Case law

Catena v. Seidl

68 N.J. 224 · Supreme Court of New Jersey · Aug 19, 1975

Having failed to establish clearly and convincingly that continued imprisonment has lost its coercive import, Catena should not be freed. I would reverse. Justice Mountain joins in this dissent. … The plaintiff places great stress on the argument that the trial judge’s findings should not be disturbed unless clearly mistaken. *234 State v. Johnson, 42 N. J. 146 (1964).

State v. Torres

183 N.J. 554 · Supreme Court of New Jersey · Jun 16, 2005

Seddens, 878 S.W.2d 89, 92-93 (Mo.Ct.App.1994) (noting gang expert properly qualified and testimony helpful to jury to establish motive for shooting was gang rivalry); State v. … Vazquez’s testimony concerning the operations and structure of the MS-13 gang was clearly beyond the ken of the average juror.

NIEMIERA BY NIEMIERA v. Schnieder

114 N.J. 550 · Supreme Court of New Jersey · Apr 13, 1989

In his view, “it needed to be spelled out more clearly, *557 then one would have to say, this could cause a real problem in the brain and nervous system, and these are things you must watch.” … Rothman, supra, 110 N.J. 204 , established that the standard of informed consent related to the patient's needs, not the physician’s judgment.

May v. West Jersey & Seashore Railroad

62 N.J.L. 67 · Supreme Court of New Jersey · Jun 13, 1898

There was no evidence that he was qualified, or would be qualified during his minority, for any more remunerative occupation. … The conclusion reached is that the verdict is clearly excessive.

State v. LaBrutto

114 N.J. 187 · Supreme Court of New Jersey · Feb 16, 1989

Clearly, there was more than sufficient evidence to warrant defendant’s conviction. … A conviction will not be reversed unless the jury verdict clearly and convincingly constitutes a miscarriage of justice. See R. 2:10-1, 3:20-1. Evidence in this case establishes that there was no miscarriage of justice.

Interstate Wreck. Co. v. Palisades Interstate Pk. Comm.

57 N.J. 342 · Supreme Court of New Jersey · Jan 25, 1971

In that year the Palisades Interstate Park Commission was established by the compact as the "joint corporate municipal instrumentality of the States of New Jersey and New York" with appropriate provision for the transfer … While these provisions clearly support the administrative separations between the states in the Commission's operations they hardly serve to narrow the breadth of the sue and be sued clause. Cf. 109 N.J.

Viscik v. Fowler Equipment Co., Inc.

173 N.J. 1 · Supreme Court of New Jersey · Mar 28, 2002

that (4) the employer sought to, or did fill the position with a similarly-qualified person. … This was a pretext case, not a reasonable accommodation case and the law clearly distinguishes between those theories.

Hawksby v. DePietro

165 N.J. 58 · Supreme Court of New Jersey · Jul 25, 2000

Clearly, a private doctor would be liable to [the employee] for malpractice. There is no logical reason to treat company physicians differently. … Because of the inherent difficulty of proving-negligence when the plaintiff is afflicted with a preexisting condition, the Court has continued to apply a lower burden-of-proof standard for plaintiffs to establish a prima

Burnson v. Evans

137 N.J.L. 511 · Supreme Court of New Jersey · Aug 18, 1948

The point of residence arises thus: This judicial district was established by chapter 39 of the laws of 1913. Pamph. L., p. 67. The territory embraced in the district included the Township of Ocean. … The appointment upon which the incumbent relies is not palpably deficient in legal warrant, and thus his possession is de facto and not merely colorable and clearly void.

Rochinsky v. State of NJ, Dept. of Transp.

110 N.J. 399 · Supreme Court of New Jersey · May 23, 1988

The discretionary nature of a municipality’s decision as to what snow to remove, when to remove it, and how to remove it is more clearly expressed in the earlier snow removal case of Amelchenko v. … The factual predicate for the immunities established in Amelchenko and Miehl was that the conditions at issue in those cases were such that the plaintiffs should have anticipated the hazard that caused the injury.

Meehan v. Board of Excise Commissioners

75 N.J.L. 557 · Supreme Court of New Jersey · Mar 2, 1908

There is here no exclusive privilege, immunity or franchise. … The section is an exercise of the police power of the state, and unless it be clearly arbitrary or violative of the natural or property rights of the citizen it cannot be pronounced unconstitutional because of its discriminations

Greenway Development Co. v. Borough of Paramus

163 N.J. 546 · Supreme Court of New Jersey · May 15, 2000

Alternatively, defendants argued that Greenway had failed to establish the requisite elements of a claim for interference with prospective economic advantage. Greenway cross-moved for summary judgment. … Clearly that is what the Legislature intended when it stated that “it is hereby declared to be the public policy of this State that public entities shall only be liable for their negligence within the limitations of this

In Re Gun Permits of Preis

118 N.J. 564 · Supreme Court of New Jersey · May 8, 1990

One whose life is in real danger, as evidenced by serious threats or earlier attacks, may perhaps qualify within the latter category but one whose concern is with the safety of his property, protectible by other means, clearly … may not so qualify. [7d at 557, 284 A.2d 533 .]

State v. Hudson

209 N.J. 513 · Supreme Court of New Jersey · Feb 6, 2012

The construction given to the qualifying “so far as possible” language does not render the qualifier superfluous. … Thus, the qualifying wording has substance and applicability without giving the qualifier so broad a sweep that the clear and plainly included proscription is reduced to a mere preference to be considered in unguided fashion

R.F. v. Abbott Laboratories

162 N.J. 596 · Supreme Court of New Jersey · Feb 29, 2000

Heller, Zuck, and Meyer, clearly indicated that Dr. … The supplement shall clearly identify the change being made and include necessary supporting data.

State v. Board of Health

49 N.J.L. 349 · Supreme Court of New Jersey · Feb 15, 1887

In these circumstances, what proof is required to establish a title to office acquired by such an appointment ? … But whatever was understood as to the mayor’s intentions, the fact is clearly made out that when Clarke’s nomination was made, the mayor was not absent from Trenton, nor in any way disqualified from performing the duties

State v. Fertig

143 N.J. 115 · Supreme Court of New Jersey · Jan 4, 1996

In exchange for “conditional immunity,” Spier related that he had driven a man to Caesar’s. … London qualified his belief by stating that no one unless present at the session could determine with certainty whether Dr. Babcock had successfully hypnotized Spier. Both Dr. Spiegel and Dr.

University Cottage Club of Princeton New Jersey Corp. v. New Jersey Department of Environmental Protection

191 N.J. 38 · Supreme Court of New Jersey · May 30, 2007

First, you should recognize that being “non-profit” does not automatically qualify an organization for property tax exemption. … (They are off-campus clubs and clearly not part of the University.) Secondly, your criteria says that: “The property must be open to the public on a regular basis.” This is clearly not the case.

New Jersey State Board of Optometrists v. S. S. Kresge Co.

113 N.J.L. 287 · Supreme Court of New Jersey · Aug 17, 1934

And a statute prohibiting the sale at retail, in any store or established place of business, of “any spectacles, eyeglasses, or lenses for the correction of vision, unless a duly licensed physician or duly qualified optometrist … But this clearly does not constitute the practice of optometry.

Morgan v. Civil Service Commission

131 N.J.L. 410 · Supreme Court of New Jersey · Apr 14, 1944

The" protection accorded to citizens of the United States by the “privileges and immunities” clause has reference merely to those rights and privileges which, under the constitution and laws of the United States, are incident … Individual liberty of conscience, of speech and of press, maj’ not be indirectly qualified by political incapacitations.