Case law

Bolton v. Bolton

86 N.J.L. 622 · Supreme Court of New Jersey · Nov 16, 1914

Lynde must be restricted or qualified so as to cause it not to overrule the decision in the Barber case. … It may be assumed, so far as tire present- case is concerned, that the courts of' Yew York have the power to annul, vary or modify' a. decree for alimony', with reference to future installments, but it seems to be clearly

Barone v. Department of Human Services

107 N.J. 355 · Supreme Court of New Jersey · Jun 23, 1987

The Supreme Court applies intermediate scrutiny only when “concerns sufficiently absolute and enduring can be clearly ascertained from the Constitution” and the Court’s decisions. *366 Plyler v. … When welfare rights have been given priority, they have been linked to well-established constitutional rights. See, e.g., Goldberg v.

City of Camden v. Mulford

26 N.J.L. 49 · Supreme Court of New Jersey · Nov 15, 1856

The ordinance of the common council directing such public improvement is judicial in its nature, and extends immunity from private action for damages to those who perform the duty. In Parks v. … If this be so in point of fact, the plea is clearly good. It was so held in Bergen v. Clarkson, 1 Halst. 352.

State v. Flavell

24 N.J.L. 370 · Supreme Court of New Jersey · Feb 15, 1854

The second clause of the proviso qualifies the limitation, by confining it to a particular class of taxes. … This was clearly illegal, and to that extent the assessment should be corrected. The State v. Bentley, 3 Zab. 532.

State v. Ciancaglini

204 N.J. 597 · Supreme Court of New Jersey · Jan 19, 2011

The Legislature clearly understood how to provide for enhanced sentences by reference to prior convictions, but never endeavored to provide, even after our decision in Cummings , that a prior refusal conviction could be treated … Such a reading is consistent with the well-established principle that penal statutes must be strictly construed.

Ramos v. Browning Ferris Industries of South Jersey, Inc.

103 N.J. 177 · Supreme Court of New Jersey · Jul 8, 1986

The court found that because the employer is immune, “it cannot be a party to a negligence action.” Id. at 107 . … At the time of that revision, the established case law in New Jersey was that a third party may not obtain contribution or implied indemnity from an employer.

In re the Suspension or Revocation of the Licenses of Weston

36 N.J. 258 · Supreme Court of New Jersey · Dec 18, 1961

They also testified that an optometrist, by education and training, is qualified to perform all the tests. Assuming that all the experts were credible, at best we have here a reasonable difference of opinion. … Clearly the discovery of such departures from the normal would be in the interests of the public welfare. It is not enough to say that other procedures would be more appropriate to that end.

Council of New Jersey State College Locals v. State Board of Higher Education

91 N.J. 18 · Supreme Court of New Jersey · Aug 2, 1982

In regard to reemployment, N.J.A.C. 9:2-3.8 authorizes the rehiring of faculty members “who the President believes, as a result of his academic judgment, are qualified to fill the position.” … The tenure statute clearly refers to teaching staff reductions necessitated by a “natural diminution in pupils.”

Di Cosala v. Kay

91 N.J. 159 · Supreme Court of New Jersey · Aug 4, 1982

This Court has recognized a critical distinction between foreseeability necessary to create a legal duty and foreseeability necessary to establish proximate cause. … Though plaintiff’s presence at Reuille’s lodgings was not technically a circumstance within the actual scope of employment or an incident to the performance of employment duties, plaintiff clearly was exposed to the “enhanced

B. v. O.

50 N.J. 93 · Supreme Court of New Jersey · Jul 25, 1967

However, Pennsylvania law clearly does not deny a married woman standing to prosecute an action for support for illegitimate children born or conceived during wedlock. E.g. Commonwealth v. Ludlow, 206 Pa. … We note that under this interpretation the child, whose welfare must be the uppermost consideration, may be wholly deprived of support: the New Jersey putative father is immune from the mother's suit, *100 but the Florida

Commercial Credit Corp. v. Boyko

103 N.J.L. 620 · Supreme Court of New Jersey · May 24, 1927

The testimony adduced, on behalf of the defendant, to establish that the note in question was tainted with fraud, proceeded solely from him. … intended to enter into a binding contract under the laws of the State of Yew York, for though the contract of sale was made by the Wimple Auto Company, at Passaic, Yew Jersey, it contained this significant clause which clearly

Den ex dem. Martin v. Brown

7 N.J.L. 305 · Supreme Court of New Jersey · Nov 15, 1799

subjects— whenever he endeavors, by the terror of his power, the weight of his authority, or the force of arms, to compel them to a surrender of their essential privileges, instead of protecting them in the exercise of their immunities … America and England were under the authority of the same government, and owed allegiance to one monarch, was considered as a natural born subject of that crown, and entitled, in every part of his dominions, to the rights and immunities

Ads Associates Group, Inc. v. Oritani Savings Bank (069987)

219 N.J. 496 · Supreme Court of New Jersey · Sep 30, 2014

I do not believe that the UCC or the common law immunizes a bank from liability when it violates established norms of commercial conduct. I therefore respectfully dissent. I. A. … In the cross-petition, which we granted, Allen stated that “there was clearly a special relationship between Oritani and Allen....

State v. Labaw

32 N.J.L. 269 · Supreme Court of New Jersey · Jun 15, 1867

It is true, as urged for the defendant, that by the well established principles applicable to the election of officers by corporations, when a meeting is duly assembled, those who do not choose to vote, or who voluntarily … I am, therefore, clearly of opinion that the viva voce town meeting, attempted to be held on the eighth of April, at which Mr.

Horwitz v. Reichenstein

15 N.J. 6 · Supreme Court of New Jersey · Mar 22, 1954

If so, it is our clear duty to choose that construction which will carry out the legislative intent of the statute as a whole, and that the contention urged by the appellant clearly does not do. … With ward elections, moreover, a qualified person known principally in his own ward will be able to run for ward councilman prior to establishing a citywide reputation. * * * The election of some eouncilmen from wards is

Hansen v. Eagle-Picher Lead Co.

8 N.J. 133 · Supreme Court of New Jersey · Nov 5, 1951

However, later, still on direct examination, he qualified his statements by testifying that “there was sub-contractors and other men working and it was a lot of roof up there. … Ct. 1895) is typical, are all clearly distinguishable.

Rotino v. J. P. Scanlon, Inc.

125 N.J.L. 227 · Supreme Court of New Jersey · Aug 28, 1940

L. 511, he ruled that, to qualify a medical witness on the question of an increase or decrease of incapacity, he “must know” the employee’s condition at the time of the earlier award, and that, with one exception, the employee … Applying to the evidence the established rule that, where the disability is the product of disease aggravated by accidental injury of the statutory class, it is compensable, the employee has, it seems to me, clearly sustained

State v. Fuller

182 N.J. 174 · Supreme Court of New Jersey · Dec 22, 2004

Strauder established that it is a denial of equal protection for a defendant to be tried before a jury selected from a venire that, by law, excludes members of his or her race “because of color alone, however well qualified … Yet, members of other religions, lacking characteristic names or outward expressions of their faith, appear immune from detection.

State v. Pierce

188 N.J. 155 · Supreme Court of New Jersey · Aug 2, 2006

In defendant’s case they clearly were. That determination, based on objective facts gleaned from the record of a defendant’s criminal convictions, may be made by the court. … Rosen, 96 N.Y.2d 329 , 728 N.Y.S.2d 407 , 752 N.E.2d 844 (2001) (finding no constitutional right to jury trial to establish facts of prior conviction).

Consolidated Traction Co. v. Lambertson

59 N.J.L. 297 · Supreme Court of New Jersey · Nov 15, 1896

The claim is that upon the evidence given by Lambertson,. he was so clearly guilty of negligence contributing to his injury that the case should have been taken from the jury. … It was not contested that these witnesses were qualified to testify as experts.