Case law

Yakima Chavers, Etc. v. State of New Jersey

New Jersey Superior Court Appellate Division · Oct 17, 2025

The TCA waives the State's sovereign immunity but does so with certain requirements and limitations. … We view the court's finding on the issue of prejudice as harmless, however, as it is unrelated to is accrual decision and thus clearly dicta.

Desilets Ex Rel. Desilets v. Clearview Bd. of Educ.

266 N.J. Super. 531 · New Jersey Superior Court Appellate Division · Jul 29, 1993

However, the policy was qualified in that the Board believed that students of different ages and maturities differed in their ability to handle these rights and responsibilities. … Clearly, the answer depends upon the level of the child's maturity and the parents' moral code regarding such issues.

DANELE STILL VS. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF CAMDEN, CAMDEN COUNTY (NEW JERSEY COMMISSIONER OF EDUCATION)

New Jersey Superior Court Appellate Division · Jul 5, 2018

An employee must clearly prove the right to tenure. Canfield v. Bd. of Educ., 51 N.J. 400 (1968). Tenure laws should be liberally construed in light of their remedial purpose. Spiewak v. … It is well established that waiver is a "voluntary and intentional relinquishment of a known right" evidenced by a clear, unequivocal and decisive act from which an intention to relinquish the right

State of New Jersey v. G.N.W.

New Jersey Superior Court Appellate Division · Oct 9, 2024

"As a matter of fundamental fairness, excessive delay in completing a prosecution may qualify as a violation of a defendant's constitutional right to a speedy trial." Ibid. (citing State v. Farrell, 320 N.J. … Furthermore, it is well established that longer delays may "be tolerated for serious offenses or complex prosecutions." Cahill, 213 N.J. at 266.

Misani v. Ortho Pharmaceutical Corp.

83 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 11, 1964

This was error, and we regard it as clearly prejudicial to plaintiff. … We hold defendants' proofs clearly did create such an issue for the jury.

STATE OF NEW JERSEY VS. JAYSON MARQUEZ (18-07-1604, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 5, 2021

The trial court found "the aggravating factors clearly[,] convincingly and substantially outweigh the mitigating factors." … The trial judge conducted sentencing on May 6, 2019, and concluded defendant qualified for an extended term due to his prior convictions.

IN THE MATTER OF ALEGENORIA SIMPSON (NEW JERSEY CIVIL SERVICE COMMISSION)

New Jersey Superior Court Appellate Division · Jul 14, 2020

veteran preference because he did not serve during a qualifying period. … Simpson argues that the City submitted a letter from a human resources manager to establish the reasons for its promotional actions.

River Edge Police Sergeant C.E.W. v. Borough of River Edge

New Jersey Superior Court Appellate Division · Aug 5, 2025

Plaintiff believed that "writing [Naprstek] clearly reveal[ed] that the age of the candidates and the thought of how long the promoted candidate would stay in the REPD before retiring was on the minds of members of the … To establish a prima facie case, a plaintiff asserting a claim of discrimination based on a failure to promote must establish they: (1) are a member of a class protected by the LAD; (2) are "qualified for the position .

Girard Trust Co. v. Schmitz

129 N.J. Eq. 444 · New Jersey Superior Court Appellate Division · May 6, 1941

The English courts, in particular, have been troubled with the notion of applying any principle of public policy which cannot be clearly defined." … "In my judgment, such a condition is clearly a condition contrary to public policy.

VICTOR CAMPOS VS. MIGUEL CRUZ (L-3602-15, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 12, 2018

Comm. of Manalapan, 140 N.J. 366, 378 (1995) ("A trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference."). … The statute grants absolute immunity to employers from common law negligence suits by employees. Cellucci v.

S.T. VS. 1515 BROAD STREET, LLC VS. VIRGINIA GLASS PRODUCTS (L-1651-10, ESSEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED)

455 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Aug 6, 2018

See, e.g., N.J.S.A. 3B:12-24.1(b); R. 4:86-1(a). 9 A-5525-13T2  The use of the qualifier "alleged" to the use of the term … As noted above, by a ruling that empowers the GAL to make the decision(s), it must be established by clear and convincing evidence that the person is mentally incapable of making the decision(s) needed in the

Goods v. Lackawanna Leather Co.s.

96 N.J. Super. 439 · New Jersey Superior Court Appellate Division · Jul 27, 1967

Inc., which established a plant in Newark. Herman B. Good was president and general manager. Robert's son, Donald S. … In order to qualify as a sale of substantially all of the property and assets within the contemplation of the statute, the sale *456 must be one out of the ordinary course of business and tantamount to the winding up of a

MERCER COUNTY CHILDREN'S MEDICAL DAYCARE, LLC VS. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES)

New Jersey Superior Court Appellate Division · Aug 8, 2019

For the two who received none, after the first year at the center, they clearly were ineligible. … For the three others, after a year without treatment, they also clearly ceased to be eligible.

P.T. v. M.S.

325 N.J. Super. 193 · New Jersey Superior Court Appellate Division · Oct 21, 1999

On the one hand, there are clearly cases of imagined or even fabricated charges against a parent, especially when raised during the pendency of divorce proceedings. … In this case, the trial judge stated that M.S.’s attitude was clearly the chief obstacle to reunification. He also found that M.S.

State of New Jersey v. M.M.

New Jersey Superior Court Appellate Division · Mar 13, 2024

at 4; see also N.J.S.A. 2C:4-8(b)(3) (establishing preponderance of the evidence standard of proof). … Thus, the record clearly established defendant remains a danger to himself and others given his continued need for substance abuse counseling and the high risk that he would act extremely violently if he used drugs in

STATE OF NEW JERSEY VS. M.J.M. (07-08-1970, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Feb 27, 2019

The court then qualified her to testify as an expert in female genital anatomy. … In any event, it does not "clearly appear[] that there was a miscarriage of justice under the law." R. 2:10-1.

388 ROUTE 22 READINGTON REALTY HOLDINGS, LLC v. TOWNSHIP OF READINGTON (L-0751-10, HUNTERDON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 8, 2022

Here, the nature of the substantive right at issue – a property right – is clearly identifiable. … Each of the factors established in Harz is satisfied here.

In the Matter of the Civil Commitment of J.R.

New Jersey Superior Court Appellate Division · Nov 12, 2025

The SVPA establishes three requisites for commitment. … According to J.R., "rather than being clearly convinced that J.R. will reoffend if released, the [c]ourt instead found it wasn't clearly convinced that he won't reoffend if released."

Christine Sullivan v. Dr. Asit Shah, M.D. ph.D.

New Jersey Superior Court Appellate Division · Jan 16, 2025

Rule 4:24-1(c) provides that discovery can be extended after a trial date has been established only upon a showing of "exceptional circumstances." … A-3131-22 16  Plaintiff has not established any of these elements.

IN RE: ACCUTANE LITIGATION (MCL-271, ATLANTIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 17, 2020

A-4952-16T1 5 resolution was not clearly foreshadowed." … The authors observed that even though "these results may be due to chance given the small number of IBD cases, the anti-inflammatory and immune-modulating effects of isotretinoin may be worth exploring."