Case law

Campagna v. American Cyanamid Co.

337 N.J. Super. 530 · New Jersey Superior Court Appellate Division · Mar 5, 2001

To induce immunity, an OPV utilizes attenuated or weakened poliovirus to mildly infect the person vaccinated. Ibid. … Ibid. *1000 Defendant's OPV, Orimune OPV, is a trivalent vaccine that provides immunity against all three types of polio.

Pilkington v. BALLY'S PARK PLACE

370 N.J. Super. 140 · New Jersey Superior Court Appellate Division · Oct 15, 2003

We concluded that such an assertion constituted a response from the employer, once a prima facie case was established, and did not go to the question whether plaintiff was qualified. … The Third Circuit held that the district court was not clearly erroneous in finding the plaintiff qualified, even though she did not have the terminal degree which was one of three objective criteria for promotion listed

Siriotis v. Gramuglia

254 N.J. Super. 223 · New Jersey Superior Court Appellate Division · Sep 25, 1991

Tancer's medical report clearly indicates that the "mere parroting" of the Threshold Statute was not conducted. … Ledeoux, 146 A.D. 2d 764 , 537 N.Y.S.2d 72 (1989), the Court outlined what is necessary to establish a prima facie case establishing a "serious injury".

Republican Committee v. Mayor of Garwood

140 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Mar 23, 1976

Jones was clearly in possession of the office of councilman at the time that the borough council attempted to appoint Renaud. His authority to occupy that office is found in N. J. S. … A. 40:87-9, Avhich provides in pertinent part: The couneilmeu shall hold office for three years and until their successors shall have qualified.

Baker v. National State Bank

312 N.J. Super. 268 · New Jersey Superior Court Appellate Division · Jun 2, 1998

Noting that an employer may decide for itself which employees are better qualified, the court said: “Nevertheless, a plaintiff can take his case to a jury with evidence that he was clearly better qualified than younger employees … The poor performance of Shannon and Castillo after plaintiffs’ terminations was part of plaintiffs’ proof that plaintiffs were clearly better qualified.

Lawrence v. Westfield Trust Company

1 N.J. Super. 423 · New Jersey Superior Court Appellate Division · Nov 8, 1948

The substituted administrators qualified as trustees and are administering the estate in that capacity. … This gift comes clearly within the principles enunciated by Vice-Chancellor Jayne in Simpkins v. Simpkins, 131 N.J.

Western Electric Company v. Traphagen

166 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Feb 27, 1979

The provision is thus clearly distinguishable from other federal enactments which quite clearly, and in traditional language, express the intent to insulate benefit payments from the reach of creditors. … We are reluctant to attribute to Congress an intent to preserve a bankrupt's obligation of support from a discharge in bankruptcy while immunizing private pension funds of wholly solvent pensioners from such obligations.

Siena v. Grand Lodge, Etc., Order Sons of Italy

11 N.J. Super. 507 · New Jersey Superior Court Appellate Division · Feb 6, 1951

It is realized that an immunity from the rule or principle arises where property rights are implicated and it is manifest that a resort to the remedies afforded by the association would be futile, illusory, or vain. … However, unless the application is clearly justified, the mandatory judgment does violence to the settled and well-established principles of law governing all such cases.

Catto v. Schnepp

121 N.J. Super. 506 · New Jersey Superior Court Appellate Division · Feb 3, 1972

Furthermore, we entertain considerable doubt whether the evidence adduced by plaintiffs established a chain of causation between plaintiff's injury and conduct on the part of the Township or the County. … We observe that the photographs in the appendix show quite clearly the nature of the curve of the highway, the extent of the grade and dip in the road.

Marinelli v. Mitts & Merrill

303 N.J. Super. 61 · New Jersey Superior Court Appellate Division · Jul 3, 1997

The actions of Whitehall in this case fall far short of those in Calderon and are clearly outside of the standards established in Millison. … Society far Establishing Useful Mfrs., 2 N.J. 136 , 65 A.2d 833 (1949)). In Cummings v.

M.G. v. J.C.

254 N.J. Super. 470 · New Jersey Superior Court Appellate Division · Aug 27, 1991

Moreover, the court found that given the criminal nature of the statute, it must be strictly construed so as to avoid “ensnaring behavior that is not clearly proscribed” (at 809) Following the Simpson line of reasoning was … Given the fact that compensatory damages may be difficult to define, a shorthand liquidated damage claim is also established (N.J.S.A. 2A:156A-24).

Paulino v. Ramirez

311 N.J. Super. 420 · New Jersey Superior Court Appellate Division · Jan 9, 1998

The Plaintiff has certified without documentation that Defendant has been diagnosed with Acquired Immune Deficiency Syndrome (AIDS), and fears that he may expire within the month. … Anything less would reek of inequity and clearly never pass constitutional muster.

In re the Civil Commitment of G.A.

309 N.J. Super. 152 · New Jersey Superior Court Appellate Division · Feb 17, 1998

Thus, it is clearly within a prosecutor’s power to initiate an involuntary commitment proceeding in the interest of public safety *159 and subject a released inmate to a psychiatric evaluation. … The use immunity concept, restricting the use of inculpatory statements made during a psychiatric examination, is well established. State v.

NJ Sports & Exposition Auth. v. McCrane

119 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Nov 15, 1971

The conveyance of land envisioned in the act clearly meets the trust qualifications. … The Legislature alone may determine the duties and the interrelation of the public posts it establishes or authorizes to be established.

Essex Cty. Welfare Div. v. Harris

189 N.J. Super. 479 · New Jersey Superior Court Appellate Division · May 9, 1983

And see L. 1983, c. 17, § 14, recognizing the scientific reliability of specific genetic testing, including the HLA test, in affirmatively establishing paternity. … NOTES [1] While the question of the retrospectivity of L. 1983, c. 17, is not directly before us, it is clearly a question which will be implicated on the remand.

Avallone v. Avallone

275 N.J. Super. 575 · New Jersey Superior Court Appellate Division · Aug 15, 1994

Avallone, his former spouse, pursuant to the provisions of an amended Qualified Domestic Relations Order ("QDRO"). … Finally, we reiterate the principle enunciated in Landwehr, supra, that `the burden of establishing ... immunity [from equitable distribution] as to any particular asset will rest upon the spouse who asserts it.'

ANTHONY PACE, SR. VS. TOWNSHIP OF NUTLEY(L-5518-13, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 12, 2017

violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" … "The dispositive point in determining whether a right is clearly established is whether a reasonable officer in the same situation clearly would understand that his actions were unlawful."

Sedore v. Recorder Pub. Co.

315 N.J. Super. 137 · New Jersey Superior Court Appellate Division · Sep 17, 1998

It was clearly erroneous for the trial court to have based its ruling on the need to make that determination. … be adequate to overcome the qualified privileges which defendants are entitled to claim.

Cooper v. Mayor

299 N.J. Super. 174 · New Jersey Superior Court Appellate Division · Mar 13, 1997

All plaintiffs qualify as “Department Heads.” … See N.J.S.A. 59:13-3 (providing that “[t]he State of New Jersey ... waives its sovereign immunity from liability arising out of ... a contract implied in fact”).

Perlberg v. Geminder

20 N.J. Super. 191 · New Jersey Superior Court Appellate Division · Jun 11, 1952

There is nothing beyond his own claim to ten years' experience as an executive to sustain his contention that he qualified as an expert. … The qualifications of experts are left to the discretion of the court, and its decision is conclusive unless clearly *197 shown to be erroneous as a matter of law. Rempfer v.