Case law

State v. Harvey

151 N.J. 117 · Supreme Court of New Jersey · Jul 30, 1997

The burden to "clearly establish" each of these methods is on the proponent. Williams, supra, 252 N.J. Super. at 376 , 599 A. 2d 960 . … The uncritical admission of this evidence in a capital trial without even remotely establishing its validity is an egregious wrong. E. The burden is on the proponent of evidence clearly to establish its admissibility.

State v. Zola

112 N.J. 384 · Supreme Court of New Jersey · Oct 7, 1988

We believe that the court clearly intended to permit each of the views of manslaughter to be considered by the jury. … Carter, 91 N.J. 86, 110-11 (1982), discusses the rule established in Brady v.

Dunn v. Praiss

139 N.J. 564 · Supreme Court of New Jersey · Apr 18, 1995

Although it grants immunity to certain HMO employees, the HMO Act does not confer immunity from medical mal *569 practice lawsuits on the HMO itself. Robbins v. … It offers more than health insurance alone * * *. * * * * * * * * Plan members receive health care from a large number of well qualified, highly trained physicians.

Campbell v. New Jersey Racing Commission

169 N.J. 579 · Supreme Court of New Jersey · Oct 11, 2001

(To establish certified standards, a company must comply with rules established by the National Institute of Standards and Technology.) Dr. … In sum, two qualified experts and documentary evidence supported the Commission’s laboratory procedures.

Richardson v. Kulp

81 N.J.L. 123 · Supreme Court of New Jersey · Feb 27, 1911

The present case is not one where the promise to pay is appealed to as presumptive evidence of due notice, because the want of due notice is clearly established, but is put upon the ground that the promise amounts to a waiver … S. 497 , it was held “a party to a note entitled to notice may waive it by a promise to see it paid, or an acknowledgment that it must be paid, or a promise that he will set the matter to rights, or by a qualified promise

Berry v. Chamberlain

53 N.J.L. 463 · Supreme Court of New Jersey · Jun 15, 1891

Looking into these several provisions of the act, it becomes clearly manifest that the course of proceeding here delineated constitutes, with respect to every essential,'relating either, to form or substance, a trial at law … In several of the states there are statutes having this narrow and abortive operation, but such bear but a. .slight analogy to the act under consideration, with respect ■either to the procedure established or the design of

State v. Mejia

141 N.J. 475 · Supreme Court of New Jersey · Jul 12, 1995

Clearly defendant’s death sentence is disproportionate to his crime. … Kleinman was clearly interested in establishing the nature and extent of the .abuse the defendant suffered and in explaining the impact of abuse on a child’s subsequent development.

Gourmet Dining, LLC v. Union Township (083146)(Tax Court & Statewide)

Supreme Court of New Jersey · Jun 30, 2020

Under the State Constitution, all real property within New Jersey is subject to taxation unless it qualifies for a statutory exemption. … Because N.J.S.A. 54:4-1.10 so clearly intends to cover user arrangements such as these, the Court relies on the Tax Court’s analysis of that statute’s applicability here.

Nolan v. Otis Elevator Co.

102 N.J. 30 · Supreme Court of New Jersey · Feb 26, 1986

Eligibility to participate in the HSSRP was limited to managerial employees who, by virtue of their service, already qualified for early retirement under Otis’ basic pension plan. … In the preemptive section of 514(a) Congress used the phrase “relate to” in its broad sense; hence the pregnancy-benefit provisions clearly related to the administration of an ERISA plan.

Borys v. Borys

76 N.J. 103 · Supreme Court of New Jersey · Apr 25, 1978

an integral part of a single nation, in which rights judicially established in any part are given nation-wide application. … R. 1366), it is clear that the State of the forum has at least as 'much leeway to disregard the judgment, to qualify it, or to depart from it as dods the State where it was rendered.

Alfone v. Sarno

87 N.J. 99 · Supreme Court of New Jersey · Jul 20, 1981

Likewise, if defendant failed, to raise a defense such as immunity in the earlier action, he may not do so in the later action. … It was “clearly not awarded” and “not reasonably discoverable” in the personal injury action.

Cherokee LCP Land, LLC v. City of Linden Planning Bd.

234 N.J. 403 · Supreme Court of New Jersey · Aug 2, 2018

Nevertheless, standing requires that, in addition to establishing its "right to use, acquire, or enjoy property," a party **417 must establish that that right "is or may be affected." N.J.S.A. 40:55D-4. *605 B. … Indeed, the MLUL clearly and unambiguously provides that standing may be afforded to those with a "right to use, acquire, or enjoy property." N.J.S.A. 40:55D-4.

Tormee Construction, Inc. v. Mercer County Improvement Authority

143 N.J. 143 · Supreme Court of New Jersey · Feb 6, 1996

It has been widely recognized and clearly established that where the experience of a public contracting agency confirms the risk that its project will be threatened by labor disputes, interrupted by strikes or delayed by … The public work is clearly substantial, needed and important.

Bayonne Textile Corp. v. American Federation of Silk Workers

116 N.J. Eq. 146 · Supreme Court of New Jersey · May 4, 1934

But in this he was clearly in error. … It was clearly not the purpose of congress, as a part of the emergency program, to put collective bargaining on this parochial basis.

Ferrante Equipment Co. v. Foley MacHinery Co.

49 N.J. 432 · Supreme Court of New Jersey · Jul 5, 1967

Iu New Jersey there is no statute establishing an artisan’s lien. However, such a common-law lien is clearly recognized by N. J. … Thus, the artisan’s lien qualified as a lien arising under a rule of law as required by N. J.

Clarence Haley v. Board of Review

Supreme Court of New Jersey · Mar 17, 2021

In February 2018, two months after Haley’s arrest, a grand jury found the evidence presented to indict Haley insufficient to establish probable cause that he committed the offenses charged. … The answer to that question clearly should be no.

Makwinski v. State

76 N.J. 87 · Supreme Court of New Jersey · May 9, 1978

The plain and unambiguous language of this-statute requires honorable service only during the 25 years of service which (providing the age requirement is also met) qualifies the applicant for a pension. … A. 43:11-1 would clearly prohibit denial of a pension for “any” regulation violation occurring after honorable service for the requisite number of years to earn a pension, the latter section appears to evince a general legislative

Mason v. Township of Cranbury

68 N.J.L. 149 · Supreme Court of New Jersey · Jun 9, 1902

, establish such fire department,” &e. … The purpose would have been somewhat more clearly shown had a comma been inserted after the words “light for public use,” in the latter amendment.'

State v. Tune

17 N.J. 100 · Supreme Court of New Jersey · Dec 20, 1954

. *109 At the argument of this motion the defense was apprized categorically of the fact "that the evidence clearly indicated that there was sodomy connected with the case." … We perceive that the only purpose was to have the jury hear the witness' answers clearly when it was evident that the witness was not making himself heard and the jurors had difficulty in hearing him.

State v. Rios

17 N.J. 572 · Supreme Court of New Jersey · Mar 7, 1955

He had himself performed more than 4,000 autopsies and was eminently qualified from the standpoint of background and experience to testify in the instant case. … Additionally, most of the testimony objected to within this class was clearly admissible as admissions against interest. *597 C.