-
njcourts.gov
… motion to vacate the default judgment on June 25, 2020. In support of his motion to vacate the default judgment, … under Rule 4:50-1(f). 9 A-2809-20 B. "The trial court's determination under [Rule 4:50-1] warrants substantial … required under the case law, and by making credibility determinations based on conflicting certifications. The trial …
-
njcourts.gov
… rests on two evidential rulings he made. "Because the determination made by the trial court concerned the … but they argued even if they had, the documents would have supported their belief that G&B 11 A-2306-19 owned the …
-
njcourts.gov
… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
-
njcourts.gov
… REGARDING THE VICTIM'S PRIOR VIOLENCE, WHICH WOULD HAVE SUPPORTED THE DEFENDANT'S CLAIM THAT HE ACTED IN …
-
njcourts.gov
… McInerney's legal fees, as plaintiff's objections were unsupported. She further found plaintiff's objections to … v. A.L.G., 176 N.J. 201, 207 (2003)). "The trial court's determination under the rule warrants substantial deference, … that the rule is "designed to remedy." The record does not support the claim. Plaintiff has not established the …
-
njcourts.gov
… the Downtown Redevelopment Area and presented its determination to the Township's governing body. In 2000, the … any of the other remedies [the Estate] seeks." The record supports the trial court's findings and legal conclusions. …
-
njcourts.gov
… the evidence, the Committee makes the following findings, supported by clear and convincing evidence, which form the …
-
njcourts.gov
… law remains, we afford no special deference to the legal determinations of the trial court. Manalapan Realty, L.P. v. … submit a completed application for a hospital to make a determination for charity care or reduced charge charity care … regarding the applicant's employment or other means of support. . . . These procedures are in contrast to those …
-
njcourts.gov
… Defendant moved to change the track assignment. In support of the motion, defense counsel certified that … requires a review of the medical records and a determination as to whether the physician deviated from … 14 (App. Div. 2016), in part because they involve a legal determination, specifically "the statutory interpretation …
-
njcourts.gov
… Oakes Muskett, Esquire Attorney ID No. 020731994 FOXROTHSCHILD LLP Midtown Building, Suite 400 1301 Atlantic Avenue … Tel: (609) 348-4515 Fax: (609) 348-6834 emuskett@foxrothschild.com Attorneys for Defendants Merck & Co., Inc. and … & Dohme Corp, and the Court having considered the papers in support of those Orders and Plaintiffs opposition thereto, …
-
njcourts.gov
… briefs, a statement of material facts and with or without supporting affrdavits. The statement of material facts shall … Life Ins. co. ofAm., 142 N.J.520 (l{.i. 1985). "tAl determination whether thele exists a 'genuine issue' of … for MCL designation are unambiguous, and request a determination(s) under the NJPLA. Consistent with that ruling, …
-
njcourts.gov
… whether a party waived its arbitration right is a legal determination subject to de novo review." Cole v. Jersey City … 378 (1995). The findings of fact underlying the waiver determination, however, "are entitled to deference and are … for "extreme prejudice" to SAE from arbitration, all support the trial court's determination that Avaya waived …
-
njcourts.gov
… reviewing the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the … as parents, to respond to a felt unjust abuse of their children….judges must always be conscious that they not blur …
-
njcourts.gov
… the motion judge was not bound by the Third Circuit's determination that the defendants were entitled to qualified … this [c]ourt affords no special deference to the legal determinations of the [motion judge] ." RSI Bank, 234 N.J. at … in the proceedings as possible, preferably on a properly supported motion for summary judgment or dismissal.'" N.E. …
-
njcourts.gov
… of counsel (IAC), and was assigned PCR counsel. To support his petition, defendant certified his "attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
-
njcourts.gov
… he had an actionable claim against defendant. The record supports the trial court's determination. On January 20, 2010, Linkovitch, the Borough's …
-
njcourts.gov
… by the same standard that governs the motion judge's determination." Caraballo v. City of Jersey City Police Dep't, … contradicted Ruane's version of those prior shootings and supported his claim that the municipal defendants' IA …
-
njcourts.gov
… failed to receive a fair trial in light of repetitive, unsupported descriptions of facts made by the prosecutor … was "replete" with descriptions of facts that were never supported. Id. at 270-71. Also, the evidence the State …
-
njcourts.gov
… are not more accurate eyewitnesses than civilians.” For support, he relies on social science research and cites …
-
njcourts.gov
… argues that the judgment of the Appellate Division is not supported by a “convincing legal basis” and will tacitly …