Case law

LIBERTARIANS FOR TRANSPARENT GOVERNMENT, ETC. VS. CUMBERLAND COUNTY (L-0609-18, CUMBERLAND COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Sep 4, 2020

Ungaro, however, is clearly distinguishable as the GRC ruled only that Dover's reliance on a confidentiality clause in a settlement agreement between the municipality and its business administrator, would not protect the … A-1661-18T2 28 qualify as a public record under the common law, and that Libertarians can likely establish an interest in the subject matter of that agreement. See Educ.

Emily Martin v. Board of Review

New Jersey Superior Court Appellate Division · May 22, 2025

evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly … An individual who does not have enough wages in the base year to qualify for unemployment benefits may use an "alternative base year," N.J.A.C. 12:17 - 5.2, defined as either "the last four completed calendar quarters immediately

New Brunswick Mun. Emps. Ass'n v.

453 N.J. Super. 408 · New Jersey Superior Court Appellate Division · Mar 2, 2018

Before PERC, the Association argued N.J.S.A. 40A:10-21.1 established a ceiling for retiree contributions for health care coverage based on the sliding scale established in N.J.S.A. 52:14-17.28c. … Moreover, neither party has contended the City designed its health benefit plans with contribution rates differing from those of N.J.S.A. 52:14-17.28c so as to qualify for treatment under N.J.S.A. 40A:10-21.1(c).

State v. Halsey

340 N.J. Super. 492 · New Jersey Superior Court Appellate Division · Jun 1, 2001

A look at the facts of this case clearly show that the officer's observation gave him a qualified suspicion, if not probable cause, and I so find it was probable cause, that a motor vehicle infraction occurred, therefore, … However, the burden to establish such a claim "is a demanding one." Ibid.

Maher v. NJ TRANS. RAIL OPERATIONS

239 N.J. Super. 213 · New Jersey Superior Court Appellate Division · Mar 9, 1990

New Jersey clearly has an interest in regulating employment discrimination. Jansen v. Food Circus Supermarkets, Inc., 110 N.J. 363, 373 , 541 A. 2d 682 (1988); Fuchilla v. … Plaintiff insists he did not report to work at the Third Trick Trouble Desk because he was not qualified and because wearing of safety glasses created a new hazard for him inasmuch as the side vents eliminated his peripheral

State v. Hubbard

176 N.J. Super. 174 · New Jersey Superior Court Appellate Division · Oct 1, 1980

That is, has defendant met the threshold requirement of N.J.S.A. 2C:1-1 d(2) in order to qualify for a review of his sentence before this panel. … The purpose of N.J.S.A. 2C:44-6 e was to establish a hearing, satisfying procedural due process requirements, to determine if one of the criteria of an extended term, in a nonmurder case can be established.

State v. Colbert

245 N.J. Super. 53 · New Jersey Superior Court Appellate Division · Oct 11, 1990

In Pillot , offenses which were "factually distinct in terms of time, place, and victim, if not manner" were held not subject to mandatory joinder, because they failed thereby to qualify as an "episode." … We reject the double jeopardy argument as clearly without merit. R. 2:11-3(e)(2). CONCLUSION We reverse the order of dismissal. The indictment is restored, and the matter remanded for trial.

Schweizer v. Elox Division of Colt Industries

133 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Feb 25, 1975

Under the law of this State certain basic principles are firmly established. … In the absence of express terms to the contrary, these provisions must be deemed to be qualified by Civil Code, section 3517 which provides that "No one can take advantage of his own wrong."

Ohrel v. Continental Cas. Co.

138 N.J. Super. 170 · New Jersey Superior Court Appellate Division · Dec 18, 1975

commencing within 30 days of the date of the accident, the Insured is totally and permanently disabled and prevented from engaging in each and every occupation or employment for compensation or profit for which he is reasonably qualified … Ordinarily the subject matter of insurance must be clearly specified so as to make its identification certain. 43 Am. Jur. 2d, Insurance, § 323 at 383.

Abel Holding Co. v. American Dist. Telegraph Co.

138 N.J. Super. 137 · New Jersey Superior Court Appellate Division · Dec 10, 1975

In that case, because the exculpatory clause in a commercial lease did not clearly advert to landlord's negligence and there was no indication elsewhere in the lease of an understanding to immunize it from liability for its … Henley, 48 N.J. 483 (1967), upheld such an agreement in substantially the same factual setting established in this case.

Lubliner v. Bd. of Alcoholic Bev. Con., Paterson

59 N.J. Super. 419 · New Jersey Superior Court Appellate Division · Feb 4, 1960

No real public need for a license at the new premises has been established. … Administrative agencies are by far the best qualified to develop their own res judicata practices out of intimate acquaintance with their individual problems.

In re the Adoption of Amendments To N.J.A.C. 6:28-2.10

305 N.J. Super. 389 · New Jersey Superior Court Appellate Division · Nov 13, 1997

expressed concern that the federal terms “assistive technology devices” and “assistive technology services” were not specifically identified as items the local school districts would be required to consider and to provide to qualified … All four plans establish an agreement in the nature of a contract between the public agency and the individual with a disability regarding services and equipment to be provided. [H.R. Rep.

Saldana v. Michael Weinig, Inc.

337 N.J. Super. 35 · New Jersey Superior Court Appellate Division · Jan 31, 2001

The authentication of a photograph requires verification by a qualified individual, one who has made personal observations, thereby establishing that the conditions reproduced existed at the time of the accident. Ibid. … Here, plaintiff clearly advanced his position that the photograph should be admitted without depicting the warning sticker.

G.D.M. v. Board of Education

427 N.J. Super. 246 · New Jersey Superior Court Appellate Division · Jul 24, 2012

Although N.J.A.C. 6A:16-7.1(a) authorizes local boards to establish standax’ds for conduct away from school grounds, the regulation qualifies this grant of authority by limiting it to situations where it is “appropriate” … The Act clearly reaffirms the requirement of the nexus articulated by the court in R. R.

Manahawkin v. O'Neill

426 N.J. Super. 143 · New Jersey Superior Court Appellate Division · May 31, 2012

Defendant countered that the language of the Admission Agreement and the Residents Rights form clearly state that a nursing home is not permitted to require a third-party guarantee of payment. … In DiCarlo , the plaintiff patient was indigent, had no health insurance and did not qualify for Medicare or Medicaid.

STATE OF NEW JERSEY VS. CARLIA M. BRADY (15-05-0240, SOMERSET COUNTY AND STATEWIDE) (CONSOLIDATED)(RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Sep 11, 2017

However, in Deegan, the defendants' duties, although not expressed in a statute, were the very duties of the position, i.e., approving the award of disability pensions to only qualified candidates. … they are clearly inherent in the nature of the office.")

Wilson Coalition v. Mayor of Summit

245 N.J. Super. 616 · New Jersey Superior Court Appellate Division · Nov 29, 1990

Each of the agencies involved here is so qualified. The Summit Child Care Center, Inc., incorporated in 1955, is licensed by the New Jersey Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq. … Public nursery schools can be established by a board of education in any school under its control, pursuant to N.J.S.A. 18A:44-1.

Newman v. Isuzu Motors America

367 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Feb 25, 2004

If B or C pays A's claim in full, then A clearly has no further recourse against B or C for he has received full satisfaction and may not justly claim any more. … There, in an opinion by Judge Pressler, we held that a release of a hospital following settlement in the approximate amount of its liability as capped by charitable immunity did not bar a subsequent action against the hospital's

In Re Karcher

190 N.J. Super. 197 · New Jersey Superior Court Appellate Division · May 11, 1983

We disagree; the tax revenues are clearly state funds. … That court noted that all appropriations are qualified to a degree. Id. at 710 .

New Jersey State (Division of State Police) v. New Jersey State Trooper Captains Association

441 N.J. Super. 55 · New Jersey Superior Court Appellate Division · Jun 8, 2015

PERC erred by employing a "two-pronged test" requiring that captains both function at or above the level of assistant commissioner and also formulate management policies and practices to qualify … spoken it is the privilege of that body to establish public policy, and the [J]udiciary must not ignore the policy thus established on the ground that its views differ with those