Case law

Parker v. Fidelity Union Trust Company

2 N.J. Super. 362 · New Jersey Superior Court Appellate Division · Nov 17, 1944

The bill alleges that "The Christian Science Church has been established in the western part of Freehold and the Executors have paid six hundred dollars, or sixty per cent. of the one thousand dollar legacy." … The gift of the corpus of this trust is to a corporate trustee, capable of accepting, and qualified to administer it.

State of New Jersey v. Jeff S. Banatte

New Jersey Superior Court Appellate Division · Dec 2, 2024

The record establishes that at the N.J.R.E. 104 hearing, L.B. asserted her Fifth Amendment privilege not to testify. … [O]n the [m]itigating side on that, [s]even clearly applies. He has no prior record.

Jeanna Mack v. Board of Trustees, Public Employees' Retirement System

New Jersey Superior Court Appellate Division · Jul 29, 2024

In opposition, the Board presented John Boozan, who was qualified as an expert in the field of ophthalmology. … "Essentially, a qualified member who is permanently disabled for any reason will qualify for ordinary disability." Patterson v. Bd. of Trs., State Police Ret. Sys., 194 N.J. 29, 42 (2008).

Dial v. CITY OF CLIFTON CONST. APP. BD.

218 N.J. Super. 74 · New Jersey Superior Court Appellate Division · Jun 5, 1987

Concerns about frustrating the goals of the Act through such avoidances should be addressed to the Legislature which is uniquely qualified to weigh the rights and concerns of all interested parties and to make an informed … practical difficulty, the enforcing agency may grant exceptions from the specific requirements of the standards and specifications required by this act or permit the use of other methods or materials, but only when it is clearly

STATE OF NEW JERSEY VS. MARCUS J. COVINGTON (17-09-0163, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 20, 2021

Here, the facts are clearly distinguishable as Muraglia's references to "transactions" were made within a different contextual setting. … by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the application of the guidelines to the facts of [the] 9 Defendant does not dispute that he qualified

SUNDIATA ACOLI VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD)

New Jersey Superior Court Appellate Division · Dec 27, 2019

On this more developed record, we conclude the Board applied the correct law, the record contains substantial credible evidence to support its findings, and there is no basis to determine that the Board clearly erred in … Indeed, the statute requires that they be "qualified persons with training or experience in law, sociology, criminal justice, juvenile justice or related branches of the social sciences."

Higgins v. Pascack Valley Hospital

307 N.J. Super. 277 · New Jersey Superior Court Appellate Division · Jan 14, 1998

Was it because she wasn’t qualified to do her job? No. Had they ever had any problems with Ms. Higgins? No. Was she always there when she was called to a job? … The judge, then, clearly thought that the hospital had, in effect, whitewashed the investigation, thus tying itself to the employee’s misdeeds.

PIERS VAUGHAN VS. PAUL SIEGEL (DJ-048972-12, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 24, 2018

An abuse of discretion occurs when a decision is "made without a rational explanation, inexplicably depart[s] from established policies, or rest[s] on an impermissible basis." U.S. Bank Nat'l Bank Ass'n v. … We next address defendant's argument the statute of limitations on plaintiff's claim has expired, and that plaintiff was not qualified to seek unpaid wages. We reject both contentions.

Commercial Can Corp. v. STEEL METAL, ETC.

61 N.J. Super. 369 · New Jersey Superior Court Appellate Division · May 12, 1960

The restraining order recites that the cited statutory provisions "do not apply" because the record does not "establish that [a] labor dispute exists between the plaintiff and the defendants." … But just as the Norris-La Guardia Act operates to qualify a plenary federal jurisdiction in such cases, so is the effect of our Anti-Injunction Act to govern the exercise of our state equity jurisdiction.

CHARLES KANE VS. PUBLIC SERVICE ELECTRIC & GAS (L-1292-15, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 31, 2019

Binetti placing plaintiff on medical leave in September 2014, a decision with which plaintiff's own psychologist concurred and thus one clearly not actionable. … Accordingly, we do not see how PSE&G placing plaintiff on medical leave could possibly qualify as retaliatory under the statute.

DCPP v. M.M. AND V.B., IN THE MATTER OF THE GUARDIANSHIP OF K.M.N., Z.B., ZA.B., L.B., ZAR.B., AND Z.U.B.

New Jersey Superior Court Appellate Division · Jun 19, 2019

The incident was investigated and established as to the father's neglect, but the Division did not remove the children at that time. … We certainly recognize the well-established objective of achieving the children's permanency.

Dcpp v. P.A.A. and R.S., in the Matter of the Guardianship of F.A.A.

New Jersey Superior Court Appellate Division · May 19, 2025

Stilwell, who was qualified as an expert in psychology in relation to parenting and bonding, recommended termination of parental rights. … Super. at 438-39 (affirming an order terminating a mother's parental rights to her son because the expert medical testimony clearly established the mother's lengthy history of mental illness prevented her from raising her

State v. Cooper

410 N.J. Super. 43 · New Jersey Superior Court Appellate Division · Sep 3, 2009

It is well known that to establish a claim of ineffective assistance of counsel, defendant must prove two elements. … She believed Michals was not qualified as an expert in FAS based on his training. Contradicting Michals' testimony, Hegarty stated that defendant's records supported a diagnosis of fetal alcohol syndrome or effects.

L.H. v. P.H.

New Jersey Superior Court Appellate Division · Apr 3, 2024

Peter's actions towards Andy cannot establish the predicate act of harassment to Lisa. … If the party does not qualify as a "victim of domestic violence" under the PDVA, he or she cannot seek relief under the act. J.D., 207 N.J. at 473.

STATE OF NEW JERSEY VS. KERI J. BARRY (11-04-0406, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Jul 19, 2019

The State thereafter sought from the Office of the Attorney General an immunity petition on behalf of defendant's father. … We disregard only those findings that "are clearly mistaken." State v. Hubbard, 222 N.J. 249, 262 (2015).

STATE OF NEW JERSEY VS. KEVIN KELLY (18-06-0552, CUMBERLAND COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 6, 2020

"An anonymous tip, standing alone, is rarely sufficient to establish a reasonable articulable suspicion of criminal activity." … Given that the BB gun found in defendant's possession qualified as a handgun and he does not contest he was previously convicted of a qualifying predicate offense, we find no basis to vacate defendant's conviction as a

State v. NI

349 N.J. Super. 299 · New Jersey Superior Court Appellate Division · Mar 14, 2002

The definitional weight clearly suggests permanent relinquishment. [2] Indeed, every dictionary makes clear that forsake is synonymous with abandonment. … We also note that the use of willfully to qualify both forsaking in N.J.S.A. 9:6-1 and abandoned in N.J.S.A. 9:6-8.21 emphasizes the permanency associated with forsaking and further supports our definition of that term as

In re the Commissioner of Insurance's

252 N.J. Super. 260 · New Jersey Superior Court Appellate Division · Nov 19, 1991

Its principal purpose was to assure access to automobile insurance at standard market rates to qualified persons who could not otherwise obtain insurance. N.J.S.A. 17:30E-2. … Although he does not argue that he has that authority, it is useful to rule clearly that he does not. We defer to reasonable exercises of administrative agency expertise. Henry v.

Communications Workers v. Christie

413 N.J. Super. 229 · New Jersey Superior Court Appellate Division · May 7, 2010

The statute establishes the Public Employment Relations Commission ("PERC"), an agency which has the authority and duty to "make policy and establish rules and regulations concerning employer-employee relations in public … The Legislature clearly knew how to define and include labor organizations when it wanted them encompassed by the campaign contribution laws.

NIKON, INC. v. SIMON DOUEK (DJ-123295-16, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 27, 2022

The Bankruptcy Court held (i) the settlement agreement clearly was between defendant and the trustee and those parties could not and did not in that … A-0286-21 8 interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference").