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… application of the loss on Shechtel's 2010 return. In support of its order, the Tax Court issued a comprehensive … of law. The Division cross-appealed from the Tax Court's determination that it was not entitled to interest or … For the reasons that follow, we reverse the Tax Court's determination as to Shechtel's tax liability and affirm its …
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… to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. … 186 (2013)). We owe "no special deference to the judge's determination of [the enforceability of an arbitration … forum—a retired California judge or justice—in a manner supporting a 18 A-3018-18T1 finding there was a meeting of …
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… notes. Defendant moved for a new trial arguing the notes supported his duress defense and the State was grossly … The court therefore invokes R[ule] 1:1-2 to secure a just determination, simplify procedure and eliminate unjustifiable … (citations omitted). "Appellate review is limited to a determination of whether the trial court could reasonably have …
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… contention in Point I and affirm the court's pretrial determination denying defendant's motion to suppress the gun … vehicle on the side of the road closest to defendant. In support, defendant primarily relies on State v. Rosario, 229 … judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. …
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… possible diagnosis, where a regular diagnosis would be one supported by evidence. He noted that while some of the … treatments, shall, within [twenty-four] hours after his determination of such fact, report the same to the Director of … "within [twenty-four] hours after [the physician's] determination" that the conditions persist and recur despite …
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… defense and that it was not the jury's duty to make that determination. Defense counsel requested the court advise "the … "is any reason that you would have any 2 The court's determination that HIPAA precluded defendant's proposed voir … the court nor the State cited to any HIPAA provision supporting the court's determination. 9 A-2498-17T1 …
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… the damaged part of the road that caused the accident." In support of William's liability assertions against NJT, his … railroad tracks caused William's accident. The judge's determination that Kreuger's testimony was only speculative … defect which caused William's accident is a credibility determination to be made by a finder of fact and not a legal …
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… who lived in the home with his mother, Rivera's three other children, and Vega's two children. After appropriate … changes tack and now argues the search warrants were not supported by requisite probable cause.9 The argument … courts 'accord substantial deference to the discretionary determination resulting in the issuance of the [search] …
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… PROBABLE CAUSE 3. POLICE LACKED REASONABLE SUSPICION TO SUPPORT A TERRY STOP AND FRISK POINT II DEFENDANT'S ALLEGED … 192 N.J. 244. Relatedly, a trial judge's credibility determinations should be upheld if such determinations are supported by sufficient, credible evidence. …
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… are required to make an adequate legal argument" in support of the issues they raise. 700 Highway 33 LLC v. … public assembly risk management expert's report, supported a conclusion that the MCIA's exercise of … was made in the face of competing demands and its determination was not palpably unreasonable." The judge found …
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… and 4 Mestek has supplied us Steingart's certification supporting the reconsideration motion. But we do not have Atlantic's supporting brief, and no oral argument was heard. We gather … Id. at 1019. For two reasons, the case does not support enforcing Mestek's website terms. First, the …
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… not militate such a finding. In Shah's opinion, Gerbig's determination of the town's responsibility for waste on lot 28 … appeal followed. II. When we review a trial court's final determination in a non-jury matter, we do "not disturb the … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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… the RICO claim. We reject, however, the trial court's determination that plaintiffs' common law causes of action … by the enterprise members violated insider-trading laws and support their RICO claim. A-0963-12T1 17 According to … Kynikos and Third Point also sought a choice- of-law determination, arguing New York law both governed plaintiffs' …
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… The Court explains how N.J.S.A. 2C:39- 5(h) and (i) support that analysis. Most importantly, though, if the … of other provisions within N.J.S.A. 2C:39-5. In support, defendant emphasizes that subsection (j) expressly … enhancements apply only to sentencing -- “[t]he judicial determination 19 of the penalty for a crime,” Black’s Law …
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… we see no abuse of discretion in the trial court's determination to reduce the amount of fees sought by … because plaintiffs failed to file an affidavit of merit to support an allegation of professional negligence, as … concluded that plaintiffs had alleged sufficient facts to support their other causes of action against 11 We note …
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… court found "the undisputed facts of the case" failed to support plaintiffs' negligence claim because defendants sold … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … the exceptions, the Court focused on the legislative policy supporting equine activities. Id. at 203 (citing N.J.S.A. …
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… basis that the State had presented insufficient evidence to support a conviction. During deliberations, pursuant to a … 357, 364 (App. Div. 2019). This includes a trial court's determination regarding the qualifications of an expert and … testimony, there was overwhelming sufficient evidence to support the jury's finding of guilt on the CDS charges. …
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njcourts.gov
… 2B:13-1 to -15. The court reviews the actions and determinations of assessors and county boards of taxation with … on October 1, 2005. The Management Office provides the support services necessary for the efficient functioning of … testimony unreliable, and on appeal, such unreliability determination can only be reviewed for abuse of discretion. …
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… to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … they owned and netted $175,953.81 from the sale, supporting their claim they had assets. According to Ahmed, … relationship," and their resolution required a determination of the amount of rent owed. The slander …