at … substantial compliance factors identified in Galik do not support a finding of substantial compliance by the Board. … deficiencies of the August 2, 2018 letter are too great to support the application of a substantial compliance …
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… do not disturb a trial judge's factual findings if they are supported by adequate, substantial, and credible evidence. … information, not as a trade secret. Although the determination of whether information constitutes a trade … at 169, confidentiality is not a required element for a determination that information is proprietary, Rousseau, 417 …
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… was not a "natural" condition on the land). We see no legal support for John's contention that the piñata was an … whether the incident was objectively foreseeable. Such a determination is for the jury to decide using the ordinary … matters implicated in the motion, including the reasons in support of the denial, are not precluded"). The law of the …
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… Nacamuli and Hawke. Our review of a trial court's legal determination is plenary. D'Agostino v. Maldonado, 216 N.J. … or damage from animals. The statutory language does not support this cramped application. Merely because the statute … Anderson LLP v. Carlisle, 556 U.S. 624, 631 (2009) in support of the trial court's order requiring plaintiff to …
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… in her taxi at the time of the accident – a woman and two children. Because Calopina's passengers left the scene of … judgment action against KnightBrook, seeking a judicial determination KnightBrook had an obligation to defend and … the second Hager variable superfluous. The facts in Hager support this distinction between the two variables. In …
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… the causation of the injury to begin with was. In order to support a causal connection between the act complained of … OF MATERIAL FACT SHOULD HAVE BEEN SUBMITTED TO A JURY FOR DETERMINATION. II. THE TRIAL COURT ERRED IN FINDING THAT A … a "motion for summary judgment should be denied when determination of material disputed facts depends primarily on …
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… for Comtron in any of the pending litigations—as further supported by . . . Wiesner's continued claims—by … Westfield, 17 N.J. 67, 76 (1954). "[E]vidence submitted in support of a motion for summary judgment must be …
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… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … and defendant has not established a prima facie case to support an ineffective assistance of 18 A-0396-21 appellate …
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… conclusion was consistent with the applicable law and supported by ample evidence in the record. When defendant … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." …
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… [the trial court's] 9 A-2587-21 decision, provided it is supported by credible evidence in the record.'" State v. … may be a component of this assessment. We find nothing to support the conclusion two separate statements, made one …
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… Our review of the record, however, reveals sufficient support for the conclusion that defendants were subject to … N.J. at 447. Our review of the record reveals insufficient support for the trial court's conclusion that defendants …
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… the facts and circumstances reflected in the evidence support any inference. You are always free to draw, or to … the facts and circumstances reflected in the evidence support any inference. You are always free to draw, or to …