Case law

James v. Bd. of Trustees of PERS

164 N.J. 396 · Supreme Court of New Jersey · Jun 20, 2000

The same provisions were added to the statutes establishing the Teachers’ Pension and Annuity Fund (TPAF) and the Police and Firemen’s Retirement System (PFRS) at about the same time. … Hanover Township, 58 N.J. 410 , 278 A.2d 200 (1971) (discussing whether abrogation of spousal immunity, applied to successful litigant in Immer v.

In Re Shain

92 N.J. 524 · Supreme Court of New Jersey · Mar 16, 1983

Here, the Committee, in properly exercising its legislative purpose, clearly did not usurp the Mayor’s executive power. … The Mayor moved to vacate and quash the subpoena alleging that he was immune therefrom under the doctrine of separation of powers.

State v. R.B.

183 N.J. 308 · Supreme Court of New Jersey · May 23, 2005

It may not be considered by you as establishing that the child was a victim of sexual abuse or that the defendant committed an act of sexual abuse on the child. … We again reinforce the overarching principle that CSAAS expert testimony cannot be *329 allowed as substantive proof to establish guilt or innocence. State v. J.Q., supra, 130 N.J. at 579 , 617 A.2d 1196 .

State v. DiCarlo

67 N.J. 321 · Supreme Court of New Jersey · May 13, 1975

After being qualified as an expert witness, the chemist testified that the blood tests for alcohol and barbiturates were negative. … adequate to establish beyond a reasonable doubt that the drug can be considered a “narcotic” under the plain or generic meaning of that term.

Columbia Delaware Bridge Co. v. Geisse

35 N.J.L. 558 · Supreme Court of New Jersey · Jun 15, 1871

from the year 1821 until his death, which occurred on the 5th of May, 1860,” and that, upon his death, the defendants, “ as his widow and only heirs-at-law,” became “ seized and possessed *561 of said ferry, with all its immunities … I do not think it necessary, at the present time, to review these cases, which, as I think, have completely established this doctrine, but I will simply refer to one which is the latest and most authoritative.

Kasper v. TEACHERS'PEN. & ANN. FUND

164 N.J. 564 · Supreme Court of New Jersey · Jul 18, 2000

Those amended statutes included the TPAF Law. 2 The amendments provided that, in order to receive accidental disability benefits, an employee must establish that he or she was “permanently and totally disabled as a direct … Thus, a teacher who is required to come early or stay late for parent conferences or sports practices clearly qualifies for an accidental disability pension if she receives a disabling traumatic injury while performing those

Garrison v. Township of Middletown

154 N.J. 282 · Supreme Court of New Jersey · Jul 7, 1998

Apparently recognizing the incongruity of an analysis that makes the dangerousness of property depend not on its general condition but rather on a specific plaintiffs use, the Court qualifies its holding by observing that … The Court has found that the legislative policy expressed in the Act was “to establish immunity as the general rule.” Id. at 373 , 593 A.2d 335 ; see also Manna v.

C. v. C.

54 N.J. 223 · Supreme Court of New Jersey · Jun 27, 1969

In the past, although admittedly in another context (common law immunity), we have not hesitated to initiate change in a well established doctrine in an attempt to bring the law into focus with modern society. … We qualify this holding only because it is not possible to foresee all situations which might arise.

Caldaro v. Ferber

39 N.J. 314 · Supreme Court of New Jersey · Feb 18, 1963

This provision is clearly not applicable to the present case. The term “transferred” in B. S. 11:21-4 is not qualified in any manner. … requirements that would qualify the holder of such a position to carry out his duties in a competent and responsible manner.”

Mutual Benefit Life Insurance v. Hillyard

37 N.J.L. 444 · Supreme Court of New Jersey · Jun 15, 1874

Any attempt to do it would be an act clearly inconsistent with the state of Avar, but the debtor is-not discharged for that reason. … This should have no immunity from the fate of every other contract, when, by an unexpected event, it becomes unlawful literally to carry it out.

Collopy v. Newark Eye and Ear Infirmary

27 N.J. 29 · Supreme Court of New Jersey · Apr 28, 1958

The immunity policy has had legislative notice; but there has been no adverse action. … Thus, the Legislature considered the immunity policy and refused to modify the existing law.

Prud. Prop. & Cas. Ins. Co. v. Monmouth County Mun.

141 N.J. 235 · Supreme Court of New Jersey · May 25, 1995

The Legislature enacted the Tort Claims Act to establish qualified governmental immunity for the negligent acts of governmental entities and their employees. See N.J.S.A. 59:1-2. … "declared [it] to be the public policy of this State that public entities shall only be liable for their negligence within the limitations of [the Tort Claims Act] and in accordance with the fair and uniform principles established

James R. Jarrell v. Richard A. Kaul, M.D. (072363)

223 N.J. 294 · Supreme Court of New Jersey · Sep 29, 2015

For example, N.J.S.A 45:9-19.11 immunizes members of the BME from liability for actions taken in the course of their administrative obligations, and N.J.S.A. 45:9-22.3(b) immunizes a physician from liability for failing to … The Court stated: State regulations now clearly require practicing physicians maintaining a professional office ... to obtain a minimum amount of medical malpractice insurance as a condition for licensure.

Dexter v. Board of Commissioners of Pilotage

70 N.J.L. 429 · Supreme Court of New Jersey · Feb 23, 1904

The powers of the commissioners of pilotage are derived from “An act to establish and regulate pilots for the ports of Jersey City, Newark and Perth Amboy by way of Sandy Hook,” approved April 17th, 1846, and certain supplements … By reference to section 1 of the act of 1846 (above quoted) it clearly appears that the commissioners are clothed with a large discretion about admitting applicants to the pilotage service.

State v. Cassidy

235 N.J. 482 · Supreme Court of New Jersey · Nov 13, 2018

The proponent of the technique has the burden to "clearly establish" general acceptance, State v. … As the Romano Court explained: Under Johnson , conditions of admissibility must be "clearly established." 42 N.J. at 171 [ 199 A.2d 809 ].

State v. Monia

132 N.J.L. 91 · Supreme Court of New Jersey · Aug 30, 1944

Their genuineness was clearly proved. They were at all times, prior to their admission, in proper custody. … The state had established a case which required the submission thereof to the jury. Nor can we say that the verdict is against the weight of the evidence.

Moore v. State

43 N.J.L. 203 · Supreme Court of New Jersey · Mar 15, 1881

The personal right needs not to be proved, but (he necessity of the public power must be established. … Can any law be more clearly ex post facto ? ” So with the case of this plaintiff.

Payton v. New Jersey Turnpike Authority

148 N.J. 524 · Supreme Court of New Jersey · Mar 26, 1997

Those exceptions, though important, are qualified in two ways. … The section clearly excludes defendant’s operation of a highway.

Ross v. Miller

115 N.J.L. 61 · Supreme Court of New Jersey · Apr 18, 1935

But any doubt as to the legislative design in this regard is resolved by the application of another well established principle in aid of the construction of legislative enactments. … It would clearly do violence to the legislative purpose and policy to hold that if the membership were so' reduced to one, the surviving member could fill all vacancies.

Dennery v. Board of Education

131 N.J. 626 · Supreme Court of New Jersey · Apr 8, 1993

Petitioner thereafter became qualified to hold the administrative certificate. … The Commissioner and State Board approved the establishment of this position.