Case law

United Services Automobile Ass'n v. Turck

156 N.J. 480 · Supreme Court of New Jersey · Dec 17, 1998

The agents established that the Hyundai was owned by Margaret Tucker, an uninsured motorist. … As a resident of his father’s household, plaintiff indisputably qualified as a covered person under the policy.

State v. Darryl Nieves; State v. Michael Cifelli

Supreme Court of New Jersey · Nov 20, 2025

Based on the testimony, evidence, and scientific studies and writings, the State has not met its burden of clearly establishing general acceptance in the relevant scientific communities … They maintain that context bias especially impacts SBS/AHT determinations, as experimental studies clearly establish.

State v. Haliski

140 N.J. 1 · Supreme Court of New Jersey · Apr 20, 1995

That program permits a panel of judges to reduce the custodial sentence of a defendant found to be qualified for the program. … Goldhammer, 474 U.S. 28 , 106 S.Ct. 353 , 88 L.Ed.2d 183 (1985), reaffirmed the recognition in DiFrancesco that “the decisions of this Court ‘clearly establish that a sentencing in a noncapital case] does not have the qualities

Wilentz v. Stanger

129 N.J.L. 606 · Supreme Court of New Jersey · Mar 11, 1943

Four days later Senator Foran was appointed to, and qualified for, the office of Director of Milk Control, an office created by the said legislation. … Bearing in mind the characteristic service of a counsel we believe that the general obligation laid upon any duly authorized appointee of the director” to enforce the *616 provisions of the act is not efficacious to establish

W.J.A. v. D.A.

210 N.J. 229 · Supreme Court of New Jersey · May 16, 2012

He clearly is not, nor is there any argument that he is associated in any way with the media. Next, we examine the content and context of Adams’s speech. … Indeed, in determining whether a duty exists, our law clearly identifies deterrence as an important element. Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 448 , 625 A.2d 1110 (1993).

Newark Plank Road & Ferry Co. v. Elmer

9 N.J. Eq. 754 · Supreme Court of New Jersey · Jun 15, 1855

The history of the proceedings in the cause are clearly stated in the opinion. Green, C. J. … We have, then, the fact as established and uncontradicted, that the depth of water is as great from the present extremity of the western pier to a distance of fifty feet nearer shore, as it is at the extremity of the pier

In re Accutane Litig.

234 N.J. 340 · Supreme Court of New Jersey · Aug 1, 2018

As for the remaining two studies, he explained that questionnaire-based studies such as Sivaraman are immune from the prodrome issue because they ask patients when their symptoms began and, thus, have "no limit going backwards … Goodman discussed the hierarchy of medical evidence, stating that observational *577 studies are second only to randomized controlled trials in terms of establishing causality. Like Dr.

Ranney v. Istituto Pontificio Delle Maestre Filippini

20 N.J. 189 · Supreme Court of New Jersey · Dec 12, 1955

That which is clearly implied from the purpose which under *198 lies a statute is as much, a part of the law as that which is expressed. Brandon v. Board of Commissioners of Town of Montclair, 124 N. J. … Another qualified witness, Paul Stirm, expressed the opinion “that it would be very costly, due to the topography of the land, to place one-family residences thereon.”

State v. Brunson

132 N.J. 377 · Supreme Court of New Jersey · Jun 15, 1993

Investigator Jose Martinez of the Union County Narcotics Strike Force, qualified as an expert in drug distribution, testified that the plastic caps retrieved from the sidewalk fit into glass vials that, when filled with cocaine … IV Defendant also contends that the State failed to establish an uninterrupted chain of custody of the cocaine seized at the crime scene and admitted into evidence.

State v. Downie

117 N.J. 450 · Supreme Court of New Jersey · Jan 31, 1990

That is clearly so in the post-peak stage. … Brayman, 110 Wash.2d 183 , 751 P.2d 294 (1988) (“While the record may establish that breath is a less direct measure of blood-alcohol levels, it does not establish a lack of *468 reasonable and substantial relationship between

Right to Choose v. Byrne

91 N.J. 287 · Supreme Court of New Jersey · Aug 18, 1982

Wade established a right to an abortion for any reason. 410 U.S. at 153 , 93 S.Ct. at 726 . … The majority believes it is qualified; I believe it is complete. See State v. Hunt, 91 N.J. 338 (1982) (Pashman, J., concurring).

Matter of Commitment of Edward S.

118 N.J. 118 · Supreme Court of New Jersey · Mar 8, 1990

Moreover, the Legislature has repeatedly qualified this requirement of uniform treatment with provisions requiring differential treatment of these groups. … Chrysler Corp., 546 F.Supp. 54, 73-75 (E.D.Mich.1982) (where Congress clearly intended to incorporate general F.L.S.A.

Trap Rock Industries, Inc. v. Kohl

59 N.J. 471 · Supreme Court of New Jersey · Nov 23, 1971

In brief, section 35.2 requires that all persons who propose to bid on highway work “shall first be classified by the department as to the character and amount of work on which they shall be qualified to submit bids.” … Gonzalez does not clearly reveal the nature of the relationship between the Gonzalez corporation and the federal agency.

State v. Reed

34 N.J. 554 · Supreme Court of New Jersey · May 8, 1961

J. 8. 2A: 170-8 was intended to limit the possession proscribed by the Drug Act; but that the Appellate Division should have directed a judgment of acquittal because the evidence clearly showed he possessed the marijuana … Accordingly, the Committee recommended the establishment of a custodial rehabilitation facility.

Matter of Judges of Passaic County

100 N.J. 352 · Supreme Court of New Jersey · Jul 29, 1985

All agree that PERC is uniquely qualified to conduct a representation election to choose an organizational representative for such employees. … That Act established the New Jersey Public Employment Relations Commission and gave it the authority to “make policy and establish rules and regulations concerning employer-employee relations in public employment relating

Franklin Discount Co. v. Ford

27 N.J. 473 · Supreme Court of New Jersey · Jun 25, 1958

The evidential weight of qualified expert knowledge was not credibly disputed and every plausible conclusion sustained the opinion expressed. … The trial court, by entering such judgment, clearly exceeded the corrective powers over the jury’s verdict granted it by the rules of court.

Terminal Construction Corp. v. Bergen County Hackensack River Sanitary Sewer District Authority

18 N.J. 294 · Supreme Court of New Jersey · Apr 25, 1955

If it were otherwise the construction of vital public and municipal projects would suffer by the failure of qualified bidders to enter the field for fear of risks beyond those which are foreseeable. … This was also clearly expressed in Articles 1 and 29.

In Re Determination of Executive Commission on Ethical Standards

116 N.J. 216 · Supreme Court of New Jersey · Aug 2, 1989

Nor do we hold that were the Legislature to confirm the holding of the Appellate Division, it would so clearly be an infringement on protected interests that it would be invalid. … These statutes establish Rutgers as an instrumentality of the State. As such, they unequivocally constitute Rutgers as a State agency under the Conflicts Law.

State v. Bolitho

103 N.J.L. 246 · Supreme Court of New Jersey · Jan 26, 1927

Whether or not he was improperly interested in the outcome of the trial of the defendant was a burden resting upon the defendant to establish by competent evidence. This he made no attempt to do. … Salmon, who was not qualified to be a jury commissioner by virtue of section 1 of the Chancellor-Sheriff Jury act; (1) that the grand jury consisted of only twenty-two members who were sworn in.

State v. Perricone

37 N.J. 463 · Supreme Court of New Jersey · Jun 4, 1962

The facts in the instant ease clearly evidence a more compelling necessity for the protection of a child’s welfare than those in Primee. … But it does not follow that because, such persons are immune from criminal prosecutions, the State is helpless in protecting children. Hoener, supra, 67 N. J. Super., at p. 523. III.