Case law

Shepherd v. Hunterdon Developmental Center

174 N.J. 1 · Supreme Court of New Jersey · Aug 7, 2002

To establish a cause of action under the LAD based on a hostile work environment, plaintiffs must satisfy each part of a four-part test. … An unwelcome job transfer clearly constitutes a discrete act. See Morgan, supra, — U.S. at -, 122 S.Ct. at 2073 , 153 L.Ed.2d at 122 .

Red Bk. Reg. Ed. Assn. v. RED BK. REG. HIGH SCH. BD.

78 N.J. 122 · Supreme Court of New Jersey · Aug 3, 1978

To be given effect, any such waiver must be clearly and unmistakably established, and contractual language alleged to constitute a waiver will not be read expansively. United Steelworkers v. … Employee rights with respect to the presentation of grievances to their employer clearly qualify as terms and conditions of their employment.

Peper v. Princeton University Board of Trustees

77 N.J. 55 · Supreme Court of New Jersey · Jul 5, 1978

Defining the burden a plaintiff must meet to establish a prima facie case of discrimination is a delicate task. … The gist of McDonnell-Douglas is that an employee who is a member of a protected group and who is qualified for hiring or promotion may not be rejected for any reason other than the fact that another seemingly qualified individual

Wene v. Meyner

13 N.J. 185 · Supreme Court of New Jersey · Jul 9, 1953

The irregularities pleaded must be sufficient, if established by proof, to warrant the relief sought. … (Emphasis supplied) Clearly this requirement of the statute is directed both to the prospective voter and the district election board.

State v. Jamel Carlton

Supreme Court of New Jersey · Dec 19, 2025

The far-ranging trial proofs that might be needed to establish a defendant's membership in a criminal organization for purposes of N.J.S.A. 2C:39-5(i) stand in stark contrast to the simple proofs needed to establish that … Clearly, the commentary in the 1971 Final Report presupposed that a defendant has no constitutional right to have the sentencing issue decided by a jury.

Utley v. Board of Review, Department of Labor

194 N.J. 534 · Supreme Court of New Jersey · May 15, 2008

Clearly, Utley did all that was “‘necessary and reasonable in order to remain employed.’ ” Brady v. Bd. of Review, 152 N.J. 197, 214 , 704 A.2d 547 (1997) (quoting Heulitt v. … Comm. of Manalapan, 140 N.J. 366, 378 , 658 A.2d 1230 (1995) (“A trial court’s interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference.”).

Karlin v. Weinberg

77 N.J. 408 · Supreme Court of New Jersey · Aug 8, 1978

Eq. at 191, the recitation of the general rule clearly demonstrates that restrictive covenants would be enforceable upon a showing that they provided needed protection to the covenantee without interfering with the interest … If [plaintiff] lias built up a practice so large that he is unable to take care of it without the aid of qualified assistants, he is entitled to the emoluments thereof, and to be protected against the loss of those emoluments

State ex rel. C.V.

201 N.J. 281 · Supreme Court of New Jersey · Mar 22, 2010

Moreover, because C.V. was clearly beyond her grandmother’s control, the court placed her in the custody of the Division of Youth and Family Services. … court has such flexibility on resentencing a probationer following a violation of probation, there was no reason for the family court below to have felt constrained by the mandatory-credit direction in Rule 5:21-3(e) when establishing

Doe v. Bridgeton Hospital Ass'n, Inc.

71 N.J. 478 · Supreme Court of New Jersey · Nov 17, 1976

The parties stipulated that there were doctors on the staffs of each of the hospitals who were willing and *485 qualified to perforin elective abortions and that the occupancy rate in 1971 of obstetrical beds in Bridgeton … The record does not establish the first premise.

Kervick v. Bontempo

29 N.J. 469 · Supreme Court of New Jersey · Apr 7, 1959

That certainly is clearly expressed. … L. 1948, c. 415, authorized a $15,000,000 bond issue for the establishment and construction of a high-speed transit system for the southern area of the State; it provided for payment from operating' revenues and if need be

State v. Kirk

145 N.J. 159 · Supreme Court of New Jersey · Jul 10, 1996

Instead, they must *170 show clearly and convincingly their entitlement to relief under the standard established herein. … -B- Defendant qualified for an extended term sentence under section 6f because in 1988, he was convicted in New York of third-degree attempted sale of cocaine to an undercover police officer, a violation of section 220.39

In the Matter of the Proposed Quest Academy Charter School of Montclair Founders Group

216 N.J. 370 · Supreme Court of New Jersey · Dec 16, 2013

The Commissioner determines whether the applicant is a “qualified applicant” that advances to phase two of the evaluation process. See N.J.A.C. 6A:11-2.1(b)(3), (c). … The information clearly is intended to assist the Commissioner in her consideration of the application.

State v. Maguire

84 N.J. 508 · Supreme Court of New Jersey · Dec 2, 1980

Since a very substantial proportion of those now in prison will not qualify for resentencing, and therefore will not obtain the advantages of individualization and reduction of disproportionate sentences contemplated by the … The Code establishes a system of grading for virtually every offense.

State v. Mayberry

52 N.J. 413 · Supreme Court of New Jersey · Jul 23, 1968

This claim was of course clearly rejected by the jury’s finding of murder in the first degree. … Indeed this supported Mayberry’s testimony that there had been a struggle and it was clearly nonprejudicial.

State v. Deliso

75 N.J.L. 808 · Supreme Court of New Jersey · Mar 2, 1908

the same time is, from another point of view, the climax of a series of acts that culminated in the crime for which the defendant is on trial, the question of the rejection of the testimony in toto, or of its absolute or qualified … as to the defendant ought to have found that a specific intent to take the life of Luigi was also established.

Harrison v. New Jersey Railroad

19 N.J. Eq. 488 · Supreme Court of New Jersey · Jun 15, 1868

But at the time it is asserted he made this hypo-thecation, he had not even proved the will and thus qualified himself to dispose of any part of the assets of the estate. … Harrison, acted in a manner which clearly showed that hé was in entire.

Oberhand v. Director, Division of Taxation

193 N.J. 558 · Supreme Court of New Jersey · Feb 27, 2008

Oberhand) executor and trustee, and established two trusts, a Marital Trust and a Family Trust. … Clearly, the decedents did not have an opportunity to amend their estate plans to avoid the adverse estate tax consequences. The reliance on the previous law by plaintiffs is obvious and clearly to their detriment.

State v. David Bueso(074261)

Supreme Court of New Jersey · Jun 8, 2016

N.J.R.E. 601 provides that all persons should be qualified to testify, and that disqualification should be the exception. … “[O]ur ‘system of justice . . . has established as a general rule that all persons should be qualified to testify, and that disqualification should be the exception[.]’”

Garden State Farms, Inc. v. Mayor Louis Bay, II

77 N.J. 439 · Supreme Court of New Jersey · Aug 9, 1978

IV, § 7, ¶ 11, legislative intent to supersede local powers must clearly be present. Kennedy v. City of Newark, 29 N.J. 178, 187 (1959); see also Summer v. Teaneck, 53 N.J. 548, 554-555 (1969). … Clearly he should, at the very least, acknowledge the relevance of the local zoning ordinance with respect to applications for private heliports and helistops.

Lusardi v. Curtis Point Property Owners Ass'n

86 N.J. 217 · Supreme Court of New Jersey · Jun 4, 1981

But this principle must be qualified where land has a unique character and a statewide policy designates what uses are appropriate for such land. … This scheme clearly conflicts with State priorities for the use of the State’s oceanfront resources.