Case law

MacDougall v. Weichert

144 N.J. 380 · Supreme Court of New Jersey · Jun 10, 1996

That recognition lends further credence to my contention that the ALI in no way intended to immunize retaliatory firings from civil liability. … Similarly, federal employment tax law provides that "a qualified real estate agent ... shall not be treated as an employee." 26 U.S.C.A. § 3508 (a)(1).

Eeb v. Da

89 N.J. 595 · Supreme Court of New Jersey · Jun 21, 1982

New Jersey, which has been the home of the child and parents for nearly three years, clearly has jurisdiction of the subject matter. … Under PKPA, jurisdiction may be based on significant contacts only if no state qualifies as the home state.

Reardon v. Marlayne, Inc.

83 N.J. 460 · Supreme Court of New Jersey · Jul 17, 1980

Here, the substantial relationship test is clearly satisfied. … As we have noted before, although persons are entitled to retain qualified counsel of their own choice, there is no right to demand to be represented by an attorney disqualified because of an ethical requirement.

State v. Gantt

101 N.J. 573 · Supreme Court of New Jersey · Jan 30, 1986

In particular, the appellate panel concluded that "neither a handgun * * * nor a rifle * * * nor a shotgun * * * nor a machine gun * * * need be operable for that weapon to qualify as a firearm" for purposes of imposing a … The Court clearly acknowledges that the State must prove that the weapon is a "firearm" in the sense that it was designed as a lethal gun. It simply chooses to posit the relevance of operability under its design rubric.

State v. Laws

51 N.J. 494 · Supreme Court of New Jersey · May 6, 1968

On appeal, the Court of Appeals found that, although the evidence did not establish murder in the first degree, it did establish murder in the second degree. … The foregoing approach is fair and sensible and clearly furthers the sound administration of justice.

Jb v. Mb

170 N.J. 9 · Supreme Court of New Jersey · Aug 14, 2001

Principles of fairness dictate that agreements provided by a clinic should be written in plain language, and that a qualified clinic representative should review the terms with the parties prior to execution. … Stat. ch. 742.17 (1997) (establishing joint decision-making authority regarding disposition of preembryos); La.Rev.Stat.

In Re MF

169 N.J. 45 · Supreme Court of New Jersey · Jul 17, 2001

In some municipalities, not every institution or organization that would otherwise qualify for notification may be close enough to warrant same, but in some cases, as suggested above, institutions or organizations in other … It clearly supports the presumptive notification that accompanies classification of a sex offender as a Tier Two registrant at moderate risk of re-offending.

Gladden v. Cadillac Motor Car Division

83 N.J. 320 · Supreme Court of New Jersey · Jun 30, 1980

Comment 1, it is clearly an important consideration. … Neither term has talismanic significance portending immortality for tires, the palladium of motoring, or perpetual immunity from traffic summonses.

State, in Interest of Jg

151 N.J. 565 · Supreme Court of New Jersey · Sep 25, 1997

N.S. and J.T. challenge the constitutionality of N.J.S.A. 2C:43-2.2 and N.J.S.A. 2A:4A-43.1, which require sex *570 offenders, [1] upon a request by the victim, "to submit to ... approved serological test[s] for acquired immune … [Gostin, supra, 271 JAMA at 1442.] *587 Clearly, a diversity of views exists within the medical community. Also, as the authorities indicate, our knowledge about AIDS treatment and diagnosis is constantly evolving.

In re the Expungement Petition of D.H.

204 N.J. 7 · Supreme Court of New Jersey · Oct 27, 2010

The Appellate Division rejected those contentions, noting first that “[a] petitioner seeking expungement has the burden of establishing compliance with the provisions of N.J.S.A 2C:52-3.” … Such a reading would render that statute's introductory qualifying phrase surplusage, a result we are duty bound to avoid. In re Attorney Gen.'s “Directive on Exit Polling: Media & Non-Partisan Pub.

In Re Grady

85 N.J. 235 · Supreme Court of New Jersey · Feb 18, 1981

In addition, the court should receive independent medical and psychological evaluations by qualified professionals. In re Hayes, supra, 93 Wash.2d 228 , 608 P.2d at 641 . … The concurring opinion misconstrues our position on a showing of necessity, a position that we have stated clearly.

Robinson v. Cahill

69 N.J. 133 · Supreme Court of New Jersey · May 23, 1975

We take this occasion to state our approval of the ongoing efforts of the Department of Education to establish *146 the components of a thorough and efficient system of education by formulation of standards, goals and guidelines … So clearly does our constitutional duty bespeak the present obligation of affirmative judicial action, that we have no doubt that the order we now make is constitutionally minimal, necessary and proper.

Clear Television Cable Corp. v. Board of Public Utility Commissioners

85 N.J. 30 · Supreme Court of New Jersey · Jan 26, 1981

National, operating in neighboring municipalities pursuant to Board 17(f) certification, was qualified for section 17(b) Board certification in Dover and Berkeley under any one of the three procedures approved above. … Even in its clearly intended application, namely where a company with consent in municipality “X” receives a certificate under 17(b) for both “X” and “Y,” the non-consenting municipality is not afforded the opportunity of

Waterson v. General Motors Corp.

111 N.J. 238 · Supreme Court of New Jersey · Jul 27, 1988

On the basis of these credentials, the trial court qualified Mr. Montalvo as an expert on the seat belt issue. Mr. Montalvo testified in detail concerning the injuries sustained by plaintiff. … The trial court observed that the seat belt defense had not been “clearly established” in New Jersey. 148 N.J.Super. at 214 .

Morton International, Inc. v. General Accident Insurance

134 N.J. 1 · Supreme Court of New Jersey · Jul 21, 1993

The courts are insisting that policies should clearly set forth intent. … The insurers participating in this coverage proceeding are clearly entitled to litigate for the first time the question whether a covered occurrence has been established. See Hartford Accident & Indent. Co. v.

State v. Miller

67 N.J. 229 · Supreme Court of New Jersey · Apr 22, 1975

Arizona, supra , established standards for police conduct so as to protect constitutional rights of persons accused of crime. … We exclude statements made under previous grant of immunity. We exclude offers to compromise or bargain for a plea, Evid. R. 52, and previously withdrawn guilty pleas. State v. Boone, supra . The decision in Miranda v.

State v. Brims

168 N.J. 297 · Supreme Court of New Jersey · Jun 19, 2001

Because defendant did not object to the jury instructions at trial, his conviction may be reversed only if there was plain error—an error that was "clearly capable of producing an unjust result," R. 2:10-2, such that a reasonable … B Some of the legal principles governing prosecutions pursuant to N.J.S.A. 2C:39-4(a) are reasonably well-established.

Robinson v. Cahill

67 N.J. 333 · Supreme Court of New Jersey · May 23, 1975

The Board and Commissioner are thus statutorily empowered to formulate statewide standards of educational quality as well as being uniquely qualified to do so. … Clearly today the doctrine of the separation of powers cannot be said to require a complete compartmentalization along triadic lines.

Comprehensive Neurosurgical, P.C. v. the Valley Hospital

Supreme Court of New Jersey · Apr 16, 2024

urges that hospitals should be held “to the standard of good faith and fair dealing” to prevent “abuse” of the credentialing process because such “abuse” would harm patient care, increase medical costs, unfairly question qualified … errors and hold that an unjust result was clearly capable of being reached.

State v. Wise

19 N.J. 59 · Supreme Court of New Jersey · Jun 20, 1955

The test is whether an impartial jury could be obtained from among the citizens of the county or whether they are so aroused that they would not be qualified to sit as a jury to try the case. … Then Albert continued to read and he read from there on in a low tone, but clearly enough to be heard in every way by me.