Case law

Susan Seago v. Board of Trustees, Teachers' Pension and Annuity Fund

Supreme Court of New Jersey · May 22, 2024

However, a member’s “tier” status is based on provisions in both the PERS and TPAF statutory schemes which establish rules for retirement tethered to a member’s date of enrollment. … See N.J.A.C. 17:3-7.1(b)(4) (“The member’s service credits and enrollment date established in the former system shall be transferred into the new membership account.”

In the Matter of the Civil Commitment of P.D. (083027)(Essex County & Statewide)

Supreme Court of New Jersey · Aug 11, 2020

In August 2017, the State filed a petition to civilly commit P.D., relying on P.D.’s conviction for an offense that qualified as a “sexually violent offense” as defined in N.J.S.A. 30:4-27.26, and other offenses. … Although the person facing commitment may waive N.J.S.A. 30:4-27.29(a)’s twenty-day deadline for a hearing date as P.D. did in this matter, the Legislature clearly did not envision that the parties in SVPA civil commitment

Blum v. INTERNATIONAL ASS'N OF MACHINISTS, AFL-CIO.

42 N.J. 389 · Supreme Court of New Jersey · Jun 1, 1964

The union's business agent had wrongfully refused to refer the plaintiff to a particular job for which he had been sought and for which he was qualified under union rules. … Clearly, the case at hand does not come within any of the stated exceptions to Garmon.

Barcon Associates, Inc. v. Tri-County Asphalt Corp.

86 N.J. 179 · Supreme Court of New Jersey · May 28, 1981

II Commercial arbitration is a long-established practice in New Jersey consistently encouraged by the Legislature. … It is clearly in the interests of all concerned for the two parties to review the disclosures made by arbitrators under the rule in a spirit of fairness and reasonableness.

St. Pius X House of Retreats v. CAMDEN DIOCESE NJ

88 N.J. 571 · Supreme Court of New Jersey · Apr 5, 1982

He wrote: [T]he immunity of the vendor [from loss of the bargain damages] does not extend beyond his inability to perform his contract, by reason of a defection in his title which was unknown to him at the time he entered … Moreover, it is arguable that Gravino should have been alerted by the circumstance that one tract alone was described as containing 151.12 acres, clearly approximating the contract quantity of 150 acres more or less.

State v. Demetrius Cope (074206).

224 N.J. 530 · Supreme Court of New Jersey · Apr 25, 2016

City of Champlin, 27 F.3d 1346, 1354 (8th Cir. 1994) (finding qualified immunity for protective sweep incident to in-home arrest because situation was chaotic and occupants were aggressive towards officers). … Thus, for example, if documents of unquestioned authenticity established that the confessor was jailed in a maximum security facility when he claimed to have committed the crime, then the court would have authority to

Warren v. Pim

66 N.J. Eq. 353 · Supreme Court of New Jersey · Nov 21, 1904

If it be assumed that the ownership of deposited shares is necessary to qualify one for membership in the committee of the association, it is at the same time entirely obvious that the number of shares required to qualify … It is incumbent upon the appellants to establish such acquiescence and ratification.

McNeil v. Legislative Apportionment Commission

177 N.J. 364 · Supreme Court of New Jersey · Jul 31, 2003

Clearly, the attempt to reduce the number of districts in Newark and Jersey City from three to two is to minimize the chance of democratic control of the Legislature. … Hankinson, 94 N.J.Super. 505, 513-14 , 229 A.2d 267, 271-72 (App.Div.1967) (governmental immunity raised sua sponte). This case cries out for the sua sponte application of res judicata.

Nini v. Mercer County Community College

202 N.J. 98 · Supreme Court of New Jersey · Jun 1, 2010

Nini, a twenty-six year employee, clearly falls within that category as a factual matter. … We therefore conclude that those questions "qualify as important matters of public interest” and thus we will address the merits of this appeal. Id. at 484-85, 946 A.2d 564 .

Smith v. SBC Communications Inc.

178 N.J. 265 · Supreme Court of New Jersey · Jan 21, 2004

Because the retailer is not a telecommunications carrier, it does not file a tariff establishing the terms and conditions governing its resale of the pre-purchased telecommunications services. … As additional support for that conclusion, the FCC explained: [M]any of the issuers of ... prepaid [calling] cards are companies that clearly are not telecommunications providers.

Maher v. New Jersey Transit Rail Operations, Inc.

125 N.J. 455 · Supreme Court of New Jersey · Aug 1, 1991

Although Maher contends that adjudication of his claim would not require an interpretation of the collective-bargaining agreement, clearly it would. … It is inconceivable to me that by enacting the RLA, Congress intended to immunize railroads from state anti-discrimination laws.

State v. J.A.C.

210 N.J. 281 · Supreme Court of New Jersey · Jun 14, 2012

Whether C.A’s attempts to impersonate an experienced adult communicated fact or fantasy, the instant messages clearly constituted “sexual conduct” as broadly defined in N.J.S.A. 2C:14—7(f). … Defendant established before the jury that C.A.’s sexually explicit correspondence with these men was discovered by her mother.

Gardner v. Pawliw

150 N.J. 359 · Supreme Court of New Jersey · Jul 14, 1997

That is how it is qualified, yes. Q. … Kalafer has clearly said, to push for the delivery. That’s the critical issue. Had there been an abnormal test, and there was a possibility — unrefuted. Had this doctor listened to Mrs.

Borough of Saddle River v. 66 East Allendale, LLC (070525)

216 N.J. 115 · Supreme Court of New Jersey · Oct 21, 2013

of a property based on another use is to be considered by a jury, the determination of reasonable probability of a zoning change must be made by the judge before the evidence is presented to the jury, and it must be made clearly … However, the court prohibited Brody from explaining why the variance would have been approved because he was not a professional planner and thus not qualified as an expert to make that assessment.

Stephanie Washington v. Carlos Perez, Olympia Trails & Olympia Trails Bus Company (072522)

219 N.J. 338 · Supreme Court of New Jersey · Sep 10, 2014

She asserts that she provided adequate proof to satisfy the test articulated by this Court in Clawans because defendants’ expert witnesses were clearly witnesses who would be expected to testify at trial, defendants had … Strelinger, 43 N.J. 330, 345-46 (1964) (reversing finding of negligence against defendant doctor and holding that “evidence of a deviation from accepted medical standards must be provided by competent and qualified physicians

Del Tufo v. Township of Old Bridge

147 N.J. 90 · Supreme Court of New Jersey · Dec 12, 1996

A plaintiff must establish that there was an indifference to serious known medical needs. … Clearly the ingestion of a large amount of cocaine is likely to cause harm to a person’s well being.

Avco Financial Services Consumer Discount Co. v. Director, Division of Taxation

100 N.J. 27 · Supreme Court of New Jersey · Jun 26, 1985

"Taxation in one state is not an immunization against taxation in other states." West Publishing Co. v. … The Tax Court considered each of these factors and found it to be clearly de minimis and therefore an insufficient basis on which to sustain a tax. 4 N.J. Tax at 357. I agree.

Brundage v. New Jersey Zinc Co.

48 N.J. 450 · Supreme Court of New Jersey · Jan 23, 1967

The ratio by which the G & W preferred could be converted into common would be based on 112.5% of the price of the common at the time the conversion rate was established. … They acted in good faith on the advice of qualified financial advisors; (c) Zinc minority stockholders are treated fairly no matter which stock they choose to accept — preferred or common; (d) All conflicts of interest were

State v. Terry

232 N.J. 218 · Supreme Court of New Jersey · Mar 14, 2018

Indeed, the State has a "compelling interest in maintaining highway safety by ensuring that only qualified drivers operate motor vehicles and that motor vehicles are in a safe condition." … Clearly, there have been opportunities to challenge the limited registration exception before the United States Supreme Court. We are confident that this warrant exception passes constitutional muster. C.

New Jersey Division of Youth & Family Services v. F.M.

211 N.J. 420 · Supreme Court of New Jersey · Aug 14, 2012

The family court determined that Fernanda was unable or unwilling to shield her children from a person who clearly presented a risk of harm to her children. … “[T]o satisfy the fourth prong, the State should offer testimony of a well qualified expert who has had full opportunity to make a comprehensive, objective, and informed evaluation of the child’s relationship with both the