Case law

G.S. v. Department of Human Services

157 N.J. 161 · Supreme Court of New Jersey · Feb 17, 1999

qualifies as neglect. … Instead, she recklessly gave N.D. the entire bottle of medication. *183 That conduct clearly rises to the level of wanton or willful.

Smith v. Smith

72 N.J. 350 · Supreme Court of New Jersey · Jan 27, 1977

The wife thereupon moved for a new trial claiming that these decisions did in fact establish her right» to equitable distribution. … It was not until 1965, however, after she learned that her husband was maintaining an establishment elsewhere, that she finally decided on a separation.

Estate of Brandon Tyler Narleski v. Nicholas Gomes (083169)(Middlesex County & Statewide)

Supreme Court of New Jersey · Sep 17, 2020

His age does not make him immune from legal responsibility for the violation of an established duty that is intended to protect others from foreseeable harm. 4  The duty we … The public clearly has an interest in deterring the unnecessary destruction and maiming of lives on our roadways and highways.

In the Matter of Registrant R.S.

Supreme Court of New Jersey · Jul 2, 2024

Normally [R.S.] would qualify for the incest exception [to internet notification] however due to his status as repetitive and compulsive AND the fact he has multiple victims … Turning to this appeal, the Megan’s Law judge found that R.S.’s conduct was clearly and convincingly repetitive and compulsive.

J.B. v. W.B. (069972)

Supreme Court of New Jersey · Aug 20, 2013

On the other hand, such a trust only qualifies as an OBRA ‘93 trust if it contains the assets of the beneficiary. … The trial court’s “‘award will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to other evidence, or the result of whim or caprice.’” Ibid. (quoting Foust v.

Winne v. County of Bergen

21 N.J. 311 · Supreme Court of New Jersey · Mar 26, 1956

J. 8. 24:158-14 would indeed have little effect and the county prosecutor would have been singled out as the only state or county official immune from the common-law principles applied in Be Marco. … power in displacing the prosecutor in the instant matter is no longer open to question and, under the applicable common-law principles, denial of the plaintiff’s claim for salary during the period of his displacement is clearly

Vincent Hager v. M & K Construction (084045) (Statewide)

Supreme Court of New Jersey · Apr 13, 2021

Congress is empowered to amend the CSA via an appropriations action provided “it does so clearly,” see Robertson, 503 U.S. at 440, and the most recent appropriations rider, in the Court’s view, “clearly is intended as a substitute … “Qualifying medical condition[s]” include “chronic pain.” N.J.S.A. 24:6I-3.

Feldman v. Hunterdon Radiological Associates

187 N.J. 228 · Supreme Court of New Jersey · Jul 5, 2006

Plaintiff clearly satisfies part of that definition to the extent that she performed work as a radiologist for HRA in return for an annual salary, thus rendering services for remuneration. … Since Clackamas , a number of federal courts have applied its test to determine whether a shareholder or co-owner of a business entity qualified as an “employee” under federal anti-discrimination or benefit laws.

State v. Hauptmann

115 N.J.L. 412 · Supreme Court of New Jersey · Oct 9, 1935

It was not that Kelly had not been qualified as an expert. … There was much more evidence tending to establish his guilt.

State v. K.S. (072608)

Supreme Court of New Jersey · Jan 8, 2015

The Legislature also codified the PTI Program by enacting N.J.S.A. 2C:43-12, which largely adopted the procedures and guidelines established by Rule 3:28. … To overturn a prosecutor’s decision to exclude a defendant from the PTI Program, the defendant must clearly and convincingly show that the decision was a patent and gross abuse of discretion.

West Morris Regional Board of Education v. Sills

58 N.J. 464 · Supreme Court of New Jersey · Jun 25, 1971

But the purpose of this constitutional provision being to make it clear that the Legislature may (but need not) transport students to private schools, the quoted phrase seems clearly to be a restriction upon the amount of … That limit was enacted to confine the benefit to students otherwise qualified because in some individual cases the cost of transporting a single student to a private school had proved absurdly high.

Meny v. Carlson

6 N.J. 82 · Supreme Court of New Jersey · Dec 18, 1950

If such an inference is sustainable on the ground of probability, a prima facie case is established. … In such cases although he thereby escapes liability for negligence of such contractor he is not immune to liability for his own negligence, and if the negligence of both concur, both are liable. 27 Am.

In Re the Burlington County Board of Chosen Freeholders for an Investigation of the Office of Sheriff

99 N.J. 90 · Supreme Court of New Jersey · May 6, 1985

The prima facie case had been established. … The Department of the Public Advocate is established under N.J.S.A. 52:27E-2.

State ex rel. Carlo

48 N.J. 224 · Supreme Court of New Jersey · Nov 21, 1966

Ed. 2d 84, 94 (1966), to the effect that cases have held that a juvenile is not entitled to bail, indictment by grand jury, speedy and public trial, trial by jury, confrontation of accusers, and immunity against self-incrimination … The person’s own words are most important and such can best be assured by a fairly conducted question and answer interrogation taken down steno-graphically and then transcribed by a qualified reporter. * * *” 32 N.

Vincent Hager v. M & K Construction (084045) (Statewide)

Supreme Court of New Jersey · Apr 13, 2021

Congress is empowered to amend the CSA via an appropriations action provided “it does so clearly,” see Robertson, 503 U.S. at 440, and the most recent appropriations rider, in the Court’s view, “clearly is intended as a substitute … “Qualifying medical condition[s]” include “chronic pain.” N.J.S.A. 24:6I-3.

Wilson v. McGuinness

78 N.J.L. 346 · Supreme Court of New Jersey · Feb 4, 1910

The two classes of provisions are independent and clearly severable under the rule stated in Attorney-General v. Anglesea, 29 Vroom 372 . … and qualified; makes the mayor and recorder of Jersey City ex-officio members of the board; provides that at the annual charter election in 1869 the qualified voters shall elect a commissioner to serve in the board for three

State v. Woodworth

121 N.J.L. 78 · Supreme Court of New Jersey · Aug 31, 1938

The last point is clearly untenable. … Slat. 1937, 2:195-19), unless it clearly appears that it is the product of mistake, passion, prejudice, or partiality.

Appleton v. American Malting Co.

65 N.J. Eq. 375 · Supreme Court of New Jersey · Mar 11, 1903

By section 12 of the Corporation act, directors are required to be chosen annually, and are authorized to hold office for one year, and until others are chosen and qualified in their stead. … The complainants do not bring the suit to establish any right- of their own, or because they are personally entitled to the relief sought.

New Jersey Firemen's Ass'n v. Doe

230 N.J. 258 · Supreme Court of New Jersey · Aug 3, 2017

Moreover, OPRA clearly and unambiguously confers the right to initiate a suit after a public agency’s denial of access only upon the requestor. N.J.S.A. 47:1A-6. … Fifth, the Association has established a safeguard to prevent disclosure by converting applicants’ names into unique identification numbers.

State v. Trump Hotels & Casino Resorts, Inc.

160 N.J. 505 · Supreme Court of New Jersey · Aug 2, 1999

Read literally, the Casino Amendment dedicates to eligible senior and disabled citizens “the State revenues derived” from the “establishment and operation of ... gambling establishments.” … V The parking fees authorized by L. 1993, c. 159, clearly constitute State revenue.