Case law

William Dodd v. George R. Copeland

99 N.J. Super. 481 · New Jersey Superior Court Appellate Division · Mar 7, 1968

Reading separate statute laws with reference to each other requires compliance with the clearly enacted mandates of each. … The more general purpose of allowing contributions among joint tortfeasors does not modify the specific legislative intent to provide broadly based deductions *492 in establishing Fund liability under N.J.S.A. 39:6-71; 39

State v. Roldan

314 N.J. Super. 173 · New Jersey Superior Court Appellate Division · Jul 30, 1998

Defendant’s other arguments are clearly without merit and do not require discussion. It. 2:11 — 3(e)(2). … particular position or have a particular characteristic which is an element of such crime, if [the alleged conspirator] believes that [the purported co-conspirator] does; or (2)[t]he person with whom he conspires ... has an immunity

County of Essex v. Waldman

244 N.J. Super. 647 · New Jersey Superior Court Appellate Division · Dec 6, 1990

The State also asserts that the Law Division had no jurisdiction to entertain the subject matter of this dispute and that the County's claims were barred by contravening considerations of public policy, sovereign immunity … The Law Division opinion in reality had the effect of establishing a new principle of law by deciding a statutory interpretation issue of first impression, the resolution of which was not clearly foreshadowed by past decisions

Ferguson v. Rippel

19 N.J. Super. 424 · New Jersey Superior Court Appellate Division · May 7, 1952

They have qualified and have undertaken the administration of the estate. The will provided for the organization of a charitable foundation in memory of his wife, Fannie E. … The pertinent principles of law are too well-established to require extended citation of authority.

In Re Murtha

115 N.J. Super. 380 · New Jersey Superior Court Appellate Division · Jul 6, 1971

Sister Margaret was permitted to testify in order to establish the facts upon which she based her claim of the priest-penitent privilege. … In our own research we have found no authority, textual or decisional, to support the contention now advanced that a nun qualifies for the privilege.

In Re Bennett

180 N.J. Super. 406 · New Jersey Superior Court Appellate Division · Feb 23, 1981

Originally the effect of the delegation was merely to give the Chancellor the power to grant the custody of the lunatic, "but after the Court of Chancery became well established, successive holders of the great seal imported … The plebiscite clearly mandates, and the amendment clearly envisions, the transfer of function of the Probate Court to the Chancery Court.

Township of South Brunswick v. New Jersey Turnpike Authority

129 N.J. Super. 126 · New Jersey Superior Court Appellate Division · Jun 17, 1974

The statement on the project was to be prepared in accordance with guidelines to be established by the Commissioner of Environmental Protection. N. J. S. … There was also qualified opposition expressed by representatives of South Brunswick with respect to the northern terminus of the project at the existing Turnpike.

State of New Jersey v. Deshaun P. Wilson

442 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Sep 10, 2015

real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree . . . . 4 At trial, defense counsel never clearly … The Court went on to say: Business and public records are generally admissible absent confrontation not because they qualify under an exception to the hearsay rules, but because — having

Decapua v. Bell Atlantic-New Jersey, Inc.

313 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Jan 21, 1998

In a test established in McDonnell Douglas v. … Addressing his claim, Judge Mikva stated: Apparently, we have never had occasion to state clearly that the second type of “background circumstance” may create a prima facie ease by itself.

State of New Jersey v. Horace Blake

444 N.J. Super. 285 · New Jersey Superior Court Appellate Division · Feb 26, 2016

Therefore, his counsel was obliged to comply with the standard of practice established in Padilla, which was given prospective effect. Chaidez v. … First, defendant places undue weight on the statements of the trial judge to establish that his plea counsel provided ineffective assistance.

L.T. VS. TOWNSHIP OF OCEAN BOARD OF EDUCATION (L-1284-15, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 28, 2020

The facts developed during discovery do not clearly establish that the police were involved in ministerial acts while they were monitoring the football game. … We need not, however, decide that issue because the facts clearly establish that there was no causation. We recognize that causation is usually a question for the jury. L.E. v. Plainfield Pub. Sch.

BERNO A. CHALET, ETC. v. STATE OF NEW JERSEY (L-4210-21, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 24, 2022

On April 10, 2020, Governor Murphy signed Executive Order No. 124, which established a process to grant temporary reprieves to certain at-risk inmates. … Wood-El, 218 N.J. 72, 113-16 (2014) (discussing the qualified immunity doctrine).

State v. Harte

395 N.J. Super. 162 · New Jersey Superior Court Appellate Division · Mar 17, 2006

Blanco was qualified to testify as an expert witness at the hearing. … This evidence establishes appropriate calibration. [5] The audio and video portions of S-1 establish that the external triggers—emergency lights, sirens, brakes—were synchronized with the red light indicator for those external

Neptune T.V. & Appliance Service, Inc. v. Litton Microwave Cooking Products Division, Litton Systems, Inc.

190 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Jun 7, 1983

The franchisee, in turn, acquires an instant public reputation based on system-wide promotion and the good will already established by other franchises. … That aspect of the arrangement—its licensing element—must be coupled with a community of interest between the parties as heretofore described before the abuse potential is triggered and in order for the arrangement to qualify

JW Field Co., Inc. v. Franklin Tp.

206 N.J. Super. 165 · New Jersey Superior Court Appellate Division · Oct 7, 1985

Judge Skillman found that the report contains no explanation of how the 82% figure was established. … The three surrogates are clearly reflective of substandardness.

Petersen v. Meggitt

407 N.J. Super. 63 · New Jersey Superior Court Appellate Division · May 6, 2009

that the defamatory statements were false and must establish the requisite degree of fault. … The media defendants contend that New Jersey's fair-comment qualified privilege applies to the allegedly defamatory statements, insulating them from liability.

Triano v. Division of State Lottery

306 N.J. Super. 114 · New Jersey Superior Court Appellate Division · Dec 11, 1997

However, the Lucky Anniversary game rules clearly state under Section 12-Final Decision, that “[t]he Director shall make all final deci *121 sions regarding the awarding of prizes.” … We noted that the State could have established the program by administrative rules and could have provided for agency adjudication of claims.

Mellet v. Aquaside, LLC

New Jersey Superior Court Appellate Division · Oct 16, 2017

The trial judge found plaintiffs did not have a clearly established right under TCCWNA to assert their waiver claim. … TCCWNA prohibits any contract from requiring a party to sign away a clearly established right. See N.J.S.A. 56:12-16.

State v. Reevey

213 N.J. Super. 37 · New Jersey Superior Court Appellate Division · Oct 7, 1986

This approach is clearly applicable in our consideration of N.J.S.A. 2C:43-6b and N.J.S.A. 30:4-123.51. See, e.g., State v. … The inclusion of this qualifying language in N.J.S.A. 2C:43-6b evidences the Legislature’s intent to affect the parole eligibility scheme established by the Parole Act.

Schock v. Bd. of Rev., Div. Empl. SEC.

89 N.J. Super. 118 · New Jersey Superior Court Appellate Division · Oct 21, 1965

The arbitrator's decision directing Schock's reinstatement, binding by contract upon the employer, demonstrates the lack of finality in the employer's qualified right to discharge. … Chief Justice Weintraub clearly set forth this rule of statutory construction in New Capitol Bar & Grill Corp. v.