Case law

Two Guys From Harrison, Inc. v. Furman

32 N.J. 199 · Supreme Court of New Jersey · Apr 4, 1960

But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision. … It is readily apparent that some of the exceptions are clearly based on necessity.

State v. Omar Vega-Larregui (085288) (Mercer County & Statewide)

Supreme Court of New Jersey · Apr 28, 2021

attached McLaughlin’s and Seidl’s certifications and the Attorney General attached Shanahan’s certification. 13 their participation in remote proceedings using Zoom.” 8 And all qualified … Some aspects of the overall legislation are clearly procedural and some substantive.

State v. Koedatich

112 N.J. 225 · Supreme Court of New Jersey · Aug 3, 1988

Other medical evidence established that she died approximately three to four hours after she left the mall. Testimony at trial established that Amie’s life for the few days prior to her death was relatively uneventful. … In other words, the State would have defendant prove that the prosecutor’s summation was clearly capable of producing an unjust result. State v.

City of Camden v. Byrne

82 N.J. 133 · Supreme Court of New Jersey · Feb 5, 1980

Cantwell, supra , it was recognized that the judiciary is unable to compel a requested appropriation even where a statutorily-defined substantive right to the monies is established, observing that although the particular … Whether or not petitioners receive the money to which they are clearly entitled rests exclusively with the Legislature. [ 89 N.J.

State v. Martini

139 N.J. 3 · Supreme Court of New Jersey · Dec 21, 1994

They do not establish disproportionality, however. … To qualify for consideration, such non-statutory factors must be objective, be rooted in traditional sentencing guidelines, have been clearly submitted to the jury, and be likely to influence a jury’s decision. Ibid.

Judy Komlodi v. Anne Picciano, M.D. (071301)

217 N.J. 387 · Supreme Court of New Jersey · May 20, 2014

In Ostrowski, the Court held that trial courts “must avoid the indiscriminate application of the doctrine of comparative negligence (with its fifty percent qualifier for recovery) when the doctrines of avoidable consequences … The panel maintained that the trial court clearly erred by giving a Scafidi charge.

State v. Thomas Zingis

Supreme Court of New Jersey · Aug 8, 2024

Based on the requirement that Alcotest Instruments are required to be recalibrated at least every six (6) months, Lieutenant Snyder’s testimony clearly established that the period within which an individual could have … ” listed on each letter is clearly in ERROR.

State v. Johnson

118 N.J. 10 · Supreme Court of New Jersey · Feb 15, 1990

The sentence was not so clearly unreasonable as to shock the judicial conscience. Id. at 364-65 , 471 A. 2d 370 . … However, at the sentencing hearing the State qualified its recommendation, stating: [W]e're not asking for the maximum. We're not asking for 10 years.

Iliadis v. Wal-Mart Stores, Inc.

191 N.J. 88 · Supreme Court of New Jersey · May 31, 2007

Accordingly, a class action “should lie unless it is clearly infeasible.” Riley, supra, 61 N.J. at 225 , 294 A.2d 7 ; see also Esplin v. … When one inflicts minor harm across a dispersed population, “the defendant is, as a practical matter, immune from liability unless a class is certified.” Stephen C. Yeazell, Civil Procedure 966 (5th ed. 2000).

Cumberland Mutual Fire Insurance v. Murphy

183 N.J. 344 · Supreme Court of New Jersey · May 23, 2005

I am satisfied that the various definitions for "willful harm" and "knowing endangerment," coupled with the qualifier — "whether or not expected or intended by the insurer" — demonstrate that the exclusionary provision was … Therefore, on its face, the behavior for which insurance coverage is sought is clearly excluded.

Sipko v. Koger, Inc.

214 N.J. 364 · Supreme Court of New Jersey · Jul 2, 2013

Instead, we conclude Robert’s interests in KDS and KPS clearly had value, which was not quantified by the factfinder. … Instead, the Court held that because “[ijllegality and fraud may also frustrate a shareholder’s reasonable expectations for a company but nonetheless not qualify as oppression,” such conduct may be actionable under the statute

Arnold v. Mundy

6 N.J.L. 1 · Supreme Court of New Jersey · Nov 15, 1821

The grant is not made to him as an individual, but as a qualified sovereign, created so by the same instrument, and thereby vested with a qualified sovereignty over the country. … The interference is clearly in our favor, notwithstanding the opinion of Mr. Dulaney.

State v. Sooy Oyster Co.

78 N.J.L. 394 · Supreme Court of New Jersey · Jan 6, 1910

This could be true only in a qualified sense, since a part of the evidence was necessarily parol testimony to identify the land and the boundaries. … Nebraska, as far as it goes, seems to indicate the contrary, and clearly the Leadville mining cases are authority for the assertion that such definite description is unnecessary.

State v. AO

198 N.J. 69 · Supreme Court of New Jersey · Mar 4, 2009

In addition, the examiner must be qualified and the test administered in accordance with established techniques. Ibid. … In other words, another expert, no matter how well qualified, cannot offer a contrary opinion about the test results.

Matter of Randolph

101 N.J. 425 · Supreme Court of New Jersey · Jan 7, 1986

Not only is a judge prohibited from engag *437 ing in political activities, Canon 7, but the permission of Canon 5(B) to engage in “civic and charitable activities” is qualified by the language that they “not reflect adversely … The Monmouth County Mental Health Board is a public body established by N.J.S.A. 30:9A-3. It is an agency of county government.

State v. International Federation of Professional & Engineers, Local 195

169 N.J. 505 · Supreme Court of New Jersey · Jul 12, 2001

Employees within their *511 functional work unit who are qualified and capable of performing the work without additional training shall be called upon to perform such overtime work. … Clearly, in this ease they have. The contract says that the arbitrator “may prescribe an appropriate back pay remedy when he [or she] finds a violation of this Contract.”

State v. Thomas Zingis

Supreme Court of New Jersey · Aug 8, 2024

Based on the requirement that Alcotest Instruments are required to be recalibrated at least every six (6) months, Lieutenant Snyder’s testimony clearly established that the period within which an individual could have … ” listed on each letter is clearly in ERROR.

Cypress Point Condominium Association, inc v. Adria Towers, Llc(076348)

226 N.J. 403 · Supreme Court of New Jersey · Aug 4, 2016

Citing Weedo and Firemen’s, the insurers argue that the panel’s holding conflicts with established law that CGL policies are only intended to provide coverage for damage caused by faulty workmanship to other property … Furthermore, we agree with other courts that “if the insurer decides that this is a risk it does not want to insure, it can clearly amend the policy to exclude coverage, as can be done simply by either eliminating the

East Bay Drywall, LLC v. Department of Labor and Workforce Development (085770) (Statewide)

Supreme Court of New Jersey · Aug 2, 2022

And second, 16 the employee will be eligible to collect unemployment benefits should the worker be discharged from employment and otherwise qualify. Ibid. … Indeed, “the [prong] C standard is satisfied when a person has a business, trade, occupation, or profession that will clearly continue despite termination of the challenged relationship.”

Roadway Express, Inc. v. Director, Division of Taxation

50 N.J. 471 · Supreme Court of New Jersey · Dec 18, 1967

Local business establishments made emergency major motor repairs to these vehicles on a contractual basis. … It remains established that a tax on an exclusively interstate business verbally based solely on the privilege of doing such business in the state is constitutionally forbidden.