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… Supreme Court has expressed three "significant concerns" supporting preclusion under the entire controversy doctrine: … of its objectives, namely, the promotion of conclusive determinations, party fairness, and judicial economy and …
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… 34:13A-5.4(d)). PERC's role is to make a threshold determination of whether the disputed matter is something the … a municipality elects to provide is an essential employer determination which is not subject to the mandatory duty to … at the fire scene on May 4, 2020[,] violated Article 8." In support of its argument, the Union relies on PERC decisions, …
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… engaged in a categorical approach, the record does not support that argument. The sentencing judge questioned the … "crime of violence," but ultimately relied on the jury's determination as to defendant's own conduct: "It 's certainly …
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… the jury to not consider th[e] testimony." To support his ruling, the judge explained: The [S]ergeant's … Court articulated a four-part test designed to guide the determination of when to admit such evidence. The Court … 553, 608-09 (2004). "In our review of a trial court's determination on the admissibility of the evidence of other …
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… Court "identified two factors that are relevant to the determination of need: (1) the value of the transcript to the … Anga's show-up identification of defendant finds no support under this Rule. 5 Absent certain circumstances not …
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… We reject those arguments as 7 A-1041-16T2 without support in the statutory scheme and affirm PERC's ruling … 54, 83 (1978). Although a party dissatisfied with PERC's determination of course has recourse to this court, N.J.S.A. … courts] apply a deferential standard of review to determinations made by PERC." City of Jersey City v. Jersey …
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… have recognized such a class-of-one theory, where it is supported by the facts. See, e.g., Paul Kimball Hosp., Inc. … businesses combined. That statistic bolsters both our determination that RDI was not similarly situated to other …
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… and the Board filed petitions for a scope of negotiations determination with PERC to determine if the legislation … and 30% of their salary for member/spouse/partner or parent/children coverage. 6 A-1694-17T4 Chapter 78 had a sunset … first year. Id. at 15. II Before us, the Association, supported by amicus curiae Communications Workers of …
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… constructive notice argument, I find . . . the facts do not support any rational jury possibly concluding . . . the … judge erred in denying her motion to strike defendant's unsupported affirmative defenses. Because none of plaintiff's …
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… a commercial general liability insurance company. That determination turns on whether the Fund provides “insurance” … risk in JIFs and the plain language of N.J.S.A. 40A:10-48 support our holding: the Fund does not provide “insurance” …
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… in custody until the expiration of the mandatory term. In support, the State cites State v. Webster, 383 N.J. Super. … a whole to determine whether it provides “otherwise.” Our determination of the Legislature’s intent in this regard is … Accordingly, we overrule the sentencing court’s determination, affirmed by the Appellate Division, that …
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… against Defendants in their Complaint. The underlying facts supporting these allegations relate to the Board depleting …
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… against Defendants in their Complaint. The underlying facts supporting these allegations relate to the Board depleting …
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… See State v. J.M., 225 N.J. 146, 158-59 (2016). A court's determination on the admissibility of other-crime evidence is … convictions on counts seven through sixteen were also supported by sufficient credible evidence. Therefore, we …
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… A no further action letter consists of a written determination by DEP that either there are no contaminants … 221 N.J. at 204 (alteration in original) (quoting Dep't of Children & Familes, N.J. Div. of Youth & Family Servs. v. … be "'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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… Law Revision Commission’s commentary states that “a determination of whether the parties made an agreement by … Defendants, and the Court having considered the papers in support of an opposition to said motion, and upon the …
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… concerning plaintiffs’ challenge to defendant’s final determination of February 1, 2016, which demanded a repayment … reasons stated below, the court upholds defendant’s final determination. PROCEDURE Defendant (“Taxation”) addressed its … by Mrs. Citron is of no moment legally since there is no support either in any statute or caselaw permitting such a …
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… or must be condemned as misconduct is often a difficult determination to make. In every instance, the performance must … fall and go off." He argues significant academic studies support the conclusion that guns accidently fire when …
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… BECAUSE THE PROSECUTOR'S SUMMATION CONTAINED FACTS UNSUPPORTED BY THE EVIDENCE WHICH PREJUDICED THE DEFENDANT'S … the sentencing court identifies and properly balances the supported aggravating and mitigating factors, and the result …
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… a reviewing court should give equal deference to the determination of the trial court. The adequacy of a curative … If the record contains sufficient credible evidence to support the trial court's findings, we will not disturb the … N.J. 493, 503 (2006). If so, the second step involves a determination whether the impermissibly suggestive procedure …