Case law

Englewood Hospital & Medical Center v. State

Supreme Court of New Jersey · Jul 16, 2025

Instead, defendants assert that charity care regulates how plaintiffs use their property as to qualified indigent patients. … As to the first Penn Central factor -- the economic impact of the regulation -- the Appellate Division recognized that plaintiffs had “clearly established . . . evidence sufficient to support a finding that [charity care

Unsatisfied Claim & Judgment Fund Board v. New Jersey Manufacturers Insurance

138 N.J. 185 · Supreme Court of New Jersey · Nov 23, 1994

The statute established a special method of recovery in the case of “an insured tortfeasor” as opposed to those tortfeasors who are completely uninsured. … The foregoing discussion indicates that the Fund clearly does not have a “subrogation” right against NJM.

Town of Montclair v. Stanoyevich

6 N.J. 479 · Supreme Court of New Jersey · Mar 12, 1951

a modern and efficient inferior court system to be presided over by qualified persons and to become *492 effective if at all possible by September 15, 1948, the date that the Judicial Article adopted by this Convention is … There was clearly an implied repealer of such statutes as the one relied upon by appellant.

Geller v. Department of the Treasury

53 N.J. 591 · Supreme Court of New Jersey · May 5, 1969

In our view her letter of November 18 clearly authorized “contribution deductions at the legal rate due” in her case. … The questions thereafter posed in the letter did not qualify nor reveal an intention to qualify the authorization.

Enright v. Oliver & Burr

69 N.J.L. 357 · Supreme Court of New Jersey · Jun 15, 1903

This principle is clearly laid down by the Supreme Court in Maher v. McGrath, 29 Id. 469, and in this court in Olsen v. Nixon, 32 Id. 671. … The principle involved in the proposition is so well established that the citation of authorities will.be unnecessary.

East Ridgelawn Cemetery v. Winne

11 N.J. 459 · Supreme Court of New Jersey · Feb 16, 1953

Frank, the promoter and first president of East Ridge-lawn, clearly dominated the cemetery association at inception; he was a fiduciary and as such was subject to recognized trust responsibilities in his dealings with the … As Vice Chancellor Stevens pointed out in the Frank case, the statute conferred “immunity from taxation and levy, coupled with the power of eminent domain,” and it was evident , that this was not done to enable operation

Wiramal Corp. v. Director of Division of Taxation

36 N.J. 201 · Supreme Court of New Jersey · Nov 20, 1961

The parties entered into a written stipulation of facts which clearly established that petitioner qualified as an investment company except for its ownership of 30% of the outstanding stock of Salt Creek Development Corporation … The evidence adduced by petitioner itself conclusively established that petitioner was the owner of the Salt Creek stock.

In Re the Guardianship of J.C.

129 N.J. 1 · Supreme Court of New Jersey · Jun 30, 1992

The law clearly favors keeping children with their natural parents and resolv *8 ing care and custody problems within the family. … The standards for terminating parental rights established by the Legislature and this Court are fully consistent with constitutional doctrine.

State v. Long

119 N.J. 439 · Supreme Court of New Jersey · Jun 21, 1990

The court found this juror qualified. … United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) (nondisclosure of immunity agreement, affecting witness’s credibility, violated due process).

New Jersey Division of Child Protection & Permanency v. A.B.

231 N.J. 354 · Supreme Court of New Jersey · Dec 21, 2017

Clearly, A.B. failed to exercise the minimum degree of care. That failure placed A.F.’s physical, mental, and emotional condition in imminent danger of becoming impaired. … The Division argues that A.B.’s actions, including her refusal to allow A.F. and her infant son to return home, amounted to a “willful or intentional act” that qualified as abandonment under the statute.

Elmer Branch v. Cream-O-Land Dairy

Supreme Court of New Jersey · Jan 13, 2021

Second, defendant argued that it relied in good faith on certain determinations that it qualified as a “trucking industry employer” and could therefore invoke the defense set forth in N.J.S.A. 34:11-56a25.2. … If the statute’s plain language leads to a clearly understood result, the judicial inquiry is complete. Ibid.; Felix v.

State v. Fortin

178 N.J. 540 · Supreme Court of New Jersey · Feb 6, 2004

This Court clearly set the production of a reliable database as an essential qualifier to Hazelwood’s testimony. … The court clearly was disinclined to pre-qualify any more prospective jurors, and the granting of an additional challenge might have required it to do so.

Brenner v. Berkowitz

134 N.J. 488 · Supreme Court of New Jersey · Dec 29, 1993

In that year, Brenner requested an annual salary of $2,000 to $3,000 to establish an Individual Retirement Account. … We reject plaintiffs argument that any showing of illegality or fraud qualifies as a per se violation of the statute.

Sheeran v. Nationwide Mutual Insurance

80 N.J. 548 · Supreme Court of New Jersey · Jul 17, 1979

Under this test the instant statute clearly passes constitutional muster. Although N. J. S. … These standards render the statute immune from constitutional attack. See, e. g., Avant v. Clifford, supra; Amalgamated Meat Cutters & Butcher Work v. Connolly, 337 F. Supp. 737 (D. D. C. 1971) (three-judge court). B.

State ex rel. G.C.

179 N.J. 475 · Supreme Court of New Jersey · May 4, 2004

It does so by criminalizing the actor’s possession of the weapon when the attendant circumstances are not clearly consistent with a lawful use. … The Legislature’s describing a weapon in that fashion, however, is different from its indicating how that weapon’s use would qualify as a fourth-degree offense.

K. S. B. Technical Sales Corp. v. North Jersey District Water Supply Commission

75 N.J. 272 · Supreme Court of New Jersey · Dec 23, 1977

The distinction has proved useful to restrain the ancient concept of municipal tort immunity, not because of any logic in the distinction, but rather because sound policy dictated that governmental immunity should not envelop … The court held simply that “trade regulations are clearly subject to Commerce Clause restrictions, but statutes that merely specify the conditions of state purchases are not.” Id. at 725 .

In Re Opinion 33 of the Committee on the Unauthorized Practice of Law

160 N.J. 63 · Supreme Court of New Jersey · Jul 21, 1999

In any event, we recommend that, in establishing policies and procedures for the selection of bond counsel, issuers provide particular consideration for New Jersey law firms. … It is, therefore, the view of this Panel that counsel be selected pursuant to an established set of criteria that include price as a factor.

Lower Main Street Associates v. New Jersey Housing & Mortgage Finance Agency

114 N.J. 226 · Supreme Court of New Jersey · Feb 22, 1989

The relevant portion of the HFA Act provided that [t]he loan shall be subject to an agreement between the agency and the qualified housing sponsor limiting said qualified housing sponsor, and its principals or stockholders … No qualified housing sponsor which is permitted by the provisions of the law under which it is organized or incorporated to earn a return on its investment, nor any of the principals or stockholders of such qualified housing

State v. Mayor of New Brunswick

47 N.J.L. 479 · Supreme Court of New Jersey · Nov 15, 1885

In the case in which it was first announced it was clearly correct. It was in the case of Van Riper v. Parsons, 11 Vroom 123 . … For this reason the act was clearly special.

State v. Dixon

125 N.J. 223 · Supreme Court of New Jersey · Jul 25, 1991

It was, as he said, an attempt to obtain qualified jurors. … Does the jury’s verdict establish death eligibility?