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njcourts.gov
… judgment, arguing plaintiffs failed to produce evidence in support of their claims. After oral argument, the motion … 149 N.J. 496, 502-03 (1997). In the context of the duty determination, foreseeability is the knowledge of the risk of …
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njcourts.gov
… filed an answer, followed by a motion for summary judgment, supported by a brief. Plaintiffs then retained the same … and, because plaintiffs limited their 8 The attorney's unsupported statement also did not even require any specific …
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njcourts.gov
… for four days amongst each other." The record fails to support that conclusion. Emphasis was unduly placed by the … court to engage in such a fact-finding exercise. These determinations are for a jury to decide. Chen, 208 N.J. at …
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njcourts.gov
… judge reviewed the MVR recording and found it did not support defendant's argument. Defendant has not supplied the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… and balance[d] aggravating and mitigating factors . . . supported by competent credible evidence in the record[,]" …
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njcourts.gov
… and service of the legal malpractice expert report. In support of their proximate cause defense, defendants …
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njcourts.gov
… application was grandfathered and entitled to funding. In support, Pastor Enterprises cites our Supreme Court's … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Utley v. Bd. of … seeking IPG funding were subject to the Legislature's determination that limited public funds may be diverted from …
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njcourts.gov
… form provisions of the grant include language that supports two or more reasonable interpretations. However, …
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njcourts.gov
… to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401 (defining … State v. P.S., 202 N.J. 232, 255 (2010). "In relevance determinations, the analysis focuses on 'the logical … not violate the sentencing guidelines and the record amply supports her findings on aggravating and mitigating factors. …
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njcourts.gov
… began in 2008; (3) he needed the income from the new job to support himself and his wife; (4) he had no other reasonable … advances no convincing argument that the prosecutor's determination was a patent and gross abuse of discretion. …
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njcourts.gov
… that defendant's statements were not the only evidence supporting his conviction. The judge explained: Without …
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njcourts.gov
… required that "plaintiffs must allege particular facts in support of their claims of attorney incompetence and may not … court may conduct an evidentiary hearing, if credibility determinations are required, and consider whether plaintiffs' … 55, 87 (App. Div. 2007) (recognizing that the "ultimate determination of equitable matters is for the judge alone to …
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njcourts.gov
… 429 (App. Div. 2017), certif. denied, __ N.J. __ (2018), supports his argument. The State responds that Cain should …
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njcourts.gov
… much less plain error, in the jury charge. B. To further support his argument, defendant claims his trial counsel was … Ibid. Thus, we decline to consider this point. Our determination is without prejudice to defendant's raising it … of probation. Inasmuch as the court did not make this determination, we remand for resentencing to determine …
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njcourts.gov
… of discretion standard. Id. at 467. "The trial court's determination under the rule warrants substantial deference, … Id. at 597, n. 1. 11 A-4200-15T3 The record does not support defendants' contention that plaintiff lacked …
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njcourts.gov
… licensed professional planner. Among 9 A-4691-15T4 Pierce's supporting documents was a certification from the appraiser … "unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… intent to distribute heroin, the factual basis he gave in support of his guilty plea was insufficient to sustain his 4 … deference.”). Because the trial court is not making determinations such as the credibility of witnesses, which …
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njcourts.gov
… the notice regarding the 2014 meetings. This finding is supported by the fact that once they were notified of the …
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njcourts.gov
… N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not … of the ultimate merits of the amendment, those determinations must be made in light of the factual situation …
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njcourts.gov
… will be provided to judges and attorneys in order to support a successful pilot exploration of ACVD. Such …