Case law

SOMERVILLE, ETC., SALES, INC. v. General Metal Corp.

39 N.J. Super. 348 · New Jersey Superior Court Appellate Division · Mar 28, 1956

Having in mind that the jury had no qualifying instructions in respect to what guide it should follow in ascertaining the extent to which it might allow the supposed liability over to Heineken's in estimating plaintiff's … But it was clearly appropriate and necessary, since the issue was raised, for the court to satisfy itself from the evidence as to whether the claim of the subvendee was well-founded as a matter of law. Cf.

Board of Education v. Board of Education v. Board of Education

257 N.J. Super. 413 · New Jersey Superior Court Appellate Division · Jun 15, 1992

THS uses an innovative approach to discipline, giving qualified students freedom to move about the school facilities during unscheduled periods. … Clearly, under appropriate circumstances, injunctive relief is a power available to the State Board. Bd. of Educ. of Asbury Park v.

Steinmann v. Dept. of Treasury

235 N.J. Super. 356 · New Jersey Superior Court Appellate Division · Jan 15, 1988

Indeed, if we were establishing regulations de novo, we might conclude that retirement *361 plans could be reopened at any time to provide the maximum benefits available to retirees. … TPAF's policy is to offer members who file for a particular retirement plan a better benefit if the member qualifies.

Matter of Estate of Post

282 N.J. Super. 59 · New Jersey Superior Court Appellate Division · Jun 14, 1995

The "ordinary case" example clearly does not establish legislative intention to apply the valuation methodology in N.J.S.A. 3B:8-17 only to a life estate "created by the decedent whose estate is ... subject to the elective … The Legislature has, by this statute, fixed the "qualifying age for testamentary capacity." In re Estate of Knight, 19 N.J.

New Jersey Transit PBA Local 304 v. New Jersey Transit Corp.

384 N.J. Super. 512 · New Jersey Superior Court Appellate Division · Apr 12, 2006

Specifically, a who, what, where, when, why and how standard for disclosure must be established by [NJT]. … Clearly, an officer’s ability to perform his or her job safely depends on being physically capable of performing [his or her] duties.

Matter of On-Line Games Contract

279 N.J. Super. 566 · New Jersey Superior Court Appellate Division · Feb 17, 1995

It is sure to catch the eye and grab the attention of any customer in an agent's establishment. … She explained: The risks attendant on AWI's bid do not seem so clear, have not been so clearly established by the Committee, and do not seem to rise to the level of unresponsiveness.

MARCH MCKNIGHT, JR. VS. MERRI MCKNIGHT (FM-07-16154-94, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 17, 2021

Plaintiff March McKnight, Jr. appeals from the August 2, 2019 order of the Family Part establishing the terms of a Qualified Domestic Relations Order (QDRO) distributing a share of his pension benefits to defendant Merri … The 2006 amendment to ERISA clearly provides that the delay in entry of the QDRO does not render its provisions invalid. See also Files v.

Mullen v. Ippolito Corp.

428 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Sep 10, 2012

Shortly after joinder of issue, the municipal defendants moved for summary judgment, seeking to dismiss plaintiffs’ complaint based on the immunities provided to governmental entities and their employees under the New Jersey … The deposition testimony of the municipal official charged with enforcing the dune protection ordinance clearly revealed a pattern of non-enforcement.

In Re Klein's Estate

36 N.J. Super. 407 · New Jersey Superior Court Appellate Division · Jul 22, 1955

Was it the testator's intention to deny his representatives the authority to discharge Lyons and thus establish him in his employment permanently? … Usually this doctrine is invoked in order to establish a gift by implication. 5 American Law of Property (1952) 183 to 189 (written by Casner).

State v. Kordower

229 N.J. Super. 566 · New Jersey Superior Court Appellate Division · Jan 12, 1989

Without the guiding hand of counsel, an innocent defendant may lose his freedom because he does not know how to establish his innocence. Powell v. … Finding defendant's explanation so clearly inadequate, the judge could view her tardiness as a direct contempt. Id. at 126-27.

New Jersey Division of Youth & Family Services v. L.J.D.

428 N.J. Super. 451 · New Jersey Superior Court Appellate Division · Oct 17, 2012

Before addressing the issues presented by Lela, we outline the well-established guidelines governing our review. … Singer concluded, “This child clearly requires consistency and permanency.

Dairy Stores, Inc. v. Sentinel Pub. Co., Inc.

191 N.J. Super. 202 · New Jersey Superior Court Appellate Division · Jul 21, 1983

This is clearly a statement of *208 fact. … Super. 225 (App.Div. 1966) (filing of false complaint is only actionable if elements of malicious prosecution are established and proof of those elements may not be avoided by labeling the claim as one for false imprisonment

State v. Kirk

202 N.J. Super. 28 · New Jersey Superior Court Appellate Division · May 28, 1985

The judge found from the evidence that the Roxbury program was "sufficiently productive to qualify as a reasonable law enforcement practice." Ibid. … LaFave says on this important point of location of temporary or movable road blocks Quite clearly, the question of where and when a DWI roadblock is to be conducted should not be left to officers in the field.

State v. Cusmano

274 N.J. Super. 496 · New Jersey Superior Court Appellate Division · Jun 30, 1994

The witness clearly indicated that the discontinuity, designated as "tape cuts out" on page fifty-three, lasted ten seconds. … Driver, supra , the primary cited precedent establishing the standard for the admissibility of a sound recording is U.S. v. McKeever, 169 F.

State v. Williams

286 N.J. Super. 507 · New Jersey Superior Court Appellate Division · Aug 3, 1995

Clearly, the policy behind the statute is to use the proceeds of illegal drug sales to reimburse the State for investigative expenses. … Although the Court in Austin did not establish a test to determine when a forfeiture is constitutionally excessive, Justice Scalia's concurring opinion suggested that, because in rem forfeitures tend to go beyond the limits

Urban League of Essex County v. Mahwah Tp.

207 N.J. Super. 169 · New Jersey Superior Court Appellate Division · Aug 1, 1984

The evidence clearly established, from a planning perspective, both Franklin Commons West and Franklin Commons East are eminently suitable for the type of development proposed. … The evidence clearly establishes the topography of this site readily lends itself to the type of residential development proposed.

In Re Reorganization of Medical Inter-Insurance Exchange of New Jersey

328 N.J. Super. 344 · New Jersey Superior Court Appellate Division · Feb 14, 2000

MIIX was established in 1977 under the auspices of MSNJ as a reciprocal insurance exchange authorized by N.J.S.A. 17:50-1 to -19. … Significantly, he found "that the proposed plan of distribution is clearly reasonable and equitable."

I.M. v. Division of Medical Assistance and Health Services

New Jersey Superior Court Appellate Division · Feb 4, 2025

"Individuals qualify for MLTSS by meeting established Medicaid financial requirements . . . contained in N.J.A.C. 10:69, 70, 71, or 72." N.J.A.C. 10:60-6.2(a). … "The process of establishing eligibility involves a review of the application for completeness, consistency, and reasonableness." N.J.A.C. 10:71-2.9.

H.S. v. Ocean County Board of Social Services

New Jersey Superior Court Appellate Division · Feb 18, 2026

OCBSS reevaluated H.S. to determine if she qualified for benefits under that program, as detailed in N.J.A.C. 10:71 and N.J.A.C. 10:72. … Notably, H.S. also provided a benefits statement that proved she had "earned enough credits to qualify for [SSRI] retirement benefits."

J. Abbott & Son, Inc. v. Holderman

46 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Jul 12, 1957

He was made the secretary to the wage board and by a unanimous vote recognized as an expert qualified to give expert testimony during the board's meetings. … Petitioners next claim that the statute does not give the Commissioner authority to establish overtime rates except as to learners and apprentices.