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… disruptive, aggressive, and loud, and ignored Thiel's command to stop this behavior. Thiel ordered defendant to … motion to suppress: We are bound to uphold a trial court's factual findings in a motion to suppress provided those … (citations omitted).] We owe deference to a trial court's factfindings based on video or documentary evidence. State …
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… 4:6-2(a) for lack of subject matter jurisdiction and to compel arbitration pursuant to N.J.S.A. 2A:23B-7. We affirm. I. Unless otherwise indicated, the following facts are alleged in the LLC's amended complaint or … it was "silent in respect of plaintiff's statutory remedies." 168 N.J. at 135. The Court found the clause's failure …
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… On appeal, defendant challenges the credibility and factual findings of the Family Part judge, contending the … 1, 2015, when plaintiff filed her first domestic violence complaint against defendant and was issued a temporary … Our limited scope of review of a trial court's findings of fact is well established. See Cesare v. Cesare, 154 N.J. …
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… the issue of liability. I. We briefly summarize the salient facts. On July 26, 2014, at around 8:30 p.m., defendant was … orbital and mandible fractures. He spent several weeks in a coma in the hospital's intensive care unit. After plaintiff … the jury should apply the legal principles charged to the facts of the case at hand." Ibid. (citing Velazquez ex rel. …
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… We use Colby's first name because he and defendant share a common surname. 4 A-4570-18T1 While examining the Taurus, … (3) the sentencing judge erred by finding aggravating factor eleven; (4) trial and appellate counsel were … as to one count of the indictment would be a necessary ingredient to a 10 A-4570-18T1 conviction under another count; …
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… the Jersey City Board of Education (Board) with the State Commissioner of Education, on behalf of their son Samuel, … jurisdiction. The Judge found plaintiffs' complaint alleged facts that sought relief based on common law breach of … is it your understanding that those aides are paid on a per diem rate? A: It is. Q: Okay. Thank you. In this case, …
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… indictments. We summarize the procedural history and key facts, which are largely undisputed for purposes of the … offenses, emanating from the seizure of a handgun from a compartment hidden in the dashboard of a Honda Accord. The … necessity of the other-crime evidence to prove a genuine fact in issue and the court has carefully balanced the …
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… hours of in- home behavioral services per week fails to comply with federal Medicaid requirements and also violates … Given our disposition, we limit our discussion of the facts and the issues. By way of brief background, petitioner … regulations, determinations of medical necessity are fact-specific to each individual and, particularly in the …
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… Relations Panel (New Jersey Public Employment Relations Commission, attorney; Christine R. Lucarelli, on the brief). … in the MOA's section regarding OSHA conformance" and "the fact that NFPA 1975 is not specifically codified in any … law and the legal consequences that flow from established facts . . . ." Manalapan Realty, L.P., 140 N.J. at 378 …
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… she had been living in an abandoned apartment in the same complex "with an Hispanic guy [who] had tattoos on his neck … R. 2:10-2. Appellate courts "review the trial court's factual findings as to defendant's Miranda waiver in … After a testimonial hearing, we "defer to the trial court's factual findings because the trial court has the …
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… appeal from a final determination of the Acting Commissioner of the New Jersey Department of Environmental … Salas). We affirm. I. We briefly summarize the relevant facts and procedural history of this dispute. Salas owns … the property. We note that the scope of our review of the factual findings of an administrative agency is limited. We …
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… and July 2018 incidents became the subject of plaintiff's complaint under the PDVA. 3 A-5997-17T4 Based on plaintiff's … for the parties' son, and particularly defendant's dissatisfaction with the quantity of breast milk. Specifically, on … her mother testified credibly, and made several findings of fact contradicting defendant's claim that he did not act …
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… alimony and child support, defendant's imputed income is $150,000 annually and plaintiff's imputed income is … is lower paying than his prior creative work, it is steadier work with ample opportunity for sustained employment … court: (1) abused its discretion by making findings of fact inconsistent with, and not supported by, competent …
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… caused the wave screen to deteriorate. In 2015, to prevent complete collapse of the wave screen, LHYC moored a barge up … in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching … we must "give substantial deference to the agency's fact-finding and legal conclusions," in part because of the …
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… judgment. I. We glean from the motion record the following facts, which appear to be largely undisputed. A. The … behalf. In title-search documents with a November 18, 2018 commitment date, Majestic identified two certificates of … based upon a consideration of irrelevant or inappropriate factors,' 'fail[ed] to take into consideration all relevant …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2009-17087, 2009- 17088 … Each of the worksite accidents involved a similar set of facts: one of the steel doors that separated petitioner's … misrepresentation in this case, the [c]ourt as the trier of fact completely rejects all of [petitioner's] testimony." …
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… semester, when he returned to work full duty with certain accommodations for bending and lifting. In December 2016, … left knee and lumbar spine from 2014; the EMG and NCV studies of the lower extremities; MRI films of the lumbar spine … was "very depressed." Dr. Silverman was asked about other factors that could have affected Dawkins' mental health, …
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… S.P. (Sue) appeals from the trial court's March 5, 2019 fact-finding order, in which the court found that Sue had … on appeal that the court incorrectly assessed the proofs, committed evidentiary error, and improperly shifted the … the invitation. Rather, we must defer to a trial court's fact-findings, especially those of the Family court, N.J. …
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… to expand his parenting time and reiterated his request to compel the parties to share joint physical custody. He also … counsel was intended to direct the court's attention to the fact that under the Guidelines, an "[o]vernight means the … motion in May 2020. See N.J.S.A. 2A:17-56.23(a);7 see also Diehl v. Diehl, 389 N.J. Super. 443, 452 (App. Div. 2006) …
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… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2018-2412, 2018-2471, and 2018-2472. … or emergency existed." Because of the expressed mitigating factors, the ALJ found Duardo's and Vazquez's actions were … child was not credible. Consistent with the ALJ's fact findings, the Commission determined it was inconclusive …