Case law

James v. Arms Technology, Inc.

359 N.J. Super. 291 · New Jersey Superior Court Appellate Division · Mar 11, 2003

The pleadings clearly implicate the concept of "unreasonableness." … Further, there is no basis for manufacturers, or any particular type of manufacturers, to claim immunity.

Hoagland v. Springer

74 N.J. Super. 275 · New Jersey Superior Court Appellate Division · Apr 25, 1962

A single event will suffice if its effects within the state are substantial enough to qualify under Rule Three. (2) The cause of action must be one which arises out of, or results from, the activities of the defendant within … A comparison of the facts in Dowd with those in the instant case clearly shows how different they are. There is no need for me to review them again.

State of New Jersey v. Darryl Nieves

New Jersey Superior Court Appellate Division · Sep 13, 2023

s mother to this case. 7 The judge qualified Scheller as an expert in neuroimaging over the State's objection. … A-2069-21 50  "The proponent of the technique has the burden to 'clearly establish' general acceptance." Ibid. (quoting State v. Johnson, 42 N.J. 146, 171 (1964)).

Matter of Mut. Ben. Life Ins. Co.

258 N.J. Super. 356 · New Jersey Superior Court Appellate Division · Jul 8, 1992

The purposes of the Uniform Act and of our own statute clearly require that broad and expansive powers be granted the Commissioner and the trial court. Indeed, the plain language of the Act so provides. … We have considered the remainder of appellants' arguments and find them to be clearly without merit. R. 2:11-3(e)(1)(E). Affirmed.

Aviation Charters, Inc. v. Avemco Ins. Co.

335 N.J. Super. 591 · New Jersey Superior Court Appellate Division · Dec 21, 2000

The pilot here had fewer than 5,000 hours of flight time, but qualified in all other respects under the policy. … Clearly, that is not the case here. The insured does not seek to expand coverage beyond that provided by the policy.

In the Matter of the Estate of Paul Nigito

New Jersey Superior Court Appellate Division · Dec 27, 2024

Distribution of principal shall be charged to the elected qualified terminable interest trust. 2. … In its oral decision, the court found an award of attorney's fees to Nigito was "clearly warranted."

COMM. TO RECALL MENENDEZ v. Wells

413 N.J. Super. 435 · New Jersey Superior Court Appellate Division · Mar 16, 2010

The United States Constitution establishes that the term of office for a United States Senator is six years. U.S. Const. art. I, § 3, cl. 1; amend. XVII, ¶ 1. … There would clearly be a First Amendment right to advocate amendment of the recall statute or the Constitution itself.

STATE OF NEW JERSEY VS. RAQUEL GARAJAU (17-11-1630, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 4, 2021

Plain error is error that is "clearly capable of producing an unjust result." Ibid. (quoting R. 2:10-2). … Relatively limited training in a subject may qualify an expert to testify regarding it.

State v. Coburn

221 N.J. Super. 586 · New Jersey Superior Court Appellate Division · Dec 23, 1987

THERE WAS NO SHOWING THAT THE MEDICAL EXAMINER WAS QUALIFIED TO TESTIFY ON GUN DISTANCES FROM INFLICTED WOUNDS. B. … We have considered the other contentions raised in light of the record and find they are clearly without merit. R. 2:11-3(e)(2).

Calco Hotel Mgt. Group v. Gike.

420 N.J. Super. 495 · New Jersey Superior Court Appellate Division · Jun 28, 2011

According to Gike, the second sentence of N.J.A.C. 5:10-2.2 expands upon and qualifies the first sentence, explaining that all persons in "actual physical possession" of a hotel room are not necessarily subject to the "specific … The court concluded, based upon "the relevant language of the regulation," that Gike clearly was the "occupant" of the subject room within the intendment of N.J.A.C. 5:10-5.1.

Tobin v. Paparone Const. Co.

137 N.J. Super. 518 · New Jersey Superior Court Appellate Division · Nov 20, 1975

This court is not requiring any particular planting by the plaintiff but is using the testimony to establish the measure of damages to be awarded. … The court finds that there is adequate room on the Tobin property for establishing this remedial planting without any significant sacrifice on Tobin's part.

Morris Cty. F. Housing v. Boonton Tp.

230 N.J. Super. 345 · New Jersey Superior Court Appellate Division · Jan 20, 1989

On appeal defendant argues for the first time that the waiver described in § 95-80 applies only to the engineering and construction design standards and that to qualify for relief, plaintiff had to establish the criteria … We conclude in any event that the record establishes that plaintiff was entitled to a variance under N.J.S.A. 40:55D-70c(2).

Jimenez v. GNOC, CORP.

286 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Jan 16, 1996

Qualified expert testimony is admissible to assist the jury, N.J.R.E. 702, but there must be a factual and scientific basis for an expert's opinion. Rubanick v. Witco Chemical Corp., 242 N.J. … Id. at 114, 293 A. 2d 419 . *545 Clearly, then, a plaintiff is not entitled to bring her case to a jury under res ipsa loquitur any time there is an unexplained accident for which a defendant might plausibly be responsible

Shortino v. Buna

427 N.J. Super. 285 · New Jersey Superior Court Appellate Division · Jul 27, 2012

In order to establish a prima facie case for medical negligence premised on a theory of deviation from the standard of care, a plaintiff must generally present expert testimony establishing “ ‘(1) the applicable standard … Phelps, 96 N.J. 500, 511 , 476 A.2d 1199 (1984) (independent evidence establishing a conspiracy to commit a crime may be established by a combination of different types of proof, including testimony of witnesses and may be

IN THE MATTER OF THE APPLICATION OF ONCOLOGY AND HEMATOLOGY SPECIALISTS, P.A., ETC. (NEW JERSEY BOARD OF PHARMACY)

New Jersey Superior Court Appellate Division · Dec 22, 2021

whether the agency's decision conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly … Id. at 303-04 1 Kemp involved the issue of whether a State entity enjoyed immunity from liability under the Tort Claims Act, N.J.S.A. 59:6-4. 147 N.J. at 297, 299.

CITY OF NEWARK VS. NEWARK POLICE SUPERIOR OFFICER'S ASSOCIATION (PUBLIC EMPLOYMENT RELATIONS COMMISSION) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Sep 27, 2021

The standard for such relief is well-established. … Div. 2012) ("[E]ach . . . factor[] 'must be clearly and convincingly demonstrated'") (quoting Waste Mgmt., 399 N.J Super. at 520); see also McKenzie v. Corzine, 396 N.J. Super. 405, 414 (App.

Del Peso v. HA Bar and Restaurant Co., Inc.

75 N.J. Super. 108 · New Jersey Superior Court Appellate Division · Jun 18, 1962

But clearly Preston R. Tisch was the de facto head of the whole operation. … As to this, the premise is not established by the proofs. The testimony is that Del Peso was not even mentioned when the management contract was negotiated.

Susan J. Carney v. Board of Review

New Jersey Superior Court Appellate Division · Jan 2, 2026

It is undisputed that petitioner was not employed from April 1, 2020 to September 12, 2021, the timeframe within which she needed to establish base earnings in order to qualify for benefits under the Unemployment Compensation … whether the record contains substantial 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

Aftab v. PROPERTY-LIABILITY INS. GUAR. ASSOC.

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.

S.R. v. New Jersey Department of Community Affairs, Etc.

New Jersey Superior Court Appellate Division · Sep 22, 2025

s certifications and reports, the ALJ further found S.R. established his disability. The ALJ stated DCA also failed to use "the interactive process in response to [S.R.' … To make a prima facie showing of disability discrimination under Title II of the ADA for failure to make a reasonable accommodation, a party must show: "(1) he [or she] is a qualified individual; (2) with a disability;