Case law

In Re Nj Medical Malpractice Reinsurance Recovery Fund Surcharge

246 N.J. Super. 109 · New Jersey Superior Court Appellate Division · Feb 13, 1991

Super. 345 , 349 A. 2d 92 (App.Div. 1975), certif. den. 70 N.J. 143 , 358 A. 2d 190 (1976) (foreign insurers may qualify as a member of the Guaranty Association). … We have considered the remaining contentions raised and find that they are clearly without merit. R. 2:11-3(e)(1)(D).

State v. Burris

298 N.J. Super. 505 · New Jersey Superior Court Appellate Division · Mar 20, 1997

In a brief period, defendant gave the police three wildly inconsistent statements, ranging from a complete denial of any knowledge of the circumstances surrounding her mother’s death to a qualified admission that she was … Clearly, an expert witness should not be permitted to serve as a conduit for alerting the jury to evidence it would not otherwise be allowed to hear.

State v. Rivera

232 N.J. Super. 165 · New Jersey Superior Court Appellate Division · Mar 23, 1989

Compelling evidence was presented which established that defendant stated that he wanted to marry Sanders so he could win the case. … We have examined this contention in light of the record and the controlling legal principles and find it is clearly without merit. See State v. Dunbar, 108 N.J. 80 (1987); State v.

Division of Youth & Family Services v. M.C.

405 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Dec 31, 2008

consultants), prepared from their own first-hand knowledge of the case, at a time reasonably contemporaneous with the facts they relate, and in the usual course of their duties with [DYFS], Reports of this type, prepared by the qualified … Therefore, those documents and the trial judge’s reliance upon them were “clearly capable of producing an unjust result[.]” R. 2:10-2.

Matter of Producer Assignment Program

261 N.J. Super. 292 · New Jersey Superior Court Appellate Division · Jan 8, 1993

Paragraph c requires that the program "shall provide for the assignment of qualified producers on an equitable basis to insurers writing private passenger automobile insurance in the voluntary market." … lacks the element of binding authority, since it is of limited duration, and since it may be predicated on an enforceable scheme of indemnification of the insurer for other imputable acts of the representative, does not clearly

In re DBC Project A0716-00

303 N.J. Super. 384 · New Jersey Superior Court Appellate Division · May 30, 1997

The Director ruled that section (c) clearly establishes the balance of payment methodology as the only way to calculate the “dollar value of the contractor’s uncompleted contract work.” … Plainly, the Director’s adoption of the balance of payments methodology as the exclusive means of determining a bidder’s responsibility clearly bears the hallmark of an administrative rule, for it establishes a standard of

Matter of Nackson

221 N.J. Super. 187 · New Jersey Superior Court Appellate Division · Nov 19, 1987

This is prohibited and clearly does not serve as the basis of an acceptable attorney-client relationship. … Specifically, the Supreme Court has noted that the grand jury `may not itself violate a valid privilege, whether established by the Constitution, statutes or the common law.' [citations omitted].

Public Advocate Dep't v. Public Utilities Bd.

189 N.J. Super. 491 · New Jersey Superior Court Appellate Division · Nov 23, 1983

The Board has consistently permitted reasonable, nondiscriminatory charitable donations to qualify as operating expenses in a utility rate case. … This statement, as noted by the Board, clearly created an investor perception of added risk.

Francis v. United Jersey Bank

162 N.J. Super. 355 · New Jersey Superior Court Appellate Division · Aug 18, 1978

The annual financial statements accurately and clearly reflected the payments to members of the Pritchard family, and they clearly reflected the desperate financial condition of the corporation. … It was established by testimony of J.

Estate of Chin v. ST. BARNABAS MED. CENTER

312 N.J. Super. 81 · New Jersey Superior Court Appellate Division · May 27, 1998

To the extent that the court may have erred in this regard we conclude that the error was not "clearly capable of producing an unjust result." R. 2:10-2. Dr. Piver testified as an expert against Dr. Goldfarb. … The jury could have found that the nurses were not qualified to work with the equipment; that one of them connected the exhaust line to a suction canister to which the suction tubing was attached; or that one of them left

STATE OF NEW JERSEY VS. REGINALD v. BROWN (12-05-0090, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 3, 2019

Based on this ruling, defendant's Point II clearly lacks merit. … However, even if we consider the argument, it clearly lacks merit.

Palisades Properties, Inc. v. Brady

79 N.J. Super. 327 · New Jersey Superior Court Appellate Division · May 27, 1963

Laurance Rockefeller clearly indicated a deep love of nature. His qualifications and background as an expert in outdoor recreation are enviable. … He reflected a man thoroughly qualified to supervise the building, from its inception, of any type of an outdoor project — parks, forests, lakes and beaches. Mr. John D. Rockefeller, Jr.'

Labov Mechanical, Inc. v. East Coast Power, L.L.C.

377 N.J. Super. 240 · New Jersey Superior Court Appellate Division · May 5, 2005

While the filing of a lien by one subcontractor does not establish a lien fund for a subsequent lien holder, Triple “R” Enters., Inc. v. … It was, regardless of its effective date, similar *251 to the retainage in Legge, which we declined to deduct from the lien fund, a result the Supreme Court clearly agreed with in Craft .

State v. Dishon

297 N.J. Super. 254 · New Jersey Superior Court Appellate Division · Feb 6, 1997

Consequently, no testimonial hearing was necessary to establish its general acceptance. … Blake has an extensive background in forensic science, and is qualified as an expert in PCR technology by courts in sixteen states, including New Jersey.

AMER. CIVIL LIBERTIES UNION v. County of Hudson

352 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Jun 12, 2002

More importantly, both cases clearly established that movants are, with liberality, to be afforded reasonable *642 opportunities to cure procedural defects in their motions to intervene. … Manifestly, this case qualifies under the first and third exceptions.

Lucas v. State

267 N.J. Super. 296 · New Jersey Superior Court Appellate Division · Sep 28, 1993

by N.J.S. 40A:14-127, if his actual age, less the number of years of his previous service as a policeman, would meet the maximum age requirement established by said section. … Clearly, an overage officer who has served in one municipality in this State is eligible under the Act for hiring by another. No one disputes that.

State v. Carlino

373 N.J. Super. 377 · New Jersey Superior Court Appellate Division · Nov 12, 2004

The fact that defendant had the fanny bag containing the ecstasy pills in his hand qualifies him for standing. Relying on State v. Johnson, 168 N.J. 608 , 775 A. 2d 1273 (2001), and State v. … As to the premises, clearly it was not open to the public.

State v. D.R.

214 N.J. Super. 278 · New Jersey Superior Court Appellate Division · Dec 16, 1986

POINT II The sentencing court clearly abused its discretion by imposing a manifestly excessive sentence. … Evid.R. 56(2) permits a qualified expert to give his opinion based upon facts or data which themselves may not be admissible.

NINA PAGAN VS. NEWARK HOUSING AUTHORITY (L-1541-12, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 2, 2017

He also concluded NHA was immune from liability pursuant to N.J.S.A. 59:5-4 (immunizing public entities and employees "for failure to provide police protection service or . . . … In rejecting any argument that the public entity could be liable for a "dangerous condition" on its property, N.J.S.A. 59:4- 1(a), Judge Michels clearly stated: There cannot be the slightest doubt that the

Cargill Meat Solutions, Corp. v. Director, Division of Taxation

New Jersey Superior Court Appellate Division · Oct 12, 2023

Clearly, during the early years of the Fund, the Legislature had to use a specific line item because the dedicated funds provision was not available. … Thus, the Legislature clearly enacted the Act to "promote and encourage a clean and safe environment." Ibid.