Case law

DCPP VS. A.S.K. AND T.T. AND E.M.C. IN THE MATTER OF THE GUARDIANSHIP OF N.D.K., A.E.C. AND E.S.K.(FG-07-197-15, ESSEX COUNTY AND STATEWIDE)

457 N.J. Super. 304 · New Jersey Superior Court Appellate Division · May 23, 2017

Singer was qualified as an expert in psychology and bonding. He conducted a bonding evaluation between Maisie and all three children. … And I find the Division has established that clearly and convincingly. . . . .

Mocco v. Picone

203 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Jul 15, 1985

This order established which names were acceptable and which were objectionable. … Appellant makes this assertion because in a Walsh Act recall election a qualified person may register up to one week before the election. N.J.S.A. 40:75-39.

Turf Lawnmower v. Bergen Record

269 N.J. Super. 370 · New Jersey Superior Court Appellate Division · Jan 3, 1994

They are clearly private persons who have been subjected to general public notice by the very conduct which they allege gives rise to their cause of action. See also Gertz v. … The significance of this threshold determination is that if the subject is deemed to be one of legitimate public interest, the speaker is invested with a qualified privilege.

LEMONT LOVE VS. MIDDLESEX COUNTY PROSECUTOR'S OFFICE (L-1551-16, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 12, 2020

A-2089-18T3 7  Love argues the trial court erred by granting respondents' motion to dismiss based on prosecutorial immunity, qualified immunity, and late notice of tort claim … , and qualified immunity.

Blair v. Erie Lackawanna Railway Co.

124 N.J. Super. 162 · New Jersey Superior Court Appellate Division · May 22, 1973

Co., supra., 29 N.J. 253 , particularly in light of the trend in the law today towards the limitation of immunities from liability. See, for example, Willis v. … But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision.

State v. Griffith

336 N.J. Super. 514 · New Jersey Superior Court Appellate Division · Feb 1, 2001

The significant issue is whether the other qualifying NERA element—that the offense be a "violent crime"—has also been satisfied. … Burford, supra, 163 N.J. at 18 , 746 A. 2d 998 , the Court noted that "deadly weapons" clearly include firearms and other "objects that, by their nature, have no apparent use or purpose other than the infliction of death

Wildlife Preserves, Inc. v. Borough of Lincoln Park

151 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Jun 29, 1977

“The existence of any lost or destroyed deed * * * may be established by judgment in the superior court in an action brought in a summary manner or otherwise.” N. J. S. A. 2A:47-1. … There is no indication in the record that Wildlife ever undertook to pursue this statutory remedy to establish its “lost” deeds.

Gross v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.

303 N.J. Super. 336 · New Jersey Superior Court Appellate Division · Feb 5, 1997

The requirement to qualify for class certification consists of a two-step process. … Also, plaintiffs’ counsel is clearly qualified to represent a class such as this, judged from their resumes attached to their brief; thus, this requirement has been satisfied.

Continental Ins. Co. v. Boraie

288 N.J. Super. 347 · New Jersey Superior Court Appellate Division · Oct 23, 1995

Clearly here, the parties intended to shift the risks of loss to insurance policies which they undertook to procure. … In the case at bar, had tenant obtained the required waiver of subrogation, plaintiff's action clearly would not have been sustainable.

James Moran v. Board of Trustees, Police and Firemen's Retirement System

438 N.J. Super. 346 · New Jersey Superior Court Appellate Division · Nov 25, 2014

Undisputed evidence at the hearing established that firefighting duties were divided between two different units, each of which would arrive at a fire in a different fire truck. 2 Breaking … While this was not a classic "accident" in the sense that the house did not collapse on Moran, nor did he trip while carrying a fire hose, it was clearly an unexpected and undesigned

Nota v. Board of Review

231 N.J. Super. 341 · New Jersey Superior Court Appellate Division · Mar 29, 1989

In the latter instance, as a matter of administrative convenience the Division may reasonably require a corporation to dissolve in order to establish that it has permanently ceased doing business. See N.J. … and uniformly to all similarly situated persons; (3) is designed to operate only in future cases, that is, prospectively; (4) *347 prescribes a legal standard or directive that is not otherwise expressly provided by or clearly

STATE OF NEW JERSEY VS. COUNTY OF OCEAN (L-0527-20, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 4, 2021

Although this authority is undoubtedly possessed by the Attorney General under his existing powers, this amendment is intended to explicitly establish that authority and the … [Off. of the Att'y Gen, Report of the Attorney General's Task Force on Sovereign Immunity 249 Cmt. (1972).]

In re Estate of Lanken

290 N.J. Super. 556 · New Jersey Superior Court Appellate Division · Feb 9, 1996

Lanken’s tax-qualified pension *558 plan administered by the General Electric Company Pension Plan (GE) be paid to his estate. … If there is no clearly established federal common law on point, courts may draw guidance from analogous state common law. Id.

P.J.L. v. E.F.N., Esq.

New Jersey Superior Court Appellate Division · Jun 2, 2025

An abuse of discretion "arises when a decision is 'made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.'" Flagg v. Essex Cnty. … She incorrectly distinguishes her suit from Tagayun, where the plaintiffs brought their claims when the underlying substantive law was unsettled and did not clearly foreclose their legal arguments. 446 N.J.

In Re Adamar of New Jersey, Inc.

401 N.J. Super. 247 · New Jersey Superior Court Appellate Division · Jul 1, 2008

Such circumstances clearly raised a question as to Silver's independence, and formed a basis for DGE's complaint against Tropicana. … Here the standards cited and applied by the Commission are clearly enunciated in the statute and duly adopted regulations.

Bank of New Jersey & Leo P. Dorsey v. Westminster Choir College

127 N.J. Super. 135 · New Jersey Superior Court Appellate Division · Feb 25, 1974

While there may be law in some other jurisdictions that it is the duty of an executor named in a will to defend and establish the will as against those who oppose its probate, see 95 O. J. … The affidavit of services he filed below reflects services in all four capacities, in many instances not clearly defined. As already noted, Mr.

Gudgeon v. County of Ocean

135 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Jun 24, 1975

This act merely establishes a seniority right which has heretofore been denied. [ Id. ] The statute was thereafter amended to apply to counties of the second class as well as those of the first class. … This legislative history clearly indicates that N.J.S.A. 40A:9-5 was intended to apply only to counties of the first and second classes.

Dingleberry v. Board of Review, Department of Labor & Industry

154 N.J. Super. 415 · New Jersey Superior Court Appellate Division · Dec 9, 1977

S. 43:21-19 he has established at least 20 base weeks as defined in subsection (t) 5 of R. … She, accordingly, qualified for benefits under the governing statute. N. J. S. A. 43:21-4(e).

Piller v. Kovarsky

194 N.J. Super. 392 · New Jersey Superior Court Appellate Division · Jan 19, 1984

While the statutory privilege is not a direct bar to what the defendants seek to do here, it does confirm that the established public policy of this state recognizes a confidential relationship between patient and physician … This decision, in which the doctor merely provided medical testimony as to the cause of the condition he was treating, is clearly distinguishable from the issue at bar where the treating doctor wishes to offer to the jury

State Shorthand Reporting Services v. New Jersey Department of Labor and Workforce Development

New Jersey Superior Court Appellate Division · Feb 12, 2024

Moreover, "[i]f the language leads to a clearly understood result, the judicial inquiry ends without any need to resort to extrinsic sources." Hudson, 209 N.J. at 529. … This provision is not qualified by reference to any FUTA exemption.