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- A-69-18 Opinionnjcourts.gov… damages. The New Jersey State Bar Association fully supports defendants’ position that the TCA applies to claims … plain language of the statute, we note that extrinsic aids support our conclusion. The California Tort Claims Act, on … We find his reliance on Ayers unsound and his argument in support of a new category of damages in legal malpractice …
- A-67-18 Opinionnjcourts.gov… a sufficient basis from which the jury could infer it supported the State’s case against defendant.” In light of … created through reference to the anonymous woman. In support of defendant’s position, the Public Defender adds … Gannon, when she heard screams from upstairs where her twin children were sleeping. 182 N.J. at 343. An intruder sucking …
- A-55-18 Opinionnjcourts.gov… 803(c)(6). (pp. 28-31) 6. The summary judgment record fully supports the determination that Investors had the right to enforce the Note … of rights that gave rise to this appeal. 2. To make that determination, we look to N.J.S.A. 12A:3-309’s legislative …
- A-27-18 Opinionnjcourts.gov… and the Appellate Division affirmed. We agree with those determinations and affirm the Appellate Division judgment in … 5 The plain language of the deemer statute does not support the interpretation being advanced; in fact, … coverage of $15,000/$30,000. NJAJ offers two arguments in support of AAA’s position. First, it points to the first …
- A-19-18 Opinionnjcourts.gov… Amendment’s requirement that a warrant to search a home be supported by a showing of probable cause. Id. at 324. The … in schools outweighed “the privacy interests of schoolchildren.” 469 U.S. at 341. In that case, the Court upheld a … that victims of domestic violence -- such as spouses, children, and parents -- received the “maximum protection” …
- A-48-16 Opinionnjcourts.gov… cognizable under the Civil Rights Act. The record does not support a 1 The board of adjustment typically has the … granted summary judgment because the evidentiary record supported the basis for a violation of a substantive right … nothing “short of an unambiguously conferred right” will support a cause of action under the federal civil rights …
- A-28-16 Opinionnjcourts.gov… defendant fell asleep. Jessie then left to pick up her children from a movie and took them to another house she … four). Before trial, the State sought a preliminary determination of the admissibility of Jessie’s testimony that … not reversible error because “the jury’s verdict is amply supported by overwhelming evidence in the record.” B. …
- A-71-15 Opinionnjcourts.gov… November 20, 2008, precedent was not sufficiently clear to support a conclusion that Detective Steet violated clearly … intrusion upon Brown’s constitutional privacy rights unsupported by genuine exigency to justify the action. Ibid. … immunity to be inapplicable, the panel remanded for a determination of damages against Detective Steet. Id. at …
- A-5-15 Opinionnjcourts.gov… holds that the trial court’s finding of inadvertence is supported by credible evidence in the record. The Court … court’s finding that the discovery was inadvertent was supported by sufficient credible evidence in the record, and … the inadvertence prong. According to the panel, the record supported the trial court’s finding that defendant’s traffic …
- A-10-13 Opinionnjcourts.gov… justify an adverse inference charge since any facts or data supporting the expert’s opinion must be disclosed in his or … or not an adverse inference should be drawn is for your determination based upon the principles that I have just set … and the Appellate Division reversed the trial court’s determination. Washington, supra, 430 N.J. Super. at 123. The …
- A-26-12 Opinionnjcourts.gov… for injuries sustained in the July 5, 2007, accident. In support of his claim, James primarily relied upon N.J.S.A. … intent to retroactively apply new legislation, or the determination that a statute is clearly curative, the impact … that impact. Insurers cannot cry foul for the legislative determination to implement a mid-policy alteration for …
- A-8-12 Opinionnjcourts.gov… “I have a bomb” and “Give me the money” was insufficient to support a finding of guilt on the first-degree robbery … judgment of acquittal by “conjuring” negative inferences to support its conclusion that a reasonable person would not … In Hutson, supra, we found the evidence insufficient to support a conviction of first-degree robbery based on the …
- A-101/106-11 Opinionnjcourts.gov… to submit while at Ancora. Sufficient evidence exists to support Gormley’s claim that defendants acted with … under the state-created-danger theory. Id. at 440. In support of that theory of constitutional liability, the … S. Ct. 1678, 14 L. Ed. 25 2d 510 (1965); the right to have children, Skinner v. Oklahoma ex rel. Williamso … …
- njcourts.gov… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … not only to principles of property valuation, but to the determination of the true market value of property is … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
- 006903-2020 Opinionnjcourts.gov… tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” Under … a settlement if it is not satisfied that the proofs offered support the entry of a judgment. For that reason, such … . . . Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case.” Watkins …
- 015626-2014 Opinionnjcourts.gov… January 2007, the court affirms the Director’s final determination. The tax imposed for the other years under audit … 11, 2013, a notice of assessment related to final audit determination (“assessment”) was issued which plaintiff … not required to state all possible grounds and theories to support he assessment, and should not be precluded from …
- 013941-2018 Opinionnjcourts.gov… This opinion decides plaintiff’s challenge to the final determination of defendant, Director, Division of Taxation … moved for summary judgment claiming that his final determination should be upheld since the NRDF should be … it is defending against; how else would 8 In its brief in support of its cross-motion, Erez footnoted that the …
- 013380-2018 Opinionnjcourts.gov… contends that (1) the plain language of Subparagraph E supports its methodology wherein the entire amount of an NOL … In a separate Notice of Assessment Related to Final Audit Determination for tax years 2010 and 2011, Taxation found that … credits. Plaintiff protested the refund denial and audit determination to CAB. It argued that the NOL carryover period …
- BER-L-7752-17 Opinionnjcourts.gov… that the expert ‘give the why and wherefore’ that supports the opinion, ‘rather than a mere conclusion.’” … net opinion if the expert “cannot offer objective support for his or her opinions, but testifies only to a … extra required step in Union City for obtaining the rent determination. However, Matovski testified that he made the …
- A-0525-18T4 Opinionnjcourts.gov… by sporting groups and persons who partake in or otherwise support such hunting. See, e.g., U.S. Sportsmen's All. … by disallowing recreational bear hunting on those lands. In support of those claims, appellants point to correspondence … in administrative rulemaking in making such a proprietary determination. As an important caveat, Safari Club does …