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- njcourts.gov… Justice Institute (NJCJI), appearing as amicus curiae, supports defendants’ arguments. NJCJI argues that imposing a … the same standard that governed the trial court’s determination. Samolyk v. Berthe, 251 N.J. 73, 78 (2022). … we owe no special deference to the trial court’s legal determinations. DeSimone v. Springpoint Senior Living, Inc., …
- njcourts.gov… Francis V. Cook argued the cause for respondents (Fox Rothschild, attorneys; Francis V. Cook, of counsel and on the … [;] ensure an increased awareness of safety . . . [;] [and] support an effective workforce diversity . . . program. In … in this case to show any corrupting influence on the determination to do a project labor agreement with the Trades …
- njcourts.gov… suitcase belonged to defendant. Unlike in Johnson, no facts support any other person’s ownership or possessory interest … -- is abandoned.” Id. at 226. We explained that the determination of whether Carvajal knowingly and voluntarily … formally abandoning case law suggesting “that the determination of whether property is abandoned is governed by …
- njcourts.gov… reliance on the subject pre-authorization letters further support Defendants’ arguments in favor of preemption. … coverage terms of the health care plan or require a determination as to whether those terms were properly applied … conditions of each Patients’ individual Plan, or how the determination of the same would not direct the Court’s inquiry …
- njcourts.gov… Subpoena on Bank of America Seeking Information Supporting [Goldberg's] Damage Claim. C. Even Assuming, … Proof of Damages as a Matter of Law. Stolker argues in support of his appeal: I. THE TRIAL COURT ERRED IN NOT …
- STATE OF NEW JERSEY VS. ZARIK ROSE (06-04-0377, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… renew his request to represent himself. In a certification supporting his PCR petition, defendant asserted, "The Court … a PCR court if he or she establishes a "prima facie case in support of post-conviction relief," there are "material … We therefore remand for an evidentiary hearing and a determination whether defendant waived his right to proceed …
- njcourts.gov… the cold record would be unable to make credibility determinations essential to resolving the case. Id. at 607. … the federal courts, we need not remand such discretionary determinations to a new trial judge. Rather, we may … when it appears that the statute of frauds may operate to support rather than to discourage the very wrong it was …
- FRED BONDA VS. CITY OF ELIZABETH, ET AL. (L-1979-13, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… that plaintiff had presented insufficient evidence to support a hostile-work-environment theory under CEPA. … this analysis because if there was sufficient evidence to support the jury's verdict, the … FRED BONDA VS. CITY OF …
- njcourts.gov… money from the Green Dot account. E. Summation In support of the contention that defendant did not commit the … court gives "great deference" to a trial court's determination on the admissibility of "other bad conduct" … a "clear error of judgment" to overturn the trial court's determination. State v. Castagna, 400 N.J. Super. 164, 182-83 …
- STATE OF NEW JERSEY VS. SIWAN R. BROWN (15-09-1253, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to those factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … to defer to clearly mistaken findings . . . that are not supported by sufficient credible evidence in the record." …
- njcourts.gov… with the process. He found no indication in the record to support a theory that either Satec or Honeywell would have … malpractice." Plaintiffs' counsel filed a certification in support of an application for attorney's fees and costs …
- njcourts.gov… care because the procedure was not medically necessary. In support of these claims, plaintiff presented testimony from … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
- njcourts.gov… offense," as "the triggering date for the remoteness determination." According to defendant, "[t]his was an … that evidence having the burden of proof. In making that determination, pursuant to N.J.R.E. 609(b)(2), "the court may … periods," 957 F.2d 162, 168 n.4 (5th Cir. 1992), to support its decision, the court pointed to "the change in …
- njcourts.gov… BY ADMITTING THE FBI AGENT'S MISLEADING BLOWN-UP MAP IN SUPPORT OF HIS OPINION TESTIMONY. 5. THE PREJUDICIAL IMPACT … the relevant analysis before turning to the evidence that supports the prosecutor's remarks. In reviewing a claim of …
- STATE OF NEW JERSEY VS. VANDANA RUPANI (7-19, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … B. We also discern no error in the Law Division judge's determination that defendant was not deprived of her right to … during the trial. We are satisfied this determination is supported by the credible evidence in the record. The judge …
- STATE OF NEW JERSEY VS. WANDA ANTHONY (14-06-0412, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a trial court's evidentiary rulings and uphold its determinations 'absent a showing of an abuse of discretion.'" … in making its detailed factual findings, which were amply supported by the record, or in ruling that the out- of-court … and injured, and further determined that (1) the evidence supported the prosecutor's premise that defendant indeed …
- njcourts.gov… in any way responsible for the contamination. With the support of amicus, Fuel Merchants Association, Woodruff … and total lead. Hopkins stated that his conclusion was also supported by field readings he took near the UST. The …
- njcourts.gov… plaintiff's counsel indicated in writing he required a determination in order to further litigate the matter. On … arguments, the court concluded it made adequate findings in support of its October 2017 order and plaintiff's … was previously remanded by the Appellate Division for a determination by the [t]rial [c]ourt in the plaintiff's …
- njcourts.gov… a trial [judge's] evidentiary rulings and uphold its determinations 'absent . . . an abuse of discretion.'" Scott, … Ibid. Evidence of a structure within the enterprise "support[s] the inference that the group engaged in carefully … was a member of the Herd or Shore Dogs, a then Pagans "support group." 17 A-2203-18 Glick further testified about …
- STATE OF NEW JERSEY VS. LUIS ALMONTE (16-07-0112, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… is clearly relevant to material facts at issue in the determination of defendant's guilt of the charged offenses, … evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … for the witness or refer to matters outside the record as support for the witness's credibility." Walden, 370 N.J. …