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A-3039-18T3 Opinionnjcourts.gov… court "erred in passing judgment" on the hospital's SPAE determination because under the PSA, the court has no role in reviewing a health care facility's SPAE determination. Id. at 246-47. The Court also held that the … would be "overly burdensome." The record does not, however, support that claim. Moreover, NMC has conceded that an …
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A-5192-16T4 Opinionnjcourts.gov… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
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A-4640-17T1 Opinionnjcourts.gov… attendant to litigating this matter in Kansas support invalidating the parties' forum selection clause. …
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A-4898-17T4 Opinionnjcourts.gov… the trial de novo demand. Defendant cites to Vanderslice to support this argument, arguing "[t]he Supreme Court …
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A-1622-17T2 Opinionnjcourts.gov… EXCESSIVE SENTENCE REQUIRING REVERSAL. A. ALTHOUGH SUPPORTED BY AMPLE EVIDENCE IN THE RECORD, THE JUDGE … other jurors to ensure the impartiality of the jury. That determination should be explained on the record to facilitate … for her departure. Our Supreme Court cautioned the "determination that the reasons for the removal of [a juror] …
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A-1474-18T1 Opinionnjcourts.gov… not point to any objective credible medical evidence" in support of her claim. She also failed to provide the … deemed to have waived any challenge to the trial court's determination that she failed to show her injuries satisfy the …
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A-2628-18T4 Opinionnjcourts.gov… restored had plaintiff filed a timely motion to reinstate supported by "a one paragraph certification." The court did … that our court rules shall be construed to secure a just determination, simplicity in procedure, fairness in … as "a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits." …
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A-1978-20 Opinionnjcourts.gov… following facts are derived from the evidence presented in support of, and in opposition to, Bystrowski's motion for …
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A-2227-19 Opinionnjcourts.gov… of the adjournment motion papers and the judge's reasons in support of his ruling on that motion. 4 There is nothing in … state of mind and the objective component requires a determination whether the deprivation was sufficiently …
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A-0234-19 Opinionnjcourts.gov… Motor Inn. Defendant's wife, Deshannon Simpson, and her two children had been staying in Room 108, which defendant … rear. Because they previously observed Ms. Simpson and two children, the officers believed that other individuals could … was not overwhelmingly prejudicial. Nothing in the record supports the conclusion that the admission of the evidence …
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A-4040-18/A-4456-18 Opinionnjcourts.gov… concluded that Willis' had not made a prima facie claim in support of post-conviction relief, State v. Preciose, 129 1 …
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A-1227-19 Opinionnjcourts.gov… to the evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … court's findings of fact, especially when credibility determinations are involved, we do not defer on questions of …
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A-2141-19 Opinionnjcourts.gov… valid, we defer to its judgment "so long as its decision is supported by the record and is not so arbitrary, … That section of the Rule, however, applies to "a determination of a planning board or board of adjustment , or …
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A-4742-18 Opinionnjcourts.gov… liability.1 Because Mercado contends, with some evidentiary support, that the accident was caused by defendant bus …
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A-3722-18T3 Opinionnjcourts.gov… not timely, but did not make adequate factual findings to support the ruling and failed to address plaintiff's … disputed issues of material fact is necessary for any determination as to whether relief from the judgment is …
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A-1367-20 Opinionnjcourts.gov… conclude Mountain Creek's argument that the Ski Statute supports enforcement of the indemnification provisions is …
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A-3711-09 / A-0360-10 Opinionnjcourts.gov… owners filed a motion to intervene in the arbitration. They supported their application with certifications attesting to … arbitration is BOA" although it also conceded that "a determination in this arbitration about the quantum of money … arbitration. Ibid. Further, there has been no final determination on the merits of the dispute which gave rise to …
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A-4932-17T4 Opinionnjcourts.gov… the two mitigating factors. We agree with the PCR judge's determination because defendant's past criminal record … 321 N.J. Super. 154, 170 (App. Div. 1999). The record amply supports the PCR judge's findings and conclusions. Defendant …
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A-3538-18 Opinionnjcourts.gov… 117 N.J. 402 (1990)] considered several factors that would support the reasonable juror's finding such as "the quantity … The court may consider several factors in making its determination of whether a defendant is intoxicated to the … led to his arrest. We discern no error in the court's determination that defendant was not so intoxicated to reach a …
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A-2830-19 Opinionnjcourts.gov… counsel, alleging the amended complaint was frivolous. In support of its motion, defendant argued that before … as a matter of law." Self-serving assertions that are unsupported by evidence do not give rise to a genuine issue of …