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- A-5177-17T2 Opinionnjcourts.gov… of the original complaint or the certifications filed in support of any of plaintiff's motions. 6 A-5177-17T2 While … plaintiff relied upon discovery obtained in Dugan to support his complaint's factual contentions. Citing to that … that the denial of (b)(2) class certification in that case supports the same result here, we conclude such reliance is …
- njcourts.gov… does violate 8.4(c). No party has challenged the ACPE’s determination of the second question. The Court granted … 8.4(c). Id. at 2156. No party has challenged the ACPE’s determination of the second question, which is why only the … search engine.” Miko concluded, without offering empirical support beyond the cited surveys, “given the complexity of …
- A-9-12 Opinionnjcourts.gov… FTV because he did not engage in any conduct that could support a finding of equitable estoppel. The panel noted … to allow the parties to present evidence and arguments in support of their claims. Id. § 12600. After the hearing, the … Pittella, 205 N.J. 572, 587 (2011). We review those legal determinations de novo. See Manalapan Realty, L.P. v. Twp. …
- A-0080-20 Opinionnjcourts.gov… utilized by the clerk in order to arrive at his [or her] determination. In the absence of such statutory direction, a … A-0080-20 17 Thus, the clerk is charged with making two determinations: (1) the actual number of votes cast in the … the opportunity to move one election, but not the other. In support, defendant cites N.J. Democratic Party v. Samson, …
- A-4207-19T4 Opinionnjcourts.gov… judge would be unable to reach an informed reliability determination at the Frye hearing as part of his gatekeeping … Id. at 594, 597. A-4207-19T4 7 source code and supporting software development and related … to the judge's threshold gatekeeping reliability determination of whether the science underlying the proposed …
- A-3586-19T4 Opinionnjcourts.gov… Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support of that request, defendant attached character … other cases mentioned] in the trial court's original determination." Pursuant to our order, the trial court … the permitted 'prosecutorial influence on the sentencing determination'." Id. at 148 (quoting State v. Todd, 238 N.J. …
- A-4042-19T3 Opinionnjcourts.gov… hours during which treatment was delayed would not support a verdict in excess of the $30,000 already paid to … tortfeasors, is a vestige of the common law and has no support in our current jurisprudence. We therefore reverse … caused by the successive tort that matters. We find no support for the Medical Defendants' general proposition that …
- A-0604-18T2 Opinionnjcourts.gov… the Division's investigation, defendant and his wife made unsupported claims Farghaly, who is unmarried and has no children, asked defendant if her husband or male companion, … of Farghaly and Elashkar was central to the jury's determination, the introduction of highly prejudicial evidence …
- A-2111-18T3 Opinionnjcourts.gov… 92 N.J. at 400. Defendant mistakenly cites Mirza to support its contention that a commercial landowner's duty to … foreseeable harm to others." Ibid. Finally, Qian, does not support defendant's position. Like Mirza, Qian did not … not bound by those decisions, but they provide additional support for our holding. The opinions rejecting a …
- A-2552-19 Opinionnjcourts.gov… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … to prove or disprove any fact of consequence to the determination of the action." Here, the testimony that the … Defendant relies on a line of out-of-state cases as support for his contention that police testimony about a …
- A-0537-19 Opinionnjcourts.gov… at a youth correctional facility due to his age and family support. The State's brief indicates that defendant is … We believe the trial court's findings of fact and law are supported by credible evidence in the record and we have no … the questions of a defendant may be material in making a determination as to whether defendant has been subjected to …
- A-3945-18 Opinionnjcourts.gov… area surrounding the intersection also included an early childhood development center and Camden High School. … he was familiar with the area. He stated he knew two children were riding on their bikes because when Sarson was … the person shown. But additional evidence in the record supports the judge's decision that defendant's confession …
- A-4408-18 Opinionnjcourts.gov… and "warned later," invalidating his Miranda waiver. He supports this argument by highlighting that the same … he was 22 A-4408-18 confronted with an implied threat his children would be removed from his care and he was not … N.J. 22, 47 (2019). This deference extends to a court's determinations based not only on live testimony but also when …
- A-4639-18 Opinionnjcourts.gov… of liability and sought reformation of the Guaranty. In support of its cross-motion, plaintiff submitted a … "An appellate court reviews de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … in the record, and we see no reason to disturb his determination. VIII. Next, defendants contend that Judge Booth …
- A-41-20 Opinionnjcourts.gov… that dicta in State v. Twiggs, 233 N.J. 513 (2018), supports his statutory interpretation of “in possession,” … on a purely legal question, however, we review that determination de novo.” Ibid. Particularly in the … physical evidence of a crime.” Id. at 521. Although that determination is not relevant to the circumstances of this …
- A-58-19 Opinionnjcourts.gov… of prong two and make additional findings of fact that support a determination that the prong has been satisfied, or not, in … is gender neutral. See N.J.S.A. 2C:14-2. 16 III. Our determination of the appropriate standard in assessing whether …
- A-53/22-19 Opinionnjcourts.gov… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …
- A-34/35-19 Opinionnjcourts.gov… is an important factor to be considered in the determination of apportionment. Otherwise, the Court affirms … presented neither evidence nor argument during trial to support 4 Although the court addressed the merits of … the safety and lives of people, old and young, women and children, locked up . . . in the coach or rail-car, …
- A-24-19 Opinionnjcourts.gov… Division’s judgment, which affirmed the liability determination but remanded for a new damages trial. 3 We now … and plaintiff did not cross-petition to challenge that determination. 12 development of securities law in New Jersey … substance and cites McCann v. Biss, 65 N.J. 301 (1974), as supporting that proposition. Plaintiff grounds his …
- A-22/53-19 Opinionnjcourts.gov… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …