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… clause expressed the parties' "intent" to refer the determination of arbitrability to the arbitrator. Moreover, … so by the Sixth Circuit and I agree with [its] determination. The motion court therefore ordered that … under the Federal Arbitration Act." Accordingly, the record supports the motion court's finding that the parties entered …
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… further concluded that the Monsey Rabbinical Court's determination "included referring the matter back to Rabbi … of final judgment confirming the arbitration award. In support of that motion, plaintiff's attorney certified that … he "would make that decision after the tribunal made its determination as to the format of the proceedings." The …
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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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… 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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… verified complaint and certifications which were filed in support of the application for restraints in front of [the … in which the defendants were then engaged. It was also supported by emails from [Jay] Williams to Pulte and, …
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… an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … counsel effectively subverted his prospective waiver." In support of that contention, defendant states in his PCR 14 …
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… PROVISION WAS PROCEDURALLY UNCONSCIONABLE WAS NOT SUPPORTED BY ADEQUATE, SUBSTANTIAL AND CREDIBLE EVIDENCE. A. … (quoting Rudbart, 127 N.J. at 353). "The 15 A-2421-22 determination that a contract is one of adhesion, however, 'is … arbitration provision on unconscionability grounds was not supported by adequate, substantial, and credible evidence. …
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… to defendants, arguing that the law and facts do not support summary judgment. In another argument, plaintiff … and rejected plaintiff's contentions because they were not supported by evidence, and the undisputed material facts …
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… 2 and Conservation Officer 3 "to provide law enforcement support to allow for the harvest of oysters from [the] … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … on other grounds, 244 N.J. 1 (2020). "[If] an agency's determination . . . is a legal determination, [the appellate …
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… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … and stress, must not be "speculative" and must be "supported by affidavits or certifications based upon the …
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… decedent died intestate. Decedent never married, had no children, and was not survived by a parent, sibling, or … Takach Scheper, executed renunciations of administration in support of DiPaolo's application for administration. 3 … to forego applying the doctrine of unclean hands was supported by substantial credible evidence in the record and …
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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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… prejudice.1 Because we see no error in the trial court's determination that plaintiff failed to file an affidavit of … also revives the argument proffered to the trial court in support of the reconsideration motion that the required … care facility." We affirm the trial court's threshold determination that Rose Garden is a health care facility …
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… responded to Route 52, stating Section 106.20 "clearly support[ed] that proceeds and adjustments to any BR[I] claim … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… difference between the $587,986.40 the detective alleged supported the money laundering charges and the more than … presented sufficient evidence before the grand jury to support the charges of financial facilitation in accordance …
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… sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State … defendant. His analysis of the Yarbough factors supported consecutive sentences. II. The other arguments …
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… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … provision. Additionally, we note plaintiff has not provided support for the proposition that a failure to comply with … argument that defendant knew about the lawsuit is unsupported by the record. See Viviano, 101 N.J. at 552. …
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… "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … full protections contemplated by the PDVA. Based on these determinations, we reinstate plaintiff's complaint and TRO and … we decline to decide this issue and leave this determination to the discretion of the trial court on remand …
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… judgment. 7 A-2670-22 Defendants made several arguments in support of summary judgment: plaintiff failed to adduce … law. Plaintiff responded, contending the damages claim was supported by: the conversations between plaintiff and …
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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; see also State v. …