Case law

Borough of Englewood Cliffs v. Thomas J. Trautner

New Jersey Superior Court Appellate Division · Apr 22, 2024

Lastly, the P.M. court found that because the FLS does not clearly extinguish our State's "modern thought" that sovereign "immunity exists unless expressly waived by the Legislature," id. at 92 (citing N.J.S.A. 59:1-2), … If the Legislature intended to afford immunity to public entities, it would have clearly stated so.

Rivera v. Fortunato

285 N.J. Super. 168 · New Jersey Superior Court Appellate Division · Jul 12, 1995

Rather, he argues that qualified persons injured in hit-and-run accidents who are eligible for PIP benefits must also demonstrate that the injuries they sustained satisfy the requirements of the verbal threshold established … that application of the verbal threshold to such qualified persons is clearly implied from the terms of the Fund Law.

ROGER C. GATES VS. COUNTY OF PASSAIC (L-2925-17, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 8, 2021

Vineland Bd. of Educ., 144 N.J. 84, 111 (1996) (explaining that a public entity did not meet its burden of establishing design or plan immunity for its drainage system because, although it pled the defense in its answer … However, the record establishes that it was given a limited opportunity to impeach on that issue.

Jersey City v. Dept. of Civil Service

57 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Jul 15, 1959

The introductory paragraphs clearly show that the ordinance was not designed merely as a framework of classification for positions subsequently to be established, but was to be the means of putting into effect the Civil Service … They seek to establish an enlightened and efficient personnel system in government, assuring the taxpayers of the services of a body of employees advancing on the basis of merit and seniority, and immune from political vicissitudes

Booth v. Township of Winslow

193 N.J. Super. 637 · New Jersey Superior Court Appellate Division · Mar 15, 1984

We agree that ordinarily a municipality, as a creature of the state, itself "has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator." Williams v. … Accordingly, in 1976 the Legislature adopted N.J.S.A. 40A:14-123.1a, which authorized municipalities to establish preference classes for initial appointment to the police force and permitted them to exhaust the class of local

Tac v. New Jersey Dep. of Environmental Protection

408 N.J. Super. 117 · New Jersey Superior Court Appellate Division · Jul 1, 2009

Thus, to qualify as an "innocent party," an IPG applicant must satisfy the following statutory criteria: A person qualifies for an innocent party grant if that person acquired the property prior to December 31, 1983, the … We are mindful that administrative regulations enjoy a presumption of validity and should be upheld unless clearly ultra vires on their face. N.J. Ass'n of Health Care Facilities v.

Kenney v. Scientific, Inc.

204 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Apr 3, 1985

The underlying purpose of the legislation was to "re-establish immunity for all governmental bodies within its definition of `public entity.'" Burg v. State, 147 N.J. Super. 316, 320 (App. Div. 1977); English v. … Whether this allegation seeks to establish strict liability or negligence per se, it must fail. Plaintiffs have failed to spell out clearly exactly what federal or State laws the generators have violated.

In re Police Chief

266 N.J. Super. 101 · New Jersey Superior Court Appellate Division · Jul 21, 1993

The general policy described by the Division of County and Municipal Government Services is clearly rule-making. … The Civil Service Act establishes the Department of Personnel.

MARC ZITTER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (L-2202-17, ATLANTIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 12, 2022

"Objective reasonableness will be established if the actor's conduct did not violate a clearly established constitutional or statutory right." N.E. for J.V. v. State Dep't of Child. and Fams., Div. of Youth & Fam. … Finally, plaintiff obtained a full and fair adjudication of the issue of qualified immunity in federal court.

Willis v. Ashby

353 N.J. Super. 104 · New Jersey Superior Court Appellate Division · Jul 9, 2002

The exception to this principle of liability applies where the employee is entitled to any of the TCA's immunities. N.J.S.A. 59:3-1(b) and (c). No such immunity attaches to the acts of treating physicians. … II Plaintiffs argue that the motion judge wrongly ruled they had failed as a matter of law to establish their claim to pain-and-suffering damages under N.J.S.A. 59:9-2(d).

Camden Bd. of Educ. v. McGreevey

369 N.J. Super. 592 · New Jersey Superior Court Appellate Division · Jun 9, 2004

The party challenging a statute as unconstitutional must "demonstrate clearly that it violates a constitutional provision." Ibid. … If a hearing establishes that the district "has failed to take or is unable to take the corrective actions necessary to establish a thorough and efficient system of education, the commissioner shall recommend" that the State

Honorable Dana L. Redd v. Vance Bowman

433 N.J. Super. 178 · New Jersey Superior Court Appellate Division · Oct 29, 2013

"That sampling clearly establishes that the Legislature has determined, on multiple occasions, those municipal matters that should not be called before the voters in a referendum." … The burden is on the party seeking to defeat the Faulkner Act to clearly establish the existence of a contrary legislative intent.

State v. Zamorsky

159 N.J. Super. 273 · New Jersey Superior Court Appellate Division · May 3, 1978

We are confident that this child had sufficient moral responsibility to qualify as a witness. … The brief in interrogation clearly was limited to the child's qualification to be a witness. The most that was established was her understanding of the duty to tell the truth. This accorded with Evid.

State v. Fort

197 N.J. Super. 113 · New Jersey Superior Court Appellate Division · Oct 25, 1984

We find all of these contentions are clearly without merit. R. 2:11-3(e)(2). Defendant Muhammed further contends that his sentence represents an abuse of discretion. We find this contention is clearly without merit. … As modified, the sentences comply with the guidelines established in State v. Roth, 95 N.J. 334 (1984) and State v. Hodge, 95 N.J. 369 (1984). As modified, the judgments of conviction are affirmed.

Rogotzki v. Schept

91 N.J. Super. 135 · New Jersey Superior Court Appellate Division · Apr 28, 1966

Super. 318 (1956), clearly indicated that the broadest possible latitude should be accorded pretrial discovery. … No. 34 would appear to call for a conclusion, but it is one which a qualified surgeon could make by mere observation.

Kelly v. Gwinnell

190 N.J. Super. 320 · New Jersey Superior Court Appellate Division · Jun 29, 1983

This expansion of tort liability was abrogated by the California legislature which conferred immunity upon the social host. … In Coulter , the court clearly and unequivocally held that a civil common law cause of action existed against social hosts for furnishing intoxicating liquors to obviously intoxicated persons.

Owens v. Feigin

394 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Jun 21, 2007

Defendant emphasizes the “waive immunities” language, but the TCA notice requirement is not an immunity. … Ct. 71, 596 N.E.2d 376, 379-81 (1992), the court held that the Massachusetts CRA did not waive the state’s sovereign immunity as established by its TCA.

Thigpen v. City of East Orange

408 N.J. Super. 331 · New Jersey Superior Court Appellate Division · Jul 29, 2009

A fair reading of those admissions establishes only that DeHerde assumed enumerated duties, formerly performed by Lt. Hayes, following Hayes's illness and retirement. … A further difficulty arises as the result of the judge's failure to clearly instruct the jury that a two-step analysis was required to determine whether DeHerde was a de facto officer.

Patrolmen's Benev. Ass'n v. East Brunswick Tp.

180 N.J. Super. 68 · New Jersey Superior Court Appellate Division · Jul 23, 1981

Additionally, the establishment of two separate lists for qualified male and female candidates did not constitute an unlawful or discriminatory practice contrary to N.J.S.A. 10:5-4 and N.J.S.A. 10:5-12(a). … The testing procedures established by the township in 1980 as a result of the complaint filed by the Division of Civil Rights achieved an important governmental objective — the establishment of a larger pool of qualified,

Crawn v. Campo

266 N.J. Super. 599 · New Jersey Superior Court Appellate Division · Jul 30, 1993

We reject as clearly without merit Campo's cross-appeal contention that Crawn's cause of action should have been dismissed *602 because of his failure to present expert testimony. R. 2:11-3(e)(1)(E). See Butler v. … assumption of risk, "an alternate expression for the proposition that defendant was not negligent, i.e., either owed no duty or did not breach the duty owed," and "secondary" assumption of risk, "an affirmative defense to an established