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njcourts.gov
… based on the Dispute Resolution clause of the Agreement. In support of her motion, Vella submitted a certification in … 244 N.J. 30, 46 (2020) (reviewing de novo trial court's determination that the plaintiff's claims were subject to …
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njcourts.gov
… duty to plaintiff, the court concluded plaintiff could not support its claims, requiring dismissal of the complaint. 9 …
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njcourts.gov
… Our review on appeal is limited to the trial court's determination that the arbitration provision in the Service … apply a de novo standard when reviewing a trial court's determination of the enforceability of a contract. Goffe v. … clause. Defendants also fail to offer any specific facts to support the theory that they are intended third-party …
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njcourts.gov
… applied as a March payment. Defendants' contentions are unsupported. The record demonstrates defendants received … A-0418-23 February payment." We concur with the judge's determination that there was no "misapplication of th[e] … premodification payment. Again, the record does not support defendants' contention that the correct judgment …
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njcourts.gov
… We conclude, as we did in Estate of D'Avila, this language supports and requires indemnification for the negligence of …
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A-59-24 American Civil Liberties Union of New Jersey Amicus Curiae Brief Letter
Briefs
njcourts.gov
… Capacity and Diminished Responsibility Defenses: Two Children of a Doomed Marriage, 77 Colum. L. Rev. 827, 833 … that lay testimony can never be considered on its own in support of diminished capacity ignores the doctrine’s …
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njcourts.gov
… illness upon discharge, or subsequent to discharge or determination, is substantially improved or in substantial … as to: the circumstances of why the commitment or determination was imposed upon the petitioner, the … public 13 A-1410-23 interest. Its findings were adequately supported by substantial evidence in the record. The court …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J 19, 27-28 … Our "[i]ntervention is warranted when the action is unsupported or unaccompanied by reasonable explanation." Ibid. …
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njcourts.gov
… In 1997 Bonnie married Joseph Kremer. The couple had three children, who were born between 2003 and 2005. The record … 22 order, arguing the trial court erred by reaching an unsupported legal conclusion that decedent's will was revoked, … discern no abuse of discretion in the Chancery Division's determination that defendant failed to overcome the …
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njcourts.gov
… for both economic and noneconomic injuries." Second, it supports the statutory "policy of cost containment by … time." Ibid. A car owner's intent is not relevant to this determination. Id. at 28 (holding a plaintiff's stated intent … at issue." Id. at 602. We are unconvinced by plaintiff's unsupported assertion "he would have a valid New Jersey policy …
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njcourts.gov
… "Nonetheless, the factual findings underlying the waiver determination are entitled to deference and are subject to … did. That's clear as day. An analysis of the Cole factors supports the trial court's order finding defendant waived …
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njcourts.gov
… findings of fact unless the "findings are 'manifestly unsupported' 4 Plaintiff also contends "[n]o witness … bank statement, the record contains sufficient evidence to support the judge's findings. A comparison of the copies of … to prove or disprove any fact of consequence to the determination of the action." See also Rodriguez v. Wal- Mart …
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njcourts.gov
… to -49. 5 A-3545-22 judgment was void under the CFLA. In support of her argument, defendant relies on LVNV Funding, …
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njcourts.gov
… records, citing State v. Chambers, 252 N.J. 561 (2023). In support of his motion, Ryan relied on the SANE report, text … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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njcourts.gov
… reinstated and the "court made no finding of prejudice." To support his position, plaintiff primarily cites case law …
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njcourts.gov
… because he could not "give the why and wherefore" that supported his opinion. See Pomerantz Paper v. New Cmty. …
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njcourts.gov
… to present any of these theories to the arbitrator in support of the entry of the Award as against Companies, a …
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njcourts.gov
… MITIGATING FACTORS FOUND BY THE TRIAL COURT WHICH WERE NOT SUPPORTED BY THE RECORD U.S. CONST. AMEND. VI, XIV; N.J. … falls within the statutory range, "issues relating to the determination of aggravating and mitigating factors, the …
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njcourts.gov
… guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the …
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njcourts.gov
… N.J. Super. 575, 579 (App. Div. 2011))). "To make th[ose] determination[s], as in all duty- of-care determinations, a 'court must first consider the … analyze whether accepted fairness and policy considerations support the imposition of a duty.'" Coleman v. Martinez, 247 …