Case law

In re January 11, 2013 Subpoena by the Grand Jury

432 N.J. Super. 570 · New Jersey Superior Court Appellate Division · Apr 12, 2013

news process, nor had she demonstrated an established connection with any news entity. … Again, the State argues her surreptitious methods are clearly in direct contrast to the requirement that her information was obtained as a part of professional newsgathering.

State v. Wright

221 N.J. Super. 123 · New Jersey Superior Court Appellate Division · Nov 17, 1987

The State appeals from an order granting defendant's application for a change in sentence pursuant to R. 3:21-10(b)(2) because he is suffering from Acquired Immune Deficiency Syndrome (AIDS). We reverse. … The trial judge indicated clearly that he was inclined to grant relief but continued the matter pending submission of a specific proposal indicating the terms and conditions which would govern defendant's release from prison

MATHEW T. SULLIVAN v. BOARD OF REVIEW (BOARD OF REVIEW, DEPARTMENT OF LABOR)

New Jersey Superior Court Appellate Division · Mar 7, 2022

On April 26, 2020, during the COVID-19 pandemic, petitioner filed a claim for unemployment benefits, establishing a weekly benefit rate of $698. … You are not unemployed due to one of the qualifying reasons identified under the CARES Act.

State v. Gargiulo

103 N.J. Super. 140 · New Jersey Superior Court Appellate Division · Oct 3, 1968

To qualify as such use, it was necessary that it be clearly incidental to and customarily found in connection with the principal use to which it is allegedly related. 1 Rathkopf, The Law of Zoning and Planning, at p. 23-1 … Every means of promoting the sale of products dispensed by a dealer does not, per se, qualify as a use clearly incidental to and customarily found in connection with the dealer's business.

Jersey City Educ. Ass'n Inc. v. BD. OF ED.

218 N.J. Super. 177 · New Jersey Superior Court Appellate Division · May 27, 1987

Both clearly overlooked the evidence contained in the Board's appendix. … The resolution directed the Board's staff to use whatever means necessary to "insure the selective appointment of qualified staff...."

Doe v. Dover Tp.

216 N.J. Super. 539 · New Jersey Superior Court Appellate Division · Apr 13, 1987

One whose life is in real danger, as evidenced by serious threats or earlier attacks, may perhaps qualify within the latter category but one whose concern is with the safety of his property, protectable by other means, clearly … may not so qualify. [59 N.J. at 557].

State v. Hyman

451 N.J. Super. 429 · New Jersey Superior Court Appellate Division · Aug 16, 2017

However, the proponent must establish "the field of inquiry ... [is] generally accepted such that an expert's testimony would be sufficiently reliable." … [The agent] was clearly qualified; that her credentials were established after she began her substantive testimony, rather than at its outset, did not affect [the defendant's] substantial rights."

New Jersey State Bar Ass'n v. State

387 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Jul 26, 2006

Section 27 of the Act establishes the Medical Malpractice Liability Insurance Premium Assistance Fund within the Department of the Treasury and subsection (b) of § 27 creates a revenue source for the Fund. … The Fourteenth Amendment to the United States Constitution provides that: [n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive

Brown v. PORT AUTH. POLICE SUPER.

283 N.J. Super. 122 · New Jersey Superior Court Appellate Division · Jul 7, 1995

This analysis of the scope of Eleventh Amendment immunity from suit in the federal courts clearly has no bearing upon the *133 interpretation of the exclusion of public entities from the provisions of federal labor law enacted … City of Newark, 75 N.J. 84 , 380 A. 2d 268 (1977), this exclusion clearly has no applicability to a suit for money damages.

Higgins v. NJ Bureau of Securities

100 N.J. Super. 266 · New Jersey Superior Court Appellate Division · Apr 5, 1968

A brief review of the pertinent provisions of the Uniform Securities Act in the light of its beneficent purpose clearly shows that the lack of substance to appellant's contention that questions 13 (d), (g) and (h) exceeded … N.J.S.A. 49:3-57(a) to (f) establishes a comprehensive registration plan.

In Re Adoption of Two Children by HNR

285 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Oct 27, 1995

Z. and M. have had all age appropriate immunizations and are generally healthy. The twins sleep well and have excellent appetites. … Clearly, in this jurisdiction at least, an unmarried person, either heterosexual or homosexual, qualifies. Compare M.P. v. S.P., 169 N.J.

In re the Liquidation of Sussex Mutual Insurance

301 N.J. Super. 595 · New Jersey Superior Court Appellate Division · Jun 5, 1997

(referred to collectively as National Casualty) qualified for the category of priority in liquidation set forth in N.J.S.A. 17:30C-26c(4). … The Guaranty Association was established pursuant to the New Jersey Property-Liability Insurance Guaranty Association Act, NJ.S.A. 17:30A-1 to -20.

Cointreau, Ltd. v. BD. OF REVIEW, DEPT. OF LABOR AND INDUSTRY

171 N.J. Super. 407 · New Jersey Superior Court Appellate Division · Dec 12, 1979

This provision must be included in all federally-qualified state unemployment compensation plans. See 26 U.S.C.A. § 3304 (a)(5)(A). … But the statute just as clearly manifests an intent that unemployed workers need not be turned into strike breakers, or suffer a denial of benefits. The claimants had been laid off indefinitely on March 30.

Shepley v. Johns-Manville Products Corp.

141 N.J. Super. 387 · New Jersey Superior Court Appellate Division · Mar 11, 1976

Irving Berney, a qualified otolaryngologist, testified that he examined petitioner on December 19, 1972. … The evidence clearly supports the thesis that the total permanent disability found by the court had a causal connection with the prior condition which produced the award of 12 1/2% partial permanent disability.

Merrimack Mutual Fire Insurance v. Coppola

299 N.J. Super. 219 · New Jersey Superior Court Appellate Division · Mar 31, 1997

Indeed, the Court held: “Absent exceptional circumstances that objectively establish the insured’s intent to injure, we will look to the insured’s subjective intent to determine intent to injure.” … Nor, moreover, do any of the common-law reasons for interspousal immunity pertain to intentional torts ... Insurance coverage for such torts not being available as a matter of public policy, see, e.g., Malanga v.

JODI SHAW VS. BRIAN SHAND (L-0408-16, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 15, 2019

We are unpersuaded that the Legislature acquiesced in all semi- professional CFA immunity. … Thus, Daaleman did not accord blanket CFA immunity to Elizabethtown, but only immunity from claims related to rate-setting.

Pappas v. Huezo

237 N.J. Super. 492 · New Jersey Superior Court Appellate Division · Jul 19, 1989

Therefore, since the unit on the first floor is used as a dental office by one of the plaintiffs, it does not qualify to exempt plaintiffs from the provisions of N.J.S.A. 2A:18-61.1. In the recent case of Durruthy v. … Super. 199 (App.Div. 1988), the court stated that the wording in the preliminary paragraph of N.J.S.A. 2A:18-61.1 (quoted above) is complementary to subparagraph 1(3) in which latter provision the statute clearly mentions

Szczepanik v. DEPT. OF TREASURY

232 N.J. Super. 491 · New Jersey Superior Court Appellate Division · May 2, 1989

He is required to contribute a percentage of his gross annual pay over his employment period in order to qualify for it. … Mindful of the policy of that statute, as here interpreted, it should not be assumed that a resignation alone constitutes such a waiver of statutory rights unless it clearly and expressly so states.

State v. Maida

332 N.J. Super. 564 · New Jersey Superior Court Appellate Division · Jan 13, 2000

Here, we have all three of the prerequisite elements needed to establish the reliability and admissibility of the breathalyzer results. … He is an eminent expert and was qualified as such. He testified that he performed his own study and found HGN to be 87% accurate.

Walles v. Walles

295 N.J. Super. 498 · New Jersey Superior Court Appellate Division · Dec 4, 1996

Thereafter, defendant's counsel prepared a "Qualified Domestic Relations Order," pursuant to N.J.S.A. 2A:34-23. … In the present case, the motion judge set forth very clearly the basis of his decision.