Case law

O'Neill v. City of Bayonne

99 N.J.L. 430 · Supreme Court of New Jersey · Apr 4, 1924

or which may be established for the police force in such municipality.” … L. 678 (at p. 681). *434 Prima facie the prosecutor was a de jure officer until the contrary is established by competent proof.

DeAngelis v. Hill

180 N.J. 1 · Supreme Court of New Jersey · May 11, 2004

“Statements of opinion, as a matter of constitutional law, enjoy absolute immunity.” Dairy Stores, Inc., supra, 104 N.J. at 147 , 516 A.2d 220 . … Therefore, Turf failed to establish actual malice. Ibid. B.

Corrigan v. Gassert

27 N.J. 227 · Supreme Court of New Jersey · Jun 2, 1958

The fact that a person is uninsured does not establish that he is financially irresponsible. We conclude that the language of N. J. S. … The decedent’s widow, the plaintiff herein, was clearly a “qualified person” to give notice prior to her appointment as administratrix ad prosequendum. Murray v. Gassert, 23 N. J. 22, 34 (1956).

Giles v. Gassert

23 N.J. 22 · Supreme Court of New Jersey · Dec 3, 1956

A. 39:6-78, provided the claimant established, inter aliathe giving of the notice prescribed by section 5, N. J. S. … That which is clearly implied is as much a part of the law as that which is expressed. Brandon v. Board of Com'rs of Town of Montclair, 124 N. J. L. 135, 143 (Sup. Ct. 1940), affirmed 125 N. J. L. 367 (E. & A. 1940).

In Re Hunterdon County Board of Chosen Freeholders

116 N.J. 322 · Supreme Court of New Jersey · Aug 9, 1989

The County also argues that the program, aside from its asserted statutory immunity from negotiation, is non-negotiable because it does not sufficiently implicate the “terms and conditions” of employment, and, further, it … The County also argues that the remedy ordered by PERC, payment of award money to those employees who would have qualified under the terms of the program for 1985, is erroneous because it not only provides for payment to

State v. Clarke

56 N.J.L. 62 · Supreme Court of New Jersey · Nov 15, 1893

politic and corporate in fact and in law whenever, at a special election to be called for that purpose, as hereinafter provided, it may be so decided by a majority of votes of the electors of said proposed borough who are qualified … The two statutes would clearly appear to be applicable to different classes of ■this character of municipalities.

State ex rel. Kipnis v. Dittmar

12 N.J. Misc. 606 · Supreme Court of New Jersey · Jul 12, 1934

L. 1921, pp. 263, 269), which directed the governor to appoint, within thirty days after the passage of the act, an “additional member” of the board of medical examiners, established by an act to regulate the practice of … The term was fixed at three years, “and until his successor is appointed and qualified.”

State v. Clark

58 N.J. 72 · Supreme Court of New Jersey · Mar 22, 1971

A. 3A:87-3) so as to provide immunity for a woman who was compelled to testify before the grand jury about her pregnancy and the consent abortion committed upon her. … Alabama considered that a man who qualified as a “substitute father” under its regulation was not an absent parent within the meaning of the federal statute.

Cooper Hospital v. City of Camden

68 N.J.L. 691 · Supreme Court of New Jersey · Mar 9, 1903

“The legislature shall not pass private, local or special laws * * * granting to any corporation, association or individual any exclusive privilege, immunity or franchise whatever. … supplement of 1849, the county commissioners of a county through which the road passed w-eare authorized to *701 subscribe for stock in the railroad company and issue bonds to pay for the same, provided a majority of the qualified

State v. Wolf

46 N.J. 301 · Supreme Court of New Jersey · Jan 24, 1966

Therefore, he contends the double jeopardy clauses of both Eederal and State Constitutions give him complete immunity against further exposure to any punishment greater than life imprisonment. … Although it may be argued persuasively that in principle the two cases are repugnant, still in a footnote to his opinion in Green , Justice Black said they are “clearly distinguishable.” 355 U.

Schulman v. Kelly

54 N.J. 364 · Supreme Court of New Jersey · Jul 1, 1969

The conclusion was that because sheriff’s offices in Yew Jersey generally performs no investigative or other law enforcement activity, the experience per se would not qualify the applicant, who also would have to establish … We do not here consider the extent of the word “investigator” in (a) except to state that plaintiff’s occupation in Hudson County is clearly encompassed thereby.

Andersen v. Exxon Co.

89 N.J. 483 · Supreme Court of New Jersey · May 24, 1982

No one disputes the fact that Andersen was otherwise qualified for the job. … Sullivan told Andersen that he was qualified and would be hired pending a pre-hiring examination by Butenas.

Rutherford Education Ass'n v. Board of Education

99 N.J. 8 · Supreme Court of New Jersey · Apr 11, 1985

Luke’s Catholic Church, 27 N.J. 22 (1958), in which immunity of charitable organizations for tort liability was overturned retrospectively, in view of the fact that validity of the immunity had been questioned for a considerable … not to investigate accidents in which spousal immunity would have precluded a claim).

Card v. Wilkins

61 N.J.L. 296 · Supreme Court of New Jersey · Feb 15, 1898

In view of this evidence the trial judge was asked to charge the jury that if they found that plaintiff was explicitly and clearly forbidden by defendants or their agent to do the act in which he received his injury he could … The doctrine would be deprived of any practical application if the immunity of the master would not exist except the servant knew the danger, for if that danger was patent and obvious, it was one which the employe took.the

Grigoletti v. Ortho Pharmaceutical Corp.

118 N.J. 89 · Supreme Court of New Jersey · Mar 5, 1990

Jersey Central Power & Light Co., 51 N.J.Super. 139 , 143 A.2d 762 (App.Div.1958), the fact that those decisions were used to support a new principle of law by no means establishes the fact that they clearly foreshadowed … Additionally, Woolley was clearly perceived at the time of the decision as bold, new law. See, e.g., “To Fire at Will?

In Re Addonizio

53 N.J. 107 · Supreme Court of New Jersey · Dec 16, 1968

Moreover, the Attorney General is better situated to decide whether immunity should be granted when the witness gives some indication of the matters upon which immunity is sought. … And although immunity from use of evidence is less than an immunity from prosecution, still it is sound to require the witness to make a claim of privilege the court finds sufficient.

State v. Kenny

68 N.J. 17 · Supreme Court of New Jersey · Jul 8, 1975

The Marcus language, although dictum, clearly and unequivocally states that once immunity has been granted, the witness is entitled to protection with respect to any facet of his compelled testimony. In United States v. … . § 1952 (a) which forbids, inter alia, use of any facility in interstate commerce to "promote, manage, establish [and], carry on * * * any unlawful activity."

ROSENBERG BY ROSENBERG v. Cahill

99 N.J. 318 · Supreme Court of New Jersey · May 13, 1985

According to the father the tumors appearing in the x-rays were “pointed out” to him, clearly dispelling an inference that these abnormalities would be obvious to a layperson. … Knapp would be qualified as an expert to evaluate the expected performance of a chiropractor in recognizing in an x-ray an abnormal condition and referring his patient to a qualified practitioner. Dr.

State ex rel. Haight v. Love

39 N.J.L. 14 · Supreme Court of New Jersey · Nov 15, 1876

The power of rescission then was clearly gone. … Such has been the well-settled law since the resolutions in Bagg’s ease, 11 Rep. 93, corrected and so established by Lord Mansfield’s opinion in Rex v. Richardson, 1 Burr. 517.

Levine v. Wiss & Co.

97 N.J. 242 · Supreme Court of New Jersey · Jul 31, 1984

That duty was to apply established accounting principles to the financial facts as they found them. See Rosenblum v. Adler, supra, 93 N.J. at 342 . … These precedents establish that we should be focusing on function, not form.