Case law

Donna Rowe v. Bell & Gossett Company(081602)(Middlesex County and Statewide)

Supreme Court of New Jersey · Sep 11, 2019

Plaintiff argues that the Appellate Division correctly found that the evidence did not qualify under N.J.R.E. 803(c)(25)’s hearsay exception for statements against interest. … deposition testimony indicated that the defendant companies or entities alleged to be predecessor companies sold asbestos-containing products without warnings about the dangers of asbestos exposure during a period that was clearly

State v. Biegenwald

106 N.J. 13 · Supreme Court of New Jersey · Mar 5, 1987

In another press conference the prosecutor clearly indicated that he believed that defendant was guilty. … That was "whether an impartial jury could be obtained from among the citizens of the county or *88 whether they are so aroused that they would not be qualified to sit as a jury to try the case."

Donna Rowe v. Bell & Gossett Company(081602)(Middlesex County and Statewide)

Supreme Court of New Jersey · Sep 11, 2019

Plaintiff argues that the Appellate Division correctly found that the evidence did not qualify under N.J.R.E. 803(c)(25)’s hearsay exception for statements against interest. … deposition testimony indicated that the defendant companies or entities alleged to be predecessor companies sold asbestos-containing products without warnings about the dangers of asbestos exposure during a period that was clearly

Journeymen Barbers' International Union, Local 687 v. Pollino

22 N.J. 389 · Supreme Court of New Jersey · Oct 29, 1956

After the opinion was filed the International's constitution was amended to provide, as it now does, that any barber who works at the trade and is otherwise qualified is eligible to membership and "all members are entitled … The union is seeking to withdraw recognition of defendants' barber shops as "union" establishments, and thus to compel the union employees of the shopowners to terminate their employment or surrender their union membership

State v. Dante C. Allen

Supreme Court of New Jersey · Aug 2, 2023

The trial court qualified Toth as an expert in firearms toolmark identification, firearms operation, and ballistics comparison. … Fifth, although the surveillance video presented to the jury by no means establishes that defendant intentionally shot at McGhee, it shows McGhee approaching defendant, defendant running away with McGhee in close pursuit

Sinclair v. Merck & Co., Inc.

195 N.J. 51 · Supreme Court of New Jersey · Jun 4, 2008

Plaintiffs' CFA claim does not fall within an exception to the PLA, but rather clearly falls within its scope. Consequently, plaintiffs may not maintain a CFA claim. V. … In general, the PLA adopted the strict liability standards established in Suter v.

State v. Coyle

119 N.J. 194 · Supreme Court of New Jersey · Jun 11, 1990

I thought depravity of mind, one of the three choices provided by the Statute, most clearly described what happened here. … The testimony established that defendant ran after the victim shooting at him as he ran down the street.

State v. Gibson

68 N.J. 499 · Supreme Court of New Jersey · Nov 6, 1975

The factual support of guilt has been established by the jury, and the result has been knowingly and willingly accepted by the defendant. The situation equates to a guilty plea. … This was clearly an involuntary, coercive agreement bargained for by the court. [1] See State v. Spinks, supra at 573, n. 2 . [2] See State v.

State v. Duquene Pierre(072859)

223 N.J. 560 · Supreme Court of New Jersey · Dec 17, 2015

She also qualified her prior statement that Kirby Pierre was home all day with her on March 15 19, 1994, the day that defendant claimed to have departed for Florida. … The attorney’s decision to assert an alibi defense based on the speeding ticket clearly constituted a sound strategic choice.

State v. INTERN. FED., LOCAL

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

Employees within their 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 case 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."

A-90-18 H.R. & I.R. v. New Jersey State Parole Board (082373) (Mercer County & Statewide)

Supreme Court of New Jersey · Jun 1, 2020

A program to monitor these sex offenders should be established. [N.J.S.A. 30:4-123.90.] … Clearly, a criminal investigation is not the prompt for imposition of monitoring under SOMA.

Brundage v. Estate of Carambio

195 N.J. 575 · Supreme Court of New Jersey · Jul 15, 2008

Johnson, 203 N.J.Super. 436, 438-41 , 497 A.2d 242 (Law Div.1985) (declining to follow another trial court’s decision that a pedal bicycle qualifies as a motor vehicle for driving while intoxicated purposes), nor, as a practical … Clearly, the trial and appellate courts have the power to impose sanctions on attorneys; they have the inherent power to do so as a means to enforce our ordinary rules of practice and discovery.

State v. Rasul McNeil-Thomas (080758) (Essex County and Statewide)

238 N.J. 256 · Supreme Court of New Jersey · Jun 18, 2019

Nor did the State call a qualified lay or expert witness who might have offered testimony about the model of the cars in the short, grainy video clips. … Clearly, defense counsel was aware of the video segment and its import.

New Jersey Turnpike Authority v. American Federation of State, County & Municipal Employees

150 N.J. 331 · Supreme Court of New Jersey · Jul 14, 1997

In 1966, the Legislature established the Public and School Employees’ Grievance Procedure Study Commission “to study the need for a *345 procedure to be established for the presentation of grievances by public and school … The statutory definition is clearly narrower than that proposed by Governor Cahill in his veto message; “directing the effectuation” connotes a higher level of authority than does “effectuating and making operative.”

Thompson v. City of Atlantic City

190 N.J. 359 · Supreme Court of New Jersey · May 16, 2007

The broad grant of authority to the mayor, however, is qualified by “a heightened standard of ethical responsibility.” McCann, supra, 167 N.J. at 331 , 771 A.2d 1123 . … Clearly, under the Faulkner Act, a mayor cannot prosecute a lawsuit for money damages against the municipality he leads and at the same time defend it against that litigation.

In Re the Estate of Lange

75 N.J. 464 · Supreme Court of New Jersey · Mar 6, 1978

Other jurisdictions have imposed similarly rigorous requirements: *480 S' *• * To establish a ratification by a cestui que trust, the fact must not only be clearly proved, but it must be shown that the ratification was made … The terms of the testamentary trust established by Philip Lange created a present one-third interest on the part of each of his three children in the trust remainder.

State v. JAC

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

In Garron , this Court suggested that sexual speech could qualify as "sexual conduct" under N.J.S.A. 2C:14-7 when it is part of a continuing course of conduct that involved both sexually charged comments and physical contact … 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).

State v. Czachor

82 N.J. 392 · Supreme Court of New Jersey · Apr 2, 1980

Christener, 71 N.J. 55 (1976), we held that the trial judge committed error by delivering a first degree murder instruction when the proofs failed to establish the requisite elements of that crime, and that it was plain error … Even though that admonition is followed by a qualified reminder for jurors not to surrender conscientious views, such “balancing” language is ineffective. See ante at 401.

In Re Niles

176 N.J. 282 · Supreme Court of New Jersey · May 28, 2003

Laura believed that Bono was qualified to be her trustee because he was a "very, very smart" "insurance executive," *5 involved in "high finances, mergers, and acquisitions." … The majority clearly understands the import of its holding: "[t]hat claim directly implicates the American Rule....

State v. Guido

40 N.J. 191 · Supreme Court of New Jersey · May 20, 1963

The medical testimony established that at the time of the shooting *197 defendant’s menstrual period was but a week or so overdue. … The objection was clearly unsound, since a party need not accept the contentions of his adversary in framing his question. Rather such matters may be explored on cross-examination. State v. Bertone, 39 N.