Case law

Baltuskonis v. City of Wildwood

440 N.J. Super. 600 · New Jersey Superior Court Appellate Division · Feb 18, 2015

Indeed, as already noted, the Court has recognized that municipal budgets are statutorily immune from the referendum process. [City of Ocean City v. … Both provisions working together focus on the overall budget process, which is generally immune from referendum action.

NJ ST. LEAGUE OF MUN. v. State

257 N.J. Super. 509 · New Jersey Superior Court Appellate Division · Jun 29, 1992

This public-policy goal is clearly valid as to condo owners who reside in their units. … Further, there is clearly a difference in legal status between condo or similar ownership and apartment ownership. See Drew, 122 N.J. at 267 , 584 A. 2d 807 .

MACK-CALI REALTY CORP. VS. STATE OF NEW JERSEY (L-4903-18, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 16, 2021

"Only a statute 'clearly repugnant to the constitution' will be declared void." Secaucus, 133 N.J. at 492–93 (quoting Newark Superior Officers, 98 N.J. at 222–23). … "[D]isadvantaged New Jersey residents have no claim under the Privileges and Immunities Clause." United Bldg. & Constr. Trades Council v.

Underwood v. Atlantic City Racing Ass'n

295 N.J. Super. 335 · New Jersey Superior Court Appellate Division · Nov 27, 1996

It was his opinion that "the shadow immediately adjacent to the rail is clearly visible on the videotape and was a contributing factor in the accident of Sidney Underwood, as it appears that the horse ... did not wish to … "Prior decisions on legal issues should be followed unless there is substantially different evidence at a subsequent trial, new controlling authority, or the prior decision was clearly erroneous."

C.W. v. Roselle Board of Education

New Jersey Superior Court Appellate Division · Jan 15, 2026

Clearly, the parties and courts properly adhered to the statute enacted more than fifty years ago. … The Legislature also narrowed the scope of A-2236-23 18 substantive immunity under the TCA, so that immunity

American Dream, Inc. v. Township of Franklin

130 N.J. Super. 546 · New Jersey Superior Court Appellate Division · Oct 29, 1974

A. 54:5-17, “Liens and Outstanding certificates of tax sale not shown by search’; persons protected, immunizes only purchasers, lessees and mortgagees. Since N. J. S. … Reliance on it is misplaced, that case being clearly inapposite. There the exempted party was a “mortgagee in good faith” — an interest “real.”

Lewis v. Read

80 N.J. Super. 148 · New Jersey Superior Court Appellate Division · Jun 26, 1963

Div. 1960), stated at page 111, that "the plaintiff ordinarily is required to establish that the defendant's treatment or care fell below the standard established and recognized by the medical profession for the indicated … While numerical superiority in qualified experts advancing competent testimony aids in establishing one's case, nevertheless the preponderance of the believable testimony as to the underlying facts is the criterion, not the

Domurat v. Ciba Specialty Chemicals Corp.

353 N.J. Super. 74 · New Jersey Superior Court Appellate Division · Jul 5, 2002

The burdens of proof and persuasion are well established for LAD cases: New Jersey courts have traditionally sought guidance from the substantive and procedural standards established under federal law. … The establishment of the prima facie case gives rise to a presumption of discrimination.

LONG BRANCH DIVISION, ETC. v. Cowan

119 N.J. Super. 306 · New Jersey Superior Court Appellate Division · May 30, 1972

However, such immunity is not completely unbridled; it must be exercised in a reasonable fashion so as not to arbitrarily override all important legitimate local interest. Rutgers v. Piluso, supra, at 153. … Although the complaint does not specifically charge that the Department acted unreasonably or arbitrarily, the above-quoted language clearly implies such conduct and sets forth a colorable claim thereof.

Prudential Insurance Co. of America v. Guttenberg Rent Control Board

220 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Sep 2, 1987

The trial judge found that the above quoted section demonstrated a clearly articulated legislative intent that, as reported 1983 income, the lump sum had to be considered in establishing eligibility for protected treatment … Rather, the Legislature has clearly articulated its intention, but omitted express consideration of the present problem.

Irval Realty v. Bd. of Pub. Util. Commissioners

115 N.J. Super. 338 · New Jersey Superior Court Appellate Division · Jun 28, 1971

It is also clear that the right of the Governor, by executive order, and the Board, by regulation, to exclude public records from disclosure is implicitly qualified by N.J.S.A. 47:1A-1, which indicates that such exclusions … The fact that a utility company might not include in its reports speculative theories concerning such accidents is clearly outweighed by plaintiffs' right to be accorded substantial justice in the litigation of their claims

Schiavo v. John F. Kennedy Hosp.

258 N.J. Super. 380 · New Jersey Superior Court Appellate Division · Jul 17, 1992

Included in the Act were plans for the allocation of costs for uncompensated care; the establishment of a health care cost reduction fund and regulated health care services; the purchase of major equipment; the referral of … Provisions added by the amendment . .. will not be construed to apply to transactions and events completed prior to its enactment unless the legislature has expressed its intent to that effect or such intent is clearly implied

Allstate Insurance v. Orthopedic Evaluations, Inc.

300 N.J. Super. 510 · New Jersey Superior Court Appellate Division · May 2, 1997

The facts in this case clearly bear that out. The claim has never been made by Allstate, nor is it made by OEI, that these mobile facilities render any type of medical treatment. … The boss, the person who operates it clearly is Mr. Brettler. I mean, he makes no bones about it, he runs the operation. Dr.

WV Pangborne & Co. v. NJ DOT.

226 N.J. Super. 367 · New Jersey Superior Court Appellate Division · Jul 13, 1988

The Attorney General's Task Force's Comment attached to the Act stated in full This bill waives the State's traditional sovereign immunity from suit in contract. … Clearly, in matters of express contract and contracts implied-in-fact, the State made its liability co-extensive with that of private parties.

Reilly v. Gillen

176 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Nov 25, 1980

Reports of judicial proceedings are subject to a qualified privilege. … "The qualified privilege affords protection only if there is no ill motive or malice in fact." Swede v. Passaic Daily News, supra at 332.

Calabrese v. Policemen's Benevolent Ass'n, Local No. 76, Inc.

157 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Feb 21, 1978

Furthermore, when a properly qualified physician was improperly excluded from membership in a society for which he was qualified, mandamus was held to be the proper remedy. Falcone v. Middlesex Cty. … However, that right is qualified in numerous respects by our public laws, and it is similarly qualified in respect to its exercise in the course of one’s participation in the activities of private associations.

United Jersey Bank v. Wolosoff

196 N.J. Super. 553 · New Jersey Superior Court Appellate Division · Oct 22, 1984

The mere fact that Mulligan is an attorney and served as the bank's in-house counsel is clearly insufficient. … Rather, an in camera inspection by the court is clearly required. Accordingly, the Chancery Division's order is reversed.

Shackil v. Lederle Laboratories

219 N.J. Super. 601 · New Jersey Superior Court Appellate Division · Aug 12, 1987

See e.g., National Swine Flu Immunization Program of 1976, Pub.L. No. 94-380, 90 Stat. 1113 (1976). … However, when a bird was flushed, both defendants fired, even though plaintiff was directly in the line of fire and clearly visible.

State v. Lamoreaux

20 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Jun 10, 1952

The expression of immunity in this particular class of cases would seem to give rise to the implication of the exclusion of immunity in all other classes. … An observance of the course pursued by this defendant is of primary significance in its relation to the attitude of the established principles of double jeopardy.

State v. South

136 N.J. Super. 402 · New Jersey Superior Court Appellate Division · Oct 14, 1975

expert. [1] *407 We are in accord with the principle that the trial judge must make a finding that the examiner is qualified and the test administered in accordance with established polygraph techniques before the results … Grapel before such stipulation is entered into, in accordance with well-established polygraph techniques. It is further understood by George South and his counsel, Christian J.