-
A-1928-23 Briefs
Briefs
njcourts.gov
… hit plaintiff’s driver’s side. So, there is evidence to support a lack of observations, speed, and control. In … the defendant left his left lane and entered right lane and supports the plaintiff’s position. While the precise …
-
A-0026-23 Briefs
Briefs
njcourts.gov
… this court affords deference to factual findings that are supported by sufficient credible evidence, but reviews de … novo a trial judge’s application of any legal rules to the supported factual findings. Id. at 577. FILED, Clerk of the … finding which served as the basis for its credibility determination of defendant’s testimony. (19T 14-12 to 18, 15-1 …
-
A-2536-24 Briefs
Briefs
njcourts.gov
… P.J.Ch. BRIEF OF PETITIONER-APPELLANT MICHAEL HOPSON IN SUPPORT OF APPEAL FROM FINAL DECISION Matthew C. Moench, … Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Factual determinations are entitled to deference so long as they are … A-002536-24, AMENDED 11 Here, the trial court’s legal determinations were incorrect and are entitled to no deference …
-
A-3443-23/A-3506-23
Briefs
njcourts.gov
… the East Brunswick Board of Education (the “Board’’), in support of its appeal from the trial court’s June 7, 2024 … the East Brunswick Board of Education (the “Board”), in support of its appeal from the trial court’s June 7, 2024 …
-
A-0457-24 Briefs
Briefs
njcourts.gov
… through evidence and testimony, as a key component supporting Arc’s express allegations in its Counterclaim … an expert report and proffered expert testimony to support its claim to reimbursement of these alleged losses.4 …
-
A-0689-24 Briefs
Briefs
njcourts.gov
… only bound by the findings of the court below when that are supported by adequate, substantial, and credible evidence. … to” or “encourage[ing]” or “assist[ing]” in anything… even childbirth! There is a strong public need and public policy … interpretation of a statute, the Court ‘review[s] that determination de novo.’” State v. Derry, 250 N.J. 611, 626 …
-
njcourts.gov
… are furnished in accordance with the hospitals’ own determinations of what supplies are needed and how they should … of the program; it is incidental to the hospitals’ determination of how to provide the care the program requires. … is necessary to provide [DSHs] with a charity care subsidy supported by a broad-based funding mechanism. [Id. at …
-
njcourts.gov
… but stated that a "car drove up on [him]," which supported the State's theory that defendant and his brother … against the other defendant if, . . . in your sole determination, he did not engage in the alleged activity. 8 … as evidence against the other defendant, if in your sole determination he did not engage in the alleged activity." The …
-
A-2310-22 Briefs
Briefs
njcourts.gov
… reconsideration of its pre-trial rulings was neither supported by good cause nor in service of substantial … exceeds 60%. Thus, the practical significance of this determination was that, notwithstanding Dr. Goldsmith’s … Burt defendants-they only disputed the soundness of that determination by the trial court. (3T39) (“Judge, once again, …
-
A-3780-23 Briefs
Briefs
njcourts.gov
… many of the factual findings made by the trial court are unsupported by the record and thus, the facts of Smart are … court’s factual findings are clearly mistaken and are not supported by the record, and that the trial court erred in … trafficked highway. Additionally, the record did not support the trial court’s finding that there were numerous …
-
A-1964-23 Briefs
Briefs
njcourts.gov
… cross-motion for summary judgment and in further support of Respondent’s motion for summary judgment. … enforcement of the trial court’s Order pending the determination of this appeal, and (2) prohibiting Respondent … court nevertheless proceeded with a summary judgment determination, without affording Appellant the opportunity to …
-
A-2634-22 Briefs
Briefs
njcourts.gov
… LEGAL ARGUMENT I. STANDARD OF REVIEW A lower Court’s determination of the applicability of OPRA should be reviewed … in the requested e-mail addresses, primarily basing its determination on the fact that Nixle’s Terms of Service and … can be accomplished without the requested list. In further support of the City’s position that OPRA’s privacy provision …
-
njcourts.gov
… (Hoens, J., dissenting). It is "generally limited to a determination whether that rule is arbitrary, capricious, … of professionals and other providers of products, services, support, and counsel to association-governed communities, … that residents have the right to contest the board's determination by requesting Alternative Dispute Resolution.[3] …
-
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
… the witness's testimony or by shedding light on the determination of a disputed factual issue." Id. at 469 … "was[ not] exercised in a timely fashion." In support, the judge pointed out that "defendant's application … or "on [d]efendant's election not to testify." In support, the judge found "defendant's unsworn statements …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … which we owe no special deference. We likewise deem the determination of the constitutional boundaries of an … . . . than the scope of a search authorized by a warrant supported by probable cause." Id. at 823. Obviously, a …
-
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., …
-
A-3048-22 Briefs
Briefs
njcourts.gov
… for post-conviction relief (PCR). (Da 53 to 54). In support of the petition, Charlotte J. Ward, Ph.D., … required if a defendant has presented a prima facie case in support of PCR, an evidentiary hearing generally should be …
-
A-0079-24 Briefs
Briefs
njcourts.gov
… within the scope of Equinox’s arbitration agreement. In support, the trial court relies on Goffe v. Foulke … “Dispute” (Ja37) nullifies arbitration in Plaintiff’s case supports this premise. In Goffe, 238 N.J. at 195, the New …
-
A-0556-23 Briefs
Briefs
njcourts.gov
… September 21, 2022, Blue Violets received a “resolution of support” to operate its dispensary by a majority vote of the … application review process. This designation is designed to support New Jersey entrepreneurs. See N.J.S.A. 24:6I-36. … to that application for development. The Planning Board’s determination of whether Blue Violets’ application was …