Case law

Board of Ed., Plainfield v. Cooperman

105 N.J. 587 · Supreme Court of New Jersey · Apr 15, 1987

Acquired Immune Deficiency (AIDS) is a disease that disables the body from fighting infection. … Reasonableness in the present context clearly involves appropriate deference to medical expertise.

Visidor Corp. v. Borough of Cliffside Park

48 N.J. 214 · Supreme Court of New Jersey · Nov 21, 1966

Although the Borough's action was declared to have been procedurally illegal, the establishment of one-way streets was admittedly within the proper province of the Borough and the procedural requirement for a duly approved … ordinance was clearly designed not for the protection of economic business interests but to advance the interests of safety and uniformity in traffic regulation.

In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing

221 N.J. 1 · Supreme Court of New Jersey · Mar 10, 2015

With regard to immunity, the Four Towns generally urge the Court to adopt the immunity procedure established in earlier pre-FHA litigation and discussed in J.W. Field Co. v. Township of Franklin, 204 N.J. … If a municipality files such an action within that time frame, the Four Towns ask that immunity remain in effect while the trial judge establishes the municipality’s affordable housing obligation and compliance mechanisms

State v. Commissioner of Railroad Taxation

37 N.J.L. 228 · Supreme Court of New Jersey · Nov 15, 1874

Where the legislative intent is clearly manifested to establish the only rule that should govern, it operates by necessary implication as a repeal of all prior statutes in which a different rule was adopted. … The legislative intent to include all railroads within the scheme of taxation proposed in the first section of the act of 1873, is so clearly expressed as to admit of no doubt; and the mode of taxation therein established

Richard W. Berg v. Hon. Christopher J. Christie(074612)

225 N.J. 245 · Supreme Court of New Jersey · Jun 9, 2016

Then, in 2011, Chapter 78 suspended further COLAs, freezing the cost-of-living adjustment at the 2011 level for current and future qualifying retirees. L. *256 2011, c. 78, § 25. … its immunity.

Painter v. Painter

65 N.J. 196 · Supreme Court of New Jersey · Jun 5, 1974

Clearly any property owned by a husband or wife at the time of marriage will remain the separate property of such spouse and in the event of divorce will not qualify as. an asset eligible for distribution. … To the extent that such property is attributable to the expenditure of effort by either spouse, it clearly qualifies for distribution.

Murray v. Plainfield Rescue Squad

210 N.J. 581 · Supreme Court of New Jersey · Jul 17, 2012

The appellate panel found that “plaintiffs failed to establish a prima facie case” against JFK Medical Center, primarily because neither of plaintiffs’ experts offered an opinion that Mercy 9’s alleged failure to arrive timely … It is not our function to rewrite a plainly written statute or to presume that the Legislature meant something other than what it conveyed in its clearly expressed language.

In Re Review of Opinion 475 of the Advisory Committee on Professional Ethics & DR 2-102(C)

89 N.J. 74 · Supreme Court of New Jersey · Apr 28, 1982

Privileges and Immunities Clause The Privileges and Immunities Clause 9 ensures that non-residents and residents receive equal treatment with respect to “fundamental” activities whose restriction would “hinder the formation … The rule, therefore, does not offend the Privileges and Immunities Clause. D.

Stuyvesant Town, Inc. v. Ligham

17 N.J. 473 · Supreme Court of New Jersey · Feb 14, 1955

Ed. 721 , 739 (1949) : “* * * g0 far as concerns private persons claiming immunity for their ordinary business operations (even though in connection with governmental activities), no implied constitutional immunity can rest … ground for implying a constitutional immunity, there is equally a want of any ground for assuming any purpose on the part of Congress to create an immunity.’ ” We find in the State Eent Control Act of 1953, ante, and in

Brooks v. Odom

150 N.J. 395 · Supreme Court of New Jersey · Jul 15, 1997

Significantly, the court further found that the evidence established that plaintiff’s injuries were permanent. … We read the provision in the light of the general legislative intent *402 in the Act to establish immunity as the general rule and to subject a public entity for liability only as the Act provides. N.J.S.A 59:2-1.

E. A. Williams, Inc. v. Russo Development Corp.

82 N.J. 160 · Supreme Court of New Jersey · Feb 20, 1980

Tevis, 79 N.J. 422, 427-430 (1979) (acknowledged analogy of common law immunity to statutory period of limitation in determining that the immunity did not constitute substantive element of common law tort but served rather … established by 1967 as to make it reasonable to assume that the Legislature took this trend into account in enacting the statute.

Singer v. State

95 N.J. 487 · Supreme Court of New Jersey · Mar 19, 1984

The court in Nadeau prescribed a two-fold test to determine whether a litigant qualifies as a prevailing party. … In addition, plaintiff must establish that the relief granted had some basis in law.

State v. Graham

41 N.J.L. 15 · Supreme Court of New Jersey · Feb 15, 1879

According to the English routine, an entire immunity appears to have been, so far as I have observed, the result, without exception, of the judicial application • but in this country there is one recorded case, at least, … From my examination of the authorities, and from my knowledge of the course of practice, I am clearly of opinion, as I have already said, that it is entirely within the rightful province of this court to assent to and advise

Manning Engineering, Inc. v. Hudson County Park Commission

74 N.J. 113 · Supreme Court of New Jersey · Jul 26, 1977

Factual Basis for Reopening the Judgment The trial court’s findings clearly indicate the propriety of reopening the judgment in this case. … Referring to the use immunity provided by 18 U. S.

Township of Holmdel v. New Jersey Highway Authority

190 N.J. 74 · Supreme Court of New Jersey · Apr 4, 2007

(“The [Legislature very clearly disapproved of the Authority’s expansive interpretation of the provisions which the Authority believed authorized it to build an Arts Center.”), aff'd, 893 F.2d 1331 (3d Cir. 1989). … The phrase “as transferred” qualifies the Arts Center’s categorization as a highway project. The phrase does not imply an enlargement of the Arts Center’s statutory purpose.

Adams v. County of Atlantic

137 N.J.L. 648 · Supreme Court of New Jersey · Sep 3, 1948

.” / The two sections of the statute as enacted are under the heading entitled “Privileges and Immunities,” and we are of the opinion that both sections are related and must be read together. … We are satisfied that the respondent does not qualify for the salary differential under the statutory provisions aforesaid. The judgment of the court below is reversed.

Borough of Englewood Cliffs v. Thomas J. Trautner

Supreme Court of New Jersey · May 7, 2025

Although the Eleventh Amendment pertains to state sovereign immunity in federal court, it is well-established that states enjoy sovereign immunity from suit in their own courts and may define the scope of that immunity. … in federal court, it is well-established that states enjoy sovereign immunity from suit in their own courts and may define the scope of that immunity.”

In Re Estate of Ericson

74 N.J. 300 · Supreme Court of New Jersey · Aug 3, 1977

of non-qualified property. … Article II seeks to immunize the marital share from the payment of all death duties.

Duke Power Co. v. Patten

20 N.J. 42 · Supreme Court of New Jersey · Nov 21, 1955

The fact that someone contends for a meaning different from that clearly expressed does not make the construction of a law unsettled. … Rather the rule is that a litigant may bring an action in lieu of the prerogative writ based upon the premise that he can establish that the ministerial duty to be performed by the officer is set forth in language so clear

Rivkin v. Dover Township Rent Leveling Board

143 N.J. 352 · Supreme Court of New Jersey · Feb 29, 1996

After rehearing the matter, the Board awarded plaintiffs an additional *379 $25,089.67 in qualifying capital improvements. … or absolute immunity for the Board members.