Case law

STATE OF NEW JERSEY VS. DAVID GHIGLIOTTY (17-02-0154, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 20, 2020

The science of firearm and toolmark identification is well-established, spanning over 100 years in the United States. Thompson at 8. … Pursuant to N.J.R.E. 702, "[i]f scientific . . . knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training

Shatz v. TEC Technical Adhesives

174 N.J. Super. 135 · New Jersey Superior Court Appellate Division · May 13, 1980

Thus, after the settlement it is defendant and not plaintiff who has the interest in establishing negligence by the settlor. … There was no question but that he was fully qualified as an expert on the properties of TEC 21F.

Dcpp v. T.L. and R.M., in the Matter of the Guardianship of A.O.M.

New Jersey Superior Court Appellate Division · Jan 31, 2025

However, he found the caseworker's testimony, and the resource parent's execution of the KLG fact sheet clearly established that KLG was not an alternative. … We conclude there was no error in the judge's determination that the Division established the first part of prong three clearly and convincingly as to Tonya and Ronald.

Contini v. Bd. of Educ. of Newark

286 N.J. Super. 106 · New Jersey Superior Court Appellate Division · Dec 22, 1995

refers to the 1968 public law that enacted the APA, L. 1968, c. 410, and not to the 1978 amendments that created the OAL, the Legislature designated the 1978 law as an amendment to the original APA, L. 1978, c. 67, and clearly … Superintendent's relatives are employed by the District. .... *127 Even assuming that no Newark official actually used his or her position to secure employment for relatives and that all the relatives who were hired were qualified

Newark Morning v. Sports & Expo.

423 N.J. Super. 140 · New Jersey Superior Court Appellate Division · Nov 30, 2011

Defendant's claim that disclosure diminishes its competitive edge is not clearly articulated. … Although the "common-law definition of a public record is broader than the definition" contained in OPRA, [9] "the right to access common-law records is a qualified one."

FACEBOOK, INC. v. STATE OF NEW JERSEY IN RE THE APPLICATION OF THE STATE OF NEW JERSEY, ETC. (1527-CDW-21 AND 1311-CDW-21, ATLANTIC AND MERCER COUNTY AND STATEWIDE) (CONSOLIDATED) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Apr 4, 2022

"[I]t has been an established principle, at least since the Supreme Court's decision in Katz v. … "If the language leads to a clearly understood result, the judicial inquiry ends without any need to resort to extrinsic sources." Hudson, 209 N.J. at 529.

In Re City of Newark

346 N.J. Super. 460 · New Jersey Superior Court Appellate Division · Jan 14, 2002

But the constitutional and statutory rights to organize for the purpose of collective negotiations were not established for the ease and comfort of the judiciary. … Clearly, the Commission has no authority to override the Supreme Court's constitutional power.

Jason v. Showboat Hotel & Casino

329 N.J. Super. 295 · New Jersey Superior Court Appellate Division · Mar 28, 2000

Suffice it to say that an employer is entitled to promulgate its own disciplinary rules and procedures, and the record clearly establishes that plaintiff was afforded all of the procedural rights to which he was entitled … Addressing a claim of sex discrimination in promotion as a violation of the equal protection clause of the state constitution, our Supreme Court held in Peper that promotion of a "similarly situated" male over an equally qualified

THE FOUR FELDS, INC. VS. CITY OF ORANGE TOWNSHIP (L-7982-13, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 2, 2018

Under LTTEL, a "qualified subsidized housing project" can be exempted from taxation "for such period of time as the federal agency subsidizing the project may require as a condition of the subsidy" and the exemption can … Plaintiffs cited no evidence to suggest this provided immunity. Plaintiffs contend they were denied a "level playing" field.

In the Matter of the Estate of Agnieshka Burke

New Jersey Superior Court Appellate Division · Jun 29, 2026

In response, Jared maintained he met both definitions of spouse and surviving spouse as they appear in the will and contended Agnieshka clearly intended him to be the executor. … The party challenging the inclusion of an asset in the marital estate bears "'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'"

John Welsh v. Board of Trustees, Police and Firemen's

443 N.J. Super. 367 · New Jersey Superior Court Appellate Division · Jan 15, 2016

We begin by noting the well-established principles that guide our review. Our review of an administrative agency determination is limited. Mazza v. Bd. of Trs., 143 N.J. 22, 25 (1995). … Moreover, Welsh does not qualify for an exception under N.J.A.C. 17:1-2.18.

Amaru v. Stratton

209 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Oct 21, 1985

For example, Evid.R. 56(2) provides that: (2) A witness qualified pursuant to Rule 19 as an expert by knowledge, skill, experience, training or education may testify in the form of opinion or otherwise as to matters requiring … Juror number two was evidently able "to read, write, and understand the English language," and thus she satisfied the linguistic requirement established by our Legislature for qualification as a juror.

TR. OF CLIENTS'SEC. FUND v. Yucht

243 N.J. Super. 97 · New Jersey Superior Court Appellate Division · Jun 30, 1989

That position is clearly untenable. In Gallagher v. True American Publishing Co., 75 N.J. … The sales as well as the tax deeds and the subsequent conveyances, being valid and proper, are immune from attack.

State v. Russo

243 N.J. Super. 383 · New Jersey Superior Court Appellate Division · Aug 24, 1990

Defendant's other points are clearly without merit. See R. 2:11-3(e)(2). … Defendant's remaining claims of prosecutorial misconduct are clearly without merit. R. 2:11-3(e)(2).

PHILIP MARCHESANI VS. J.B. HUNT TRANSPORTATION, INC. (L-0330-14, BURLINGTON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 31, 2017

Defendants, in opposition, contend that Marchesani's failure to obtain a certification precludes him from establishing a prima facie case that he was qualified for the position. … I clearly tell them what they need.

Dcpp v. A.D. and J.D., in the Matter of the Guardianship of A.D.

New Jersey Superior Court Appellate Division · May 28, 2026

"Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate court intervene and make its own findings to ensure that there is not a denial of justice." N.J. … The evidence also demonstrates the parents undermined attempts to establish regular visits with the children due to their abusive and erratic behavior.

In the Matter of County of Atlantic and Pba Local 243 And

445 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 9, 2016

It hardly needs to be said that had the Legislature intended to limit salary growth in other areas not affected by the interest arbitration cap, it clearly could have done so. … Referring to its decision in Atlantic County, PERC added the following: "Given that the issue herein fails to qualify as a term and condition of employment it is not mandatorily

State v. Krivacska

341 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Apr 23, 2001

The truth or falsity of this allegation was never clearly established. Ohmott described an incident in 1990 when she noticed that Joey *17 and M.B. were in a bedroom with the door shut. … We are nevertheless satisfied that the trial judge properly exercised his discretion in determining that Witt was qualified to testify as an expert witness.

NJ Home Builders Ass'n v. Div. on Civil Rights

81 N.J. Super. 243 · New Jersey Superior Court Appellate Division · Nov 13, 1963

The existence of a claim, or the threat of a possible claim, disturbing the peace of the plaintiffs' freedom by casting doubt or uncertainty upon their rights or status, establishes the requisite condition of justiciability … It clearly does not violate the Thirteenth Amendment. Within its terms, there is no compulsion towards involuntary servitude or peonage.

Hill Homeowners Ass'n v. Garden State High Rise Corp.

149 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Apr 28, 1977

. ♦ ****»**# (d) [t]o lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and * * * to establish and revise the rents or charges therefor; to own … But the facts of that case, as disclosed in the brief, are clearly distinguishable.