-
#15-01
Administrative Directives
njcourts.gov
… October 8, 1998. The Supreme Court has approved the recommendation of the Criminal Practice Committee that the … right to have a jury determine whether a NERA predicate fact exists and refers specifically to the maximum period of … that, like NERA, increase mandatory minimum terms based on factual predicates found by the sentencing judge. Any …
-
njcourts.gov
… in our prior opinion, [w]hen plaintiff filed the divorce complaint in 2011, defendant no longer lived in New Jersey, … Div. 1957))). The remand judge focused on the undisputed fact that all marital assets were now in India as the reason … Motor Corp., 164 N.J. 159, 164, (2000) (quoting Civic S. Factors Corp. v. Bonat, 65 N.J. 329, 332 (1974)). "[T]he …
-
njcourts.gov
… other cases is limited. R. 1:36-3. 2 A-1698-22 and instead compelling her to appear in-person or be faced with the … with this opinion. I. We briefly detail the relevant facts and procedural history. On July 22, 2021, the State … basis, by relying upon irrelevant or inappropriate factors, by failing to consider all 8 A-1698-22 relevant …
-
njcourts.gov
… a September 26, 2022 order dismissing with prejudice their complaint, and an October 17, 2022 order awarding defendant … Inc.'s attorney's fees and costs. We affirm. We glean the facts and procedural history from the trial and motion … was attempting to facilitate a response to generate a factual possibility of liability." Moreover, she noted one …
-
njcourts.gov
… dismissed. As part of the agreement, the State agreed to recommend a sentence of probation, with various conditions, … in the affirmative. Defendant presented a sufficient factual basis for his guilty plea. Both counsel acknowledged … soundness of sentencing counsel advice "because no material facts are in dispute and no 'off the record' conversations …
-
njcourts.gov
… and by failing to instruct the jury on self-defense as a complete defense to the aggravated assault charge.2 We … most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime … favorable to the prosecution, allowed a rational trier of fact to conclude beyond a reasonable doubt that Nina had …
-
njcourts.gov
… that G2G was liable under the New Jersey 3 A-3283-23 Spill Compensation and Control Act (the Spill Act or Act), … G2G's negligence. 4 A-3283-23 I. We discern the following facts and procedural history from the record. In October … in its reply brief. POINT I GENUINE ISSUES OF MATERIAL FACT PRECLUDED SUMMARY JUDGMENT. 6 The trial court granted a …
-
njcourts.gov
… Notice of Appeal states [specific] grounds, but the brief completely ignores them and argues other issues," then … 3 A-0343-24 I. We synthesize the following salient facts from the trial record during which only the parties … each of the N.J.S.A. 2A:34-23.1 equitable distribution factors. The court acknowledged the parties' short-term …
-
njcourts.gov
… is limited . R. 1:36-3. 2 A-0936-24 motion to dismiss her complaint with prejudice under Rule 4:23-5(a)(2). Having … context to the issues presented on appeal, we summarize the facts and procedural history from the record. On May 22, … (requiring trial courts to make sufficient "find[ings] [of] facts and state [their] conclusions of law"). "[A]ppellate …
-
njcourts.gov
… motions. Issues arose over whether plaintiff had provided complete discovery, including bank records for college … required to be set outside the Guidelines, using statutory factors such as individual needs and parental income, … at 342-43; see also 42 U.S.C. § 423(d)(1)(A) and (2)(A);1 Diehl v. Diehl, 389 N.J. 1 Disability is defined by the SSA …
-
njcourts.gov
… order (TRO) against defendant on October 24, 2024. The complaint alleged a predicate act of assault, claiming that … and obstructing her ability to breathe. The following facts are derived from the FRO hearing, during which both … high deference that we afford a trial court's findings of fact, and because we review the record as a whole when …
njcourts.gov
… convicted of murder, N.J.S.A. 2C:11-3, and conspiracy to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-2. He was … later testified that Baker had called him and asked him to come to the barbershop. Thomas also explained that Baker had … apply to defendant's convictions; (2) newly discovered facts; or (3) the denial of the first or subsequent PCR …
njcourts.gov
… of the Estate of Linda Serafin, and individually, filed a complaint against Dr. Ostler and the Center, asserting three … that it lacked established policies and procedures to communicate with patients regarding test results. Plaintiff … the Center as it was vicariously liable and material facts exist for a jury to decide causation. We review a …
njcourts.gov
… $3,593.44. She paid a deposit of $1,700. Work on the patio commenced in July 2024. Upon beginning the job, defendants … inspected the job, concluded the work was completed satisfactorily, and notified plaintiff that nothing more was … the court to exercise "sound discretion in light of the facts and circumstances of the particular case considered in …
njcourts.gov
… a Final Administrative Determination rejecting the ALJ's recommendation and denying petitioner's application for ADRB. … training, but all aspects of the event itself. No single factor governs the analysis." Mount v. Bd. of Trs., Police & … Ibid. Importantly, as the Richardson Court stated: the fact that a member is injured while performing his ordinary …
njcourts.gov
… on the additional wages. In its April 23, 2024 findings of fact and decision, the Tribunal noted the DOL's initial … appointments with the local office and visited twice to complain about their mistake," and therefore the Board's … in 2022 and 2024. Neither of the amendments impact the outcome of this appeal. 7 A-0489-24 2023 letter to the governor …
njcourts.gov
… on a lesser-included offense must be given only where the facts in evidence clearly indicate the appropriateness of …
njcourts.gov
… circumstances presented, defendant provided a sufficient factual basis for his guilty plea. Defendant was arrested … the plea because defendant had not presented an adequate factual basis and suggested the parties return after the … a factual statement or acknowledge all of the facts that comprise the essential elements of the offense to which the …
njcourts.gov
… 2014, plaintiff Wells Fargo Bank, N.A. (Wells Fargo) commenced a foreclosure action against Donington; eleven … made no mention of Seymour's adjournment request nor the fact the Borough agreed to adjourn the motion to September … should liberally grant one that is based on an expansion of factual assertions that form the heart of the complaint for …
njcourts.gov
… America, Inc.’s (“Samsung”) motion to dismiss the Complaint. The plaintiff in this case, Kimberly Carlson … survive a motion to dismiss when the plaintiff alleges facts demonstrating that he or she has been damaged. See … Burke has standing to bring claims relating to the Diet Bars she actually purchased, namely the Ice Cream Candy …