Case law

Fairfax Financial Holdings Limited v. S.A.C.

450 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Apr 27, 2017

Ed. 2d at 544-45, "[i]f the question is whether an individual's contact with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party's home forum, we believe the answer clearly … We held "the evidence established that the funds loaned or extended to Parmalat all originated from Citi." Id. at 438.

Amador Castro v. State of New Jersey

New Jersey Superior Court Appellate Division · Dec 11, 2024

"Under the TCA, immunity [for tort liability] is the rule and liability is the exception." Posey v. … Apart from proof of notice, to establish liability against a public entity under N.J.S.A. 59:4-2, a claimant must establish a prima facie case that the action or inaction of the public entity was "palpably

State v. Rose

458 N.J. Super. 610 · New Jersey Superior Court Appellate Division · Apr 24, 2019

The request must be made "clearly and unequivocally." … Although the right to self-representation may be waived by conduct, the conduct must clearly establish that the defendant intentionally relinquished a known right.

Gallagher v. Irvington

190 N.J. Super. 394 · New Jersey Superior Court Appellate Division · Jul 11, 1983

Section 9.4 must also be read in pari materia with N.J.S.A. 11:22-16 which establishes the rule-of-three. … Other interpretations must be rejected because they were clearly not intended and would render the statute meaningless or produce absurd results.

State v. Keys

331 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Dec 18, 1998

Defense counsel states that "trial counsel had what many defense counsel like to have when trying to establish an affirmative defense for their clients ... independent and unbiased evidence establishing an affirmative defense … Clearly, defendant decided to assert his right to remain silent.

J.L. v. G.D.

422 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Nov 4, 2010

Between the Act and the DVPM, all three branches of New Jersey Government have participated in establishing the existing protocols utilized in domestic violence cases. … In the present case, however, the minor plaintiff independently qualifies as a “victim” under the Act because she actually had a dating relationship with her alleged abuser.

In re Eligibility of Certain Assistant Union County Prosecutors

301 N.J. Super. 551 · New Jersey Superior Court Appellate Division · May 27, 1997

At issue is whether assistant county prosecutors qualify as “policemen” and are eligible for membership in the Police and Firemen’s Retirement System (PFRS). … by an agency authorized to establish these requirements on a Statewide basis, or comparable physical and mental fitness requirements as determined by the board of trustees.

State v. Jones

425 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Apr 17, 2012

He asserts that the oxycodone testimony established nothing other than the criminal propensity that N.J.R.E. 404(b) forbids. … We reverse defendant's conviction and remand for a new trial, as these errors were clearly capable of producing an unjust result. I.

Robert Strauss v. Board of Education of the Borough of Metuchen, Etc.

New Jersey Superior Court Appellate Division · Feb 2, 2024

Strauss was previously diagnosed and treated for auto-immune conditions. … Strauss argues the Commissioner's finding was unfounded because his medical documentation clearly established his inability to appear or perform his teaching duties in-person. Because Dr.

City of Paterson v. Housing Authority of Paterson

96 N.J. Super. 394 · New Jersey Superior Court Appellate Division · Jul 19, 1967

This statute permits but does not require municipalities *398 (or two or more municipalities acting together) to establish municipal or regional housing authorities. … It is clearly the legislative design that an entity clothed with powers of such amplitude should be an important and influential arm of government in the area in which it is intended to act.

Edwards v. Leopoldi

20 N.J. Super. 43 · New Jersey Superior Court Appellate Division · May 27, 1952

conception and rationalization of cases of this nature to excommunicate the agreement embodied in the constitutions and laws of labor unions from the family of contracts and to deem the relationship sui generis and largely immune … In those cases Lord Wright explains that the court exercises a power to qualify the literal terms of the contract in order to do what is just and reasonable in consequence of the occurrence of a supervening event.

Michael Hopson v. Anthony Cirz

New Jersey Superior Court Appellate Division · Jul 1, 2025

"[O]ur state election laws are designed to deter fraud, safeguard the secrecy of the ballot, and prevent disenfranchisement of qualified voters." … However, even a "straightforward" statute "must be read in light of the broad purpose of the election laws to prevent disenfranchisement of qualified voters." Gray-Sadler, 164 N.J. at 476.

Highpoint, Inc. v. Bloomfield Planning Board

80 N.J. Super. 570 · New Jersey Superior Court Appellate Division · Oct 11, 1963

The rules which the courts are to follow in deciding such questions of interpretation are clearly set out in Levin v. … The qualifying clause has been interpreted to be an indication of what the controlling principle should be, but also there may be instances in which a finding may be made otherwise. Rogers v.

American Humanist Ass'n v. Matawan-Aberdeen Regional School District

440 N.J. Super. 582 · New Jersey Superior Court Appellate Division · Feb 4, 2015

As observed by the United States Supreme Court, “[t]he fact that the Founding Fathers believed devotedly that there was a God and that the unalienable rights of man were rooted in Him is clearly evidenced in their writings … over the heart, except that pupils who have conscientious scruples against such pledge or salute, or are children of accredited representatives of foreign governments to whom the United States government extends diplomatic immunity

Springfield Tp. v. Weinberg

178 N.J. Super. 83 · New Jersey Superior Court Appellate Division · Feb 23, 1981

The township urges that although the Freeze Act clearly applies to the building assessment component of the 1976 county board judgment, it cannot apply to the land assessment component thereof since that component was never … The taxpayers, however, have their recourse and relief under the appeals procedures established by the statute ( N.J.S.A. 54:3-21, et seq. ).

Philipp v. Stahl

344 N.J. Super. 262 · New Jersey Superior Court Appellate Division · Oct 3, 2001

Hatamyar, Interstate Establishment, Enforcement, and Modification of Child Support Orders, 25 Okla. City U.L.Rev. 511, 515-16 (2000); Angela R. … The "qualified medical support order" merely qualified plaintiff as "an alternate recipient” to receive the children’s medical benefits available through defendant’s group health plan.

Merck & Co., Inc. v. Biorganic Laboratories, Inc.

87 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Feb 10, 1965

Regardless of its complex nature, it has long since been established that it can be waived by one who has the right to its protection. … Immunity from compulsion is the right reserved. * * * The right of not being compelled, in its very nature, does not admit of waiver. Compulsion and consent — i.e., — waiver — cannot coexist."

Alexander S. v. Paramus Bor.

243 N.J. Super. 157 · New Jersey Superior Court Appellate Division · Aug 8, 1990

The Law Division, however, is the forum best qualified to deal with most of the kinds of legal questions that relate to municipal action but not to the direction and control of COAH proceedings. … To the extent that it challenges the validity of the zoning amendments, it is not too late, because it was filed within the permitted 45 day period established by R. 4:69-6(a).

State v. Kadelak

258 N.J. Super. 599 · New Jersey Superior Court Appellate Division · Aug 6, 1992

These kinds of considerations, being legislative, are entitled to great weight and are matters upon which the court should not substitute its judgment unless the statute clearly treads on Fourth Amendment protections. … Penalties for affixing a private inspection approval sticker without first determining that the vehicle meets the standards established by law remain the same.

City Council of Elizabeth v. Fumero

143 N.J. Super. 275 · New Jersey Superior Court Appellate Division · Jun 16, 1976

[at 226] Comparing the current statute to its predecessors, the sole qualifying factor contained in each version is that the conduct for which a defense is to be provided must arise out of, or be incidental to, the performance … When interpreting the obligations imposed by a contract of insurance, the court is guided by well established precedent.