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… issued an order denying defendant's petition. The PCR court supported its ruling with a written opinion explaining the … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… company in April 2021. In a July 26, 2021 Notice of Determination (notice), the Department of Labor and Workforce … instructions as to how to appeal the Department's determination: This is a request for a refund and repayment of … appealed and the Board affirmed the Tribunal's decision. To support its conclusion, the Board cited the pertinent …
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… the victim's waistband. Defendant provided no evidence to support those assertions. The trial court denied that second … Id. at 294-95. 9 A-0463-23 A trial court's procedural determination to deny a PCR petition without a hearing is …
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… to the factual history of this case, as Defendant argues in support of its motion. Plaintiff filed her Complaint on …
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… There is no dispute that Prosoft did supply the technical support as requested by Compugra for its customer. All of …
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… alone, and that some trier of fact make a meaningful determination as to whether defendant is actually within these … damage within the reasonably foreseeable future. This determination shall take into account a person's history, … future. N.J.S.A. 30:4-27.2i. 11 A-1111-15T2 The evidence supported a finding that H.W. suffered from a mental …
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… trial and trial counsel's testimony at the PCR hearing supported defendant's claim trial counsel had misinformed … the use of his prior testimony. The judge based these determinations on, among other reasons, trial counsel's …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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… and the fact that she was a single mother of two minor children. As for aggravating factors, the sentencing judge … and '. . . uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … as we must, we see no reason to question the court's determination that counsel's failure to inform defendant of …
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… judge denied the motion. Defendant did not appeal that determination despite the right to do so. See R. 2:2-3(b)(8). … the arbitration agreement was unenforceable compelled a determination that the class-action waiver within the … because defendant has not argued the fifth paragraph supports the trial judge's decision. 11 A-0794-22 to …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … Ibid. However, our review of a trial court's legal determination is plenary. See State v. Kuropchak, 221 N.J. … municipal court proceeding and made appropriate findings in support of defendant's culpability. We are satisfied there …
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… ha[ve] not presented this [c]ourt with any authority to support the proposition that the thirty-day timeframe begins …
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… to vacate the final judgment and entry of default. In support, defendant submitted a certification 4 A-2822-20 in … v. EDS, 132 N.J. 330, 334 (1993)). "The trial court's determination under the rule warrants substantial deference, … Id. at 595. In Chaudhri, we agreed with the judge's determination that the plaintiff in GE Capital did not …
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… removing the mold. In October 2006, the Meltzers and their children temporarily moved out of their house when Servpro … a court should not engage in a strained construction to support the imposition of liability." Ibid. "Although courts …
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… counterclaim. Plaintiff submitted a certification in support of the motion from its representative, Tammy Wilson, …
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… 'a court should not engage in a strained construction to support the imposition of liability.'" Flomerfelt v. …
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… moved for a new trial, arguing that the DNA evidence supported his theory of a third-party intruder and tended to … 85 N.J. at 314. 7 A-2458-21 Our scope of review of a determination of a motion for a new trial is limited. Such a determination is committed to the "sound discretion of the …
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… 227 N.J. at 176). As the judge noted, defendant failed to support its arguments with any certifications attesting to … (citing State v. Williams, 218 N.J. 576, 586 (2014)). "[D]eterminations about the applicability of OPRA and its … exemptions are legal conclusions," and, accordingly, such determinations are reviewed de novo. Id. at 273-74 (citing …
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… a "motion for summary judgment should be denied when determination of material disputed facts depends primarily on … . . . ." As in Parks, "[w]e disagree that the record supports such an irrefutable conclusion." 176 N.J. at 494. …
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… had only "a mild history of substance abuse," which did not support the State ordering its own alcohol evaluation. …