Case law

In Re Application of Borinsky

363 N.J. Super. 10 · New Jersey Superior Court Appellate Division · Aug 28, 2003

The State retains the power to establish its own standards for weapon possession licensure, irrespective of whatever occupational rights may be established elsewhere. … Those arguments either lack a basis in the record before us, or bespeak extra-judicial policy considerations, or are clearly without merit as a matter of facial evaluation.

S.G. v. New Jersey Department of Corrections

New Jersey Superior Court Appellate Division · Mar 4, 2026

Careful review of the record, in light of the legislative intent and established principles, yields the following: The DOC is bound by law to house sexually violent predators separately from inmates serving criminal … In sharp contrast, civil commitment is permitted, not to punish past behavior, but instead because of a determination that the person in question qualifies as an SVP—defined as someone who "suffers from a mental abnormality

Acorn Montessori v. Bethlehem Tp.

380 N.J. Super. 216 · New Jersey Superior Court Appellate Division · Jan 13, 2005

Under this anti-discrimination statute, clearly, an activity which a public school is allowed to undertake cannot be denied to a private school. … 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.

MONTCLAIR STATE UNIVERSITY VS. COUNTY OF PASSAIC (L-2866-14, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 16, 2021

And, on March 18, 2019, the County issued to MSU a Right of Way Access Permit. 3 In Rutgers, 60 N.J. at 153, the Court held that although state universities possess a form of qualified immunity from local land use regulations … immunity a nullity."

Fertile v. St. Michael's Med. Ctr.

334 N.J. Super. 43 · New Jersey Superior Court Appellate Division · Aug 9, 2000

He said that nothing suggested that she could not graduate from high school or pursue higher education to qualify her for a professional position. He predicted no income loss as a result of her disability. … In proving a claim for emotional distress arising from a child's injury at birth, the parent must establish a level of emotional distress beyond that expected "when something goes wrong in the delivery room."

State v. Taylor

81 N.J. Super. 296 · New Jersey Superior Court Appellate Division · Nov 25, 1963

The existence here of a basis for suspicion may be conceded; also that the evidence need not be such as to establish guilt. The critical line is that "between mere suspicion and probable cause," Brinegar v. … cause to arrest is clearly drawn in State v.

Cashen v. Spann

143 N.J. Super. 560 · New Jersey Superior Court Appellate Division · Jul 19, 1976

It suffices to say that the entire incident was characterized by the Appellate Division as a ifbizarre mistake,” a conclusion drawn from four clearly identified falsehoods in the affidavit, and with which the Supreme Court … He explained that the average informant’s intellectual capabilities and motivations are not such that qualified assurances could be made understandable to him.

Alfano v. BDO Seidman, LLP

393 N.J. Super. 560 · New Jersey Superior Court Appellate Division · Jun 15, 2007

DB contends that the transaction documents clearly disclosed the relationship between DB and DBSI, and when read together, the Customer Account Agreement's arbitration clause is applicable to this matter. … Two additional circuit courts have addressed the issue of whether a parent corporation qualifies as a "person associated with a member" under the NASD Code, and each has concluded that the term "person" used in the NASD regulations

In Re New Jersey State Contract

422 N.J. Super. 275 · New Jersey Superior Court Appellate Division · Jun 27, 2011

The RFP also clearly stated that any subsequent contracts with participating entities would be governed by and construed in accordance with the laws of the participating state. … The notice requirement does not require the Director to establish a bidder qualification system or process.

Rosalyn Musker v. Suuchi, Inc.

New Jersey Superior Court Appellate Division · Jun 24, 2024

If it clearly reveals the Legislature's intent, the inquiry is over." State v. Harper, 229 N.J. 228, 237 (2017) (citing DiProspero, 183 N.J. at 492). … In many, perhaps most, instances a promised commission will qualify as “wages” under the Wage Payment Law and not comprise a supplementary incentive.

In re D.K.

204 N.J. Super. 205 · New Jersey Superior Court Appellate Division · Apr 11, 1985

The lack of a technically qualified plaintiff cannot prevent this court from acting in the interest of an incompetent. … The testimony received clearly supports the conclusion that D.K. is ill and cannot manage her affairs. That was the unanimous conclusion of the medical experts.

Clarkson v. Selected Risks Insurance Company

170 N.J. Super. 373 · New Jersey Superior Court Appellate Division · Sep 10, 1979

N.J.S.A. 12A:3-404, the particular provision of the act applicable here, qualifies its general principle concerning the effect of an unauthorized signature with the phrase, "unless he [the principal] ratifies it or is precluded … The very language of the subsection as well as the commentary that follows it clearly indicates that the protection afforded collecting banks by subsection (5) is only triggered by a payor bank's waiver of or refusal to raise

Gallowhur Chemical Corp. v. Schwerdle

37 N.J. Super. 385 · New Jersey Superior Court Appellate Division · Oct 7, 1955

Defendants urge also that "there is an absolute vacuum in plaintiff's case as to any proofs to establish any semblance of secrecy at the various establishments of Gallowhur * * * where operations began as early as January … Md. 1955), it is to be noted that the wrongful use there clearly antedated issuance of plaintiff's patent.

State v. JQ

252 N.J. Super. 11 · New Jersey Superior Court Appellate Division · Nov 14, 1991

The issue is whether the evidence, although not established at trial to be so, was, in fact, reliable. … s secrecy and delayed reporting of the abuse, we think it met the third reliability test established in State v.

In Re JM

416 N.J. Super. 222 · New Jersey Superior Court Appellate Division · Feb 4, 2010

J.M. relied on her hourly wage of $10 to $15 per hour to support herself and her son and understood that she had an insufficient work history to qualify for Social Security Disability should she be unable to work. … She clearly wished to live. Psemar indicated that the high BUN reading could indicate toxins remained in her blood causing mental confusion, but he could not draw a direct correlation between that condition and J.M.'

STATE OF NEW JERSEY v. R.J.R. (17-02-0139, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Oct 17, 2022

Moore, 122 N.J. 420, 457-60 (1991)) ("The expert may be qualified on the basis of his experience, even when it is limited."). … While it is well-established that an expert "cannot express an opinion on the credibility of a witness or party," State v.

State of New Jersey v. Brian A. Green

447 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Sep 21, 2016

Once qualified, Sullivan opined as follows in response to the prosecutor's questions: [PROSECUTOR]: Detective, at this time I'm going to place before you and the jury a hypothetical question … He asserts the 11 A-2656-12T3 testimony was prejudicial, crossed the boundaries established by the Supreme Court for testimony by drug

WILLIAM AND CAROLYN MCFEELEY VS. SUNNY KAR (L-3101-17, CAMDEN COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Jan 18, 2019

The Act "establishes the procedures by which claims may be brought[.]" Beauchamp v. Amedio, 164 N.J. 111, 116 (2000). … Rowan University was established by the Legislature as "a body corporate and politic." N.J.S.A. 18A:64M-4.

Federal Trust Co. v. Walsh

20 N.J. Super. 542 · New Jersey Superior Court Appellate Division · Jun 23, 1952

Walsh, surviving brother of the testator, qualified and continued in office until his death September 12, 1932. … Preliminarily, a statement of some of the applicable established rules of construction is appropriate.

SANDRA ROENING v. CITY OF ATLANTIC CITY (L-2929-18, ATLANTIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 18, 2022

Although, as plaintiffs argue, he does not necessarily need to be a metallurgist to qualify as an expert witness, he must still support his opinion with facts, scientific data, or an accepted standard. … "Generally, immunity for public entities is the rule and liability is t he exception." Fleuhr v. City of Cape May, 159 N.J. 532, 539 (1999).