Case law

Aftab v. New Jersey Property-Liability Insurance Guaranty Ass'n

386 N.J. Super. 41 · New Jersey Superior Court Appellate Division · May 31, 2006

In addition to plaintiffs’ ANLIR policies not being policies to which the PLIGA Act applies, ANLIR cannot qualify as an “insolvent insurer.” … Although reciprocals can qualify as licensed insurers admitted or authorized to transact the business of insurance in New Jersey, it does not follow that all reciprocals do so qualify.

STATE OF NEW JERSEY VS. MICHAEL CLARITY (13-10-0621, SOMERSET COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 6, 2019

It is in this context that the Court refined what facts a sentencing court may consider beyond those facts established by a jury when contemplating the imposition of an extended term. See State v. … Our existing jurisprudence does not clearly answer many of these questions we have briefly identified.5 And they will not be answered now, because we find nothing in either the guidelines provided by our Criminal Code

In Re Appeal of the New Jersey Department of Environmental Protection's September 6, 2022 Denial of Request for Adjudicatory Hearing, Etc.

New Jersey Superior Court Appellate Division · Feb 5, 2024

As its name indicates, an RIP waiver is contingent on remediation being in progress; if remediation falls out of compliance, the RIP waiver applicant no longer qualifies for the suspension under N.J.S.A. 13:1K-11.5, and … Therefore, "[t]o have a property interest in a benefit, [an entity] clearly must have more than an abstract need or desire for it. [They] must have more than a unilateral expectation of it." Ibid.

Lieberman v. Saley

94 N.J. Super. 156 · New Jersey Superior Court Appellate Division · Mar 9, 1967

The error must be clearly prejudicial to the substantial rights of the party seeking a review. Stanley Co. of America v. Hercules Powder Co., 16 N.J. 295, 307-308 (1954). … It is true that the rule is qualified to the extent that the remainder of the statement must pertain to those matters which are the subject of inquiry *164 or investigation. Ibid.

Arcell v. Ashland Chemical Co., Inc.

152 N.J. Super. 471 · New Jersey Superior Court Appellate Division · Jul 14, 1977

The immunity furnished to employers in return for their absolute liability would no longer exist. … Their real grievance is the immunity granted an employer who agrees to be covered by the Compensation Act.

State v. Sharkey

204 N.J. Super. 192 · New Jersey Superior Court Appellate Division · Sep 11, 1985

The trial court refused to admit this exhibit on the ground that defendant had not laid a proper foundation qualifying the evidence under an exception to the hearsay rule. … A person to whom a statute clearly applies may not successfully challenge it for vagueness, Parker v.

Di Bella v. Di Bella

372 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Apr 13, 2004

This Court, in the interest of judicial economy and because the issues clearly overlapped, consolidated the Family Court Complaint and the Probate Order to Show Cause. … The representative should be qualified to administer for the best interests of all concerned. There is a paucity of reported opinion in this state on the exact point.

Warnig v. Atlantic County Special Services

363 N.J. Super. 563 · New Jersey Superior Court Appellate Division · Oct 27, 2003

A regulatory provision, N.J.A.C. 11:3 — 7.3(b), requires some medical expense benefits to be provided for injuries resulting from accidents not otherwise qualifying for PIP medical expense benefits. … If a change in the common law is to be effectuated, the legislative intent to do so must be clearly and plainly expressed. Ibid. (citation omitted).

In Re Estate of Wehrhane

149 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Apr 1, 1977

The cases were consolidated and, after trial, it was determined by Judge Drewen, J.C.C. temporarily assigned, that the adopted son did not qualify as "issue" under the will of Cora T. … Super. at 216 ) clearly adhered to that rule requiring a further showing of equity to compel such reversal. The parallel between Cory and the instant case is manifest.

State v. Farinich

179 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 31, 1981

In light thereof we said that it "would be incongruous under such circumstances to hold that his fundamental right to be immune from an unlawful search or seizure was infringed." Id. at 401 . United States v. … There is a presumption, of course, against the waiver of constitutional rights, and for it to be effective "there must be clearly established that there was `an intentional relinquishment or abandonment of a known right or

Tannen v. Tannen

416 N.J. Super. 248 · New Jersey Superior Court Appellate Division · Aug 31, 2010

"In the determination of the marital standard, the court establishes the amount the parties needed during the marriage to maintain their lifestyle. … "[T]he burden of establishing immunity from distribution of a particular marital asset or portion of an asset rests upon the spouse who asserts it." Pacifico v.

Cosme v. Borough of East Newark Township Committee

304 N.J. Super. 191 · New Jersey Superior Court Appellate Division · Sep 5, 1997

Officer Cosme clearly chose himself over his duty, honor and responsibility. … He clearly put himself out of the Chiefs reach in the days and hours before taking off for Cancún. His conduct clearly merited disciplinary action.

Lewis v. Harris

378 N.J. Super. 168 · New Jersey Superior Court Appellate Division · Jun 14, 2005

I join in the majority decision essentially for the reasons so clearly expressed by Judge Skillman. … To be sure, longstanding traditions restricting the right to marry are not immune from constitutional challenge. Yet, plaintiffs' reliance on Loving v.

New Jersey Citizen Action v. Riviera Motel Corp.

296 N.J. Super. 402 · New Jersey Superior Court Appellate Division · Jan 16, 1997

Clearly, subject-matter jurisdiction and justiciability are both threshold issues, that is, issues which must be addressed before considering the substantive merits of the matter. … The legislative history of the ADA clearly indicates that associations may bring ADA claims on behalf of disabled individuals.

State v. Frost

242 N.J. Super. 601 · New Jersey Superior Court Appellate Division · Jul 16, 1990

The trial court ruled her clearly qualified to testify as an expert in the field based on her *617 educational background, her years of experience, the number of studies she had done, and the number of people she had counselled … Evid.R. 55 prohibits the introduction of other crimes or civil wrongs to prove a defendant's criminal disposition as a basis for establishing guilt of the crime charged, but expressly permits such evidence to be admitted

Schmidt v. New Jersey Department of Institutions & Agencies

147 N.J. Super. 150 · New Jersey Superior Court Appellate Division · Feb 8, 1977

Where the actual value cannot be established, monthly monetary values in Schedule VI, Section 335 c, shall be used. Appellant requested a fair hearing to appeal the reduction in benefits. … Section 431.1 of the Assistance Standards Handbook is clearly not applicable here.

In re Adoption of Baby T.

308 N.J. Super. 344 · New Jersey Superior Court Appellate Division · Sep 17, 1997

Hyman), it did not intend a result in this case that would void *358 Baby T.’s adoption, allow him to have died an orphan, and immunize Dr. Zedie against the consequences of her alleged dereliction in causing his death. … adoption of a child by a deceased father enable the child to qualify for receipt of worker’s compensation benefits by payable on account of the father’s work-related death.

Serraino v. Mar-D, Inc.

228 N.J. Super. 482 · New Jersey Superior Court Appellate Division · Sep 23, 1988

It would be inconsistent with the legislative intent to interpret these provisions imposing liability upon subcontractors for their violation of the Prevailing Wage Act as simultaneously immunizing a contractor from liability … Any general contractor could clearly underbid competitors for a public project by relying on a bid of a subcontractor, knowing that the subcontractor would have to violate the provisions of the Prevailing Wage Act to meet

Falcone v. NJ Bell Tel. Co.

98 N.J. Super. 138 · New Jersey Superior Court Appellate Division · Nov 28, 1967

They endeavored to establish that plaintiff's trouble with his back was due to arthritis or, alternatively, that it resulted from a subsequent accident. While Dr. … An exception to this rule is recognized where the amount of the verdict clearly indicates a compromise, Kopec v.

McGovern v. Hoffman

73 N.J. Super. 200 · New Jersey Superior Court Appellate Division · Mar 19, 1962

At that hearing testimony was adduced through several witnesses, which established that on a number of specified dates between October 31, 1960 and November 17, 1960 Eugene J. … Clearly, the right to impose a condition on a license which would forestall the creation of ox the resumption of such a practice inhered in the statutory powers of the Director heretofore noted.