Case law
Opinions from 1658 to today.
5,442 results
0.98s
257 N.J. Super. 279 · New Jersey Superior Court Appellate Division · Jun 18, 1992
whether the user of a product would have acted in the same manner had a proper warning been given is normally a question of fact on which a jury, unaided by presumptions and guided only by the evidence before it, is best qualified … motion for a new trial was properly denied because, in light of the evidence presented at trial, and "having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses," we cannot say there clearly
Cited 20 timesPublishedNew Jersey Superior Court Appellate Division · Aug 5, 2021
The State showed the video to establish defendant was lying when he claimed that Bryce fell down the stairs chasing after his mother. … Benjamin was qualified as an expert in forensic pathology.
Cited 0 timesPublished361 N.J. Super. 431 · New Jersey Superior Court Appellate Division · Jun 27, 2003
At the conclusion of this hearing, the trial court stated: Clearly Mr. … Defendant has clearly indicated *1190 that he does not want to pursue an insanity defense.
Cited 3 timesPublishedTeamsters Local 97 v. State of New Jersey
New Jersey Superior Court Appellate Division · Jan 31, 2014
For those reasons, a statute "will not be declared void unless it is clearly repugnant to the Constitution." Trautmann ex rel. Trautmann v. … Legislative immunity guaranteed by the Speech or Debate Clause assures that the speech and conduct of legislators acting within the sphere of legitimate legislative activity will not be made
Cited 0 timesPublishedBeaudoin v. Belmar Tavern Owners Ass'n
216 N.J. Super. 177 · New Jersey Superior Court Appellate Division · Mar 24, 1987
N.J.S.A. 33:1-47.1 establishes the criteria and procedures for municipal referenda on the hours of retail sale of alcoholic beverages. … An election may be voided only where it is clearly illegal. State ex rel. Love v. Board of Chosen Freeholders of Hudson County, 35 N.J.L. 269, 277 (Sup.Ct. 1871); In re Application of Wene, 26 N.J.
Cited 6 timesPublishedStevenson v. State Farm Indemnity Co.
311 N.J. Super. 363 · New Jersey Superior Court Appellate Division · May 14, 1998
We concluded the Legislature “did not intend that PIP coverage provide protection to people injured in accidents for which there would not have been automobile liability coverage even if fault could be established.” Id. … Clearly, they were “occupying” their cars in both the literal and statutory sense.
Cited 11 timesPublishedNew Jersey Superior Court Appellate Division · Jul 13, 2021
The first is "by establishing . . . that the plaintiff was better qualified for the position than the minority candidate selected." Ibid. … qualified."
Cited 0 timesUnpublished77 N.J. Super. 542 · New Jersey Superior Court Appellate Division · Dec 14, 1962
Plaintiffs were obliged to proffer original proofs to establish their contentions with respect to the issues in such litigation. Id., at p. 187. … To the extent that it applies to plaintiffs' property, the zoning ordinance of the city is discriminatory, arbitrary and unreasonable; the proofs clearly demonstrate its unconstitutionality.
Cited 1 timesPublished397 N.J. Super. 598 · New Jersey Superior Court Appellate Division · Jan 24, 2008
If the Family Part finds that the State has established such probable cause and the other prerequisites for waiver to adult court set forth in N.J.S.A. 2A:4A-26, the sole consequence of these findings is that jurisdiction … However, we question whether a confession qualifies as "cooperation" within the intent of this subsection, at least in the absence of any indication the confession identified other perpetrators or assisted in solving other
Cited 26 timesPublishedSTATE OF NEW JERSEY VS. TIM MCGEACHY (10-06-1064, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 7, 2019
After being qualified at trial as an expert in forensic pathology, Dr. Stash "concluded that the cause of death was complications of blunt force head trauma, with HIV as a contributing factor. Dr. … Under these circumstances, we conclude that an evidentiary hearing was clearly required in this case to address the issue of defense counsel's failure to retain a new expert.
Cited 0 timesUnpublishedAffiliated FM Ins. Co. v. State
338 N.J. Super. 540 · New Jersey Superior Court Appellate Division · Apr 11, 2001
A90-252 for repayment of the PLIGA loans clearly fall within the types of assurances of future payments that this Court has traditionally found not to be "debts." … Clearly, then, plaintiffs have no right to any MTF-related funds until the bonds, by their own terms, are paid.
Cited 5 timesPublished382 N.J. Super. 27 · New Jersey Superior Court Appellate Division · Dec 20, 2005
created a high potential for causing injury to the officers," leading the court to conclude that "the need to protect the troopers' safety outweighed whatever marginal deterrent to police misconduct might be provided by immunizing … Id. at 94. [6] The stated purpose was to guide troopers in the lawful, safe and effective exercise of discretion and to "clearly and precisely" set forth prohibited factors, "including race, ethnicity and national origin
Cited 2 timesPublishedLINDA CLARK v. CITY OF WILDWOOD (L-0087-20, CAPE MAY COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 9, 2022
Thus, . . . the defect was well over the allowed vertical height differential between walking surfaces and qualified as a tripping hazard." … To vault the threshold, assuming a plaintiff can establish liability against a public entity, the TCA requires a plaintiff to establish: "(1) an objective permanent injury, and (2) a permanent loss of a bodily function
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 20, 2017
Higginson 1996 Qualified Seven Year Annuity Trust Agreement (Seven Year Trust) and the other fifty-percent interest into Evelyn B. … Innocent party grants were clearly intended to help the owners of a contaminated property defray the costs of remediation if they were not responsible for the contamination and had acquired the property
Cited 0 timesUnpublishedIn the Matter of Rutgers and International Brotherhood of Teamsters Local 97
New Jersey Superior Court Appellate Division · Jun 24, 2026
The Vaccine Policy is consistent with New Jersey law, which provides that "each health care facility shall establish and implement an annual influenza vaccination program." N.J.S.A. 26:2H-18.79. … "To be arbitrable, a matter must qualify as one on which the parties may negotiate. A matter which is not legally negotiable in the first place cannot be arbitrable." Ridgefield Park Educ. Ass'n v.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LEWIS HOOPER (13-06-0768, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 10, 2019
Because both crimes were committed within ten years of the offenses for which defendant was being sentenced in 2016, he qualified for extended-term sentencing as a persistent offender. … We will thus reverse the denial of a motion to withdraw a guilty plea "only if there was an abuse of discreti on which renders the lower court's decision clearly erroneous." State v. Simon, 161 N.J. 416, 444 (1999).
Cited 0 timesPublished308 N.J. Super. 15 · New Jersey Superior Court Appellate Division · Jan 27, 1998
I clearly said it was not a voluntary and freely given statement by virtue of those statements. He was in custody, I said. … Any paperwork, including letters, papers or other writings that may establish a motive for the crime of homicide and/or a relationship between the victim, and the suspect, and any paperwork or other materials which establish
Cited 11 timesPublished454 N.J. Super. 189 · New Jersey Superior Court Appellate Division · Apr 4, 2018
It recognized that some disparity in sentencing is inevitable, but found the "formalization of disparity from county to county" set forth in the challenged guidelines to be "clearly impermissible." … We note that the Code does not incorporate four of the five statutory characteristics of "developmental disability," thereby increasing the number of qualifying individuals. See N.J.S.A. 30:6D-3(a)(2)-(5).
Cited 0 timesPublishedAparin v. County of Gloucester
345 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Aug 30, 2000
The position of County Park Ranger is a job title in the career service established pursuant to N.J.S.A. 11A:3-1. … These *275 duties are clearly recognized by the patrons of the park. This letter concluded that Mr.
Cited 4 timesPublished251 N.J. Super. 169 · New Jersey Superior Court Appellate Division · Jun 11, 1991
him in good faith believing that the facts and law were as set forth by his attorney in the trial brief and proposed findings of fact and conclusions of law; (4) since plaintiff was not the prevailing party, she does not qualify … 340 U.S. 877 (1950), where there was a direct conflict between a court rule and a statute concerning the time to appeal from a final judgment of the trial division of the Superior Court or a case like Matter of Hearing on Immunity
Cited 42 timesPublished
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