Case law

Township of West Windsor v. Public Employment Relations Commission

78 N.J. 98 · Supreme Court of New Jersey · Aug 3, 1978

This concept is clearly the core meaning of the term “grievances” as used in Art. I, para. 19. … A. 34:13A-5.3, the Legislature added the following sentence: Notwithstanding any procedures for the resolution of disputes, controversies or grievances established by any other statute, grievance' procedures established by

Meding v. Todd

56 N.J. Eq. 820 · Supreme Court of New Jersey · Sep 20, 1898

Todd, but that it did establish to his satisfaction Miss Roe’s right to receive for herself a dividend on the sum of $5,000, and to receive for Mr. … We think that notice to the receiver was not clearly proved. In our view; however, this is not a case to which the law of *826 notice is applicable.

Paterson Publishing Co. v. New Jersey Bell Telephone Co.

21 N.J. 460 · Supreme Court of New Jersey · May 7, 1956

A fair reading of all of the testimony establishes beyond question that Paterson Publishing Company was an integral part of an operation which encompassed the three corporate entities (Atlantic Television Corporation, Service … McMahon, a qualified representative of the Thoroughbred Racing Protective Bureau, testified that he could see no reason for anyone wanting flash information of the type being disseminated except “bookmakers and past posters

Lewis v. American Cyanamid Co.

155 N.J. 544 · Supreme Court of New Jersey · Jul 20, 1998

In essence, United seeks immunity from liability resulting from its decision to use a more flammable propellant than one that was a suspected teratogen and ozone-depleter. … The dissent contends that the subsequent ban immunizes defendants from liability for not using P-22 at a time when it was not banned.

Carteret Properties v. Variety Donuts, Inc.

49 N.J. 116 · Supreme Court of New Jersey · Mar 27, 1967

Although that limitation appears on the first page of the current lease, it is qualified as has been noted above to allow sale of newspapers and nickel candy, operation of a dining room or restaurant and installation and … Furthermore, jurisdiction to enter judgment for possession depends upon establishment of a breach of the use covenant of the lease. Defendant maintains plaintiff failed to meet that burden.

Hackensack Water Co. v. De Kay

36 N.J. Eq. 548 · Supreme Court of New Jersey · Mar 15, 1883

The complainants’ bill was designed to establish the mortgage for the benefit of the bondholders as a class, and a decree in conformity with it should *558 establish the mortgage as a valid mortgage for the benefit of all … In a suit upon the bond it was objected that Day was not qualified to be mayor, and therefore his acts were void.

In Re Hudson County Board of Taxation

128 N.J.L. 574 · Supreme Court of New Jersey · Aug 4, 1942

Allegiance of the employees of the board run to those duly qualified under the circumstances recited. … Clearly, the court has the power to compel the clerk of the board to recognize the authority of those who hold the state’s warrant of office.

ISKOS. v. Planning Bd. of Tp. of Livingston

51 N.J. 162 · Supreme Court of New Jersey · Feb 5, 1968

Barnabas decided to establish a modern medical center elsewhere. … Moreover, in terms of the original grant of 1958, it qualifies also as an appurtenance.

Worden v. Mercer County Board of Elections

61 N.J. 325 · Supreme Court of New Jersey · Jul 14, 1972

Registration tests that make it more difficult for non-native students to qualify than for other students or citizens with similar intentions should be prohibited. … All this was in violation of the legal principles approvingly expressed in this opinion and clearly called for broad judicial relief.

State v. Puryear

52 N.J. 81 · Supreme Court of New Jersey · Jun 6, 1968

The proofs adduced by the State clearly showed that at no time during the presence of the. police in the apartment did defendant make an appearance. … “Most large-city gambling is established or controlled by organized crime members through elaborate hierarchies.

NJ EL. LAW ENF. COM'N v. Citizens

107 N.J. 380 · Supreme Court of New Jersey · Jun 25, 1987

, * * * or by deciding an issue of first impression whose resolution was not clearly foreshadowed * * *. … The demise of that immunity had been foreshadowed, at least in part, for several years." Id. at 399 (footnote omitted).

Dvorkin v. Township of Dover

29 N.J. 303 · Supreme Court of New Jersey · Mar 10, 1959

It is a settled proposition that “That which is clearly implied from the purpose which underlies a statute is as much a part of the law as that which is expressed. Brandon v. … It is firmly established that municipal liens, and the rights arising therefrom, are solely statutory in origin and are fixed and determined by the statute. See, e. g., Nordell v. Mantua Tp., supra; Nelson v.

Lally v. Copygraphics

85 N.J. 668 · Supreme Court of New Jersey · Apr 27, 1981

Consequently, while we affirm the judgment below, we modify and qualify the rationale offered by the Appellate Division. … The Legislature, having established the standard of conduct which employers must follow, determined the civil relief available to employees when that standard is violated.

In re Alleged Non-Compliance by RCN of NY

186 N.J. 83 · Supreme Court of New Jersey · Mar 1, 2006

Despite growing federal and state regulatory involvement in the cable industry, the FCC established exceptions that exempt certain cable providers from regulation. … No. 98-549, 98 Stat. 2779 (codified as amended at 47 U.S.C. §§ 521 to 573), which adopted the dual, federal-state regulatory system first established by the FCC.

Ayers v. Township of Jackson

106 N.J. 557 · Supreme Court of New Jersey · May 7, 1987

In construing the statutory language, we are cognizant that the legislative intent was to re-establish the immunity of all governmental bodies in New Jersey except in the circumstances enumerated in the Act. … We are cautioned by the Comment to N.J.S.A. 59:2-1 that [t]he approach should be whether an immunity applies and if not, should liability attach.

Jd v. Mdf

207 N.J. 458 · Supreme Court of New Jersey · Jul 28, 2011

It's not—it just doesn't seem, quite frankly, to be coherent in the sense that you're thinking clearly, sir.... … For purposes of subsection a., a single act can be enough and the act, given that it took place at what could clearly qualify as an "extremely inconvenient hour," N.J.S.A. 2C:33-4a, could theoretically constitute a predicate

Griscom v. Evens

40 N.J.L. 402 · Supreme Court of New Jersey · Nov 15, 1878

It was admitted that the evidence, if competent, would have been sufficient to establish beyond contradiction the intention of the testator to include his estates in Clare in the devise. … Indeed the rule may be said to be a general rule that, whenever the testator’s intention to give the whole as an entirety clearly appears from the language of the will, whether such intention is expressed by a designation

State v. Fede

237 N.J. 138 · Supreme Court of New Jersey · Mar 12, 2019

The statute qualifies what conduct is prohibited -- including obstruction of the administration of law -- by reference to how the activity is carried out -- including by means of "physical interference or obstacle." … In sum, N.J.S.A. 2C:29-1(a) clearly states that any means of alleged obstruction other than those explicitly listed must be accompanied by "affirmative interference" to run afoul of the criminal obstruction statute.

In Re Wellhofer

137 N.J.L. 165 · Supreme Court of New Jersey · May 19, 1948

In my opinion this qualified statement of the Local Government Board might well be said to raise considerable speculation with respect to the propriety and the manner and method adopted by the governing body in adopting the … Under all the circumstances an investigation of the transaction is clearly warranted.

State v. Jamil McKinney(073070)

223 N.J. 475 · Supreme Court of New Jersey · Aug 27, 2015

To warrant reversal, the error must be clearly capable of producing an unjust result. … Additionally, the defendant alleged that the trial judge did not clearly establish that an attempt requires a purposeful mens rea, even if another mental state could establish the underlying crime. Id. at 298.