Case law

Sokol v. Liebstein

9 N.J. 93 · Supreme Court of New Jersey · Mar 10, 1952

Plaintiff argues that the trial court and the jury had the opportunity to pass on credibility and did so, the trial court reducing the verdict merely because the proofs did not establish the quantum of commissions claimed … “Due regard” is qualified and explained by the balance of the language of the rule: it must clearly and convincingly appear that the verdict was the result of mistake, partiality, prejudice or passion.

Moore v. Local Union No. 483

66 N.J. 527 · Supreme Court of New Jersey · Feb 14, 1975

In that case the Court held that a county medical society could not arbitrarily exclude a duly licensed and qualified physician from membership. … Journeymen Stonecutters’ Association, supra, is clearly distinguishable from the instant case.

Carlisle v. Cooper

21 N.J. Eq. 576 · Supreme Court of New Jersey · Nov 15, 1870

As a condition to the exercise of that power, it is essential that, the right shall be clearly established, or that it should previously have been determined by the action of the ordinary tribunals for the adjudication of … The rule is clearly stated by Chancellor Green in the líolsman case, thus: “ Whore an action is brought for overflowing the plaintiff’s lands by backwater from the defendant’s mill dam, it establishes no title by adverse

Deubel v. Kervick

33 N.J. 568 · Supreme Court of New Jersey · Dec 20, 1960

The essential objects of the Order as stated in the act of incorporation are “the education of youth and the establishment of churches and conducting of service therein.” … The seminary, situate in Morristown, is devoted to theological instruction for men who have qualified for study for the priesthood.

Steinmann v. State, Dept. of Treasury

116 N.J. 564 · Supreme Court of New Jersey · Aug 7, 1989

retirees under sixty-five years old who are considered “totally and permanently disabled” as a direct result of a “traumatic event” that occurred in the course of the performance of regular employment duties. 5 Those who qualify … Alternatively, she could have applied, as she did, for accidental-disability benefits; if rejected, she could qualify for ordinary-disability benefits.

In Re the Appeal of Certain Sections of the Uniform Administrative Procedure Rules

90 N.J. 85 · Supreme Court of New Jersey · Jun 29, 1982

The rule, however, does not clearly so provide. … These rules are of that character and are, therefore, clearly valid. N.J.A.C. 1:1—3.5 on sanctions warrants special note.

Zicherman v. Department of Civil Service

40 N.J. 347 · Supreme Court of New Jersey · Jul 1, 1963

The appellant appealed from the above determination and moved before the Appellate Division for leave to take additional evidence "for the purpose of establishing in detail the actual duties performed by the Supervising Clerk … candidate for a particular position, and the highly technical problem of devising suitable examination questions which will demonstrate as accurately as possible whether an applicant possesses those requirements sufficiently to qualify

Perth Amboy Dry Dock Co. v. Crawford

103 N.J.L. 440 · Supreme Court of New Jersey · Jan 31, 1927

Bennett had qualified as an expert. … Our examination of this case has satisfied us that the trial court grasped most intelligently the issues presented, ruled clearly and concisely upon the admission and rejection of testimony, and fairly and concretely presented

State ex rel. Pell v. Mayor of Newark

40 N.J.L. 71 · Supreme Court of New Jersey · Feb 15, 1878

The language of the amendment is clearly apt to prohibit the latter, but inappropriate to affect the former. … Policy is as clearly a question for the legislature. The duty of the several branches of our state government is well defined.

Dewey v. R.J. Reynolds Tobacco Co.

121 N.J. 69 · Supreme Court of New Jersey · Jul 26, 1990

That Act provides that states may not establish or continue “a requirement applicable to such substance * * * unless such requirement is identical to the warning established pursuant to the Act.” … Section 3a(2) also modifies the method of analyzing “obvious danger” as established in Campos v.

Pacifico v. Pacifico

190 N.J. 258 · Supreme Court of New Jersey · Apr 18, 2007

Ginger filed a cross-motion to buy out James’ interest for one-half of the $167,000 value that had been established by a broker’s market analysis in 1996. … Clearly, the burden of establishing immunity from distribution of a particular marital asset or portion of an asset rests upon the spouse who asserts it. Landwehr v.

Leah Coleman v. Sonia Martinez (084489) (Camden County & Statewide)

Supreme Court of New Jersey · Jul 15, 2021

Martinez filed a motion for summary judgment based on the following assertions: she was immune from liability under N.J.S.A. 2A:62A-16; the harm to Coleman was unforeseeable as a matter of law; Coleman failed to establish … “Had the Legislature intended to confer immunity” on licensed social workers, it would have stated so, Murray v.

State v. Coder

198 N.J. 451 · Supreme Court of New Jersey · May 4, 2009

Joyce’s out-of-court hearsay statements were offered at trial through her mother, Denise, as qualifying under the “tender years” exception to the hearsay rule. … Clearly, Joyce’s inability or unwillingness to testify at the Rule 104 hearing concerning the events of August 28, 2001, coupled with the fact that she was not even called as a witness at trial, rendered her “unavailable”

Marini v. Ireland

56 N.J. 130 · Supreme Court of New Jersey · May 18, 1970

Exceptions to the broad immunity inevitably developed.” The guidelines employed to construe contracts have been modernly applied to the construction of leases. 3 Thompson *142 on Real Property 377 (1959). … It could be argued that every such ease qualifies for removal to the Superior Court.

State v. Gaitan

209 N.J. 339 · Supreme Court of New Jersey · Feb 28, 2012

In our view, that result was sufficiently novel to qualify as a new rule. Indeed, if Padilla is considered an old rule, it is hard to imagine an application of Strickland that would qualify as a new rule. … On this record, looking ahead to the prejudice prong, we find no *379 evidence of prejudice, as Goulboume’s attention was clearly elsewhere.

L.A. v. D.Y.F.S (071921) (Mercer County and Statewide)

Supreme Court of New Jersey · Apr 23, 2014

On its face, N.J.S.A. 9:6-8.10 clearly indicates that the reporting requirement is applicable to all persons. … Super. at 578 (applying objective reasonableness test in granting immunity for child abuse reporting).

Hopper v. Stack

69 N.J.L. 562 · Supreme Court of New Jersey · Sep 19, 1903

inimical to secrecy than is the open and avowed partisan co-operation that has hitherto constituted the voter’s credential. • Apart, ■ however, from these considerations, the matter, as an incident of police regulation, is clearly … protect worshippers- at camp-meetings could not have been enacted without a determination of the fact of the existence of such associations, the objects of those so associated and the further fact that such objects included immunity

Crippen v. Central Jersey Concrete Pipe Co.

176 N.J. 397 · Supreme Court of New Jersey · May 22, 2003

We reaffirmed that "in order for an employer's act to lose the cloak of immunity under N.J.S.A. 34:15-8," both the conduct and context prongs, established in Millison , must be proved. Id. at 617, 790 A. 2d 884 . … We have emphasized that an employer's mere knowledge that the workplace is dangerous does not qualify as an intentional wrong.

Carlo v. the Okonite-Callender Cable Co.

3 N.J. 253 · Supreme Court of New Jersey · Dec 5, 1949

Some statutes of this nature have created penalties for violation of the standards so established. The effect of such statutes is clearly set forth in Evers v. Davis, 86 N. J. … It is well established, however, that statutes are to be construed with reference to the common law and that a statute which is claimed to impose a duty or establish a right which was not recognized by the common law will

Abbott Ex Rel. Abbott v. Burke

163 N.J. 95 · Supreme Court of New Jersey · Mar 7, 2000

Under this system, district-run schools will have qualified teachers; DHS-licensed providers will not. … That model clearly called for small classes headed by a qualified teacher, and not one teacher and two aides for every twenty students as permitted by the Department’s new regulation. We observe that in Dr.