Case law

In Re Lennon

294 N.J. Super. 303 · New Jersey Superior Court Appellate Division · May 23, 1996

The sole issue for Medicaid eligibility purposes is who established the trust. … Clearly, a third party trust fits this definition. However, an individual's own proceeds from a judgment/settlement that are transferred into a trust do not.

Lina M. Ramirez v. Care One LLC

New Jersey Superior Court Appellate Division · Nov 25, 2024

The Immunity Statute provides: (a) The Legislature finds and declares: This statement of legislative intent is made to establish clearly our intent because of the lack of committee … This statement shall be made an official part of the record in establishing this Legislature's intent.

Garden St. Comm. Hsp. v. State Bd. of Med. Exam

147 N.J. Super. 592 · New Jersey Superior Court Appellate Division · Mar 14, 1977

(c) A duly qualified surgeon, duly qualified assistant physician, and duly qualified resident shall be determined by the hospital credentials committee in conjunction with the chairman or chief of the appropriate department … Clearly, the quoted provision does not authorize or sanction any of the designated persons to act as a first assistant surgeon in the performance of major surgery.

Feder v. Bankers Nat. Life Ins. Co.

100 N.J. Super. 458 · New Jersey Superior Court Appellate Division · Apr 25, 1968

That result clearly contravenes the Reinstatement clause requirement that all overdue premiums shall have been paid upon reinstatement (with interest). … It could not reasonably be found on this state of facts that there was an intentional surrender by the company of a known immunity on the policy.

Kraivanger v. Radburn Ass'n

335 N.J. Super. 169 · New Jersey Superior Court Appellate Division · Nov 21, 2000

The respondent, Radburn Association, is a non-profit corporation established in 1929 to administer certain restrictive covenants running with property located within the community. … The one-day’s pay for participation in the training program was clearly some consideration, and was regarded as such by respondent when it required petitioner to file employment documents, including a W-4 form.

FERNANDO A. PORTES VS. EILEEN MARKENSTEIN (L-1335-18, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 22, 2020

Legg argued that as a municipal prosecutor, he was entitled to qualified immunity for his actions in prosecuting plaintiff for contempt of the no-contact order. … The mere allegation of racial discrimination by [p]laintiff is not supported by evidence, and so it cannot be said [Legg] violated a clearly established statutory or constitutional

Lumbermen's Mutual Casualty Co. v. UNITED SERV. AUTO. ASS'N

218 N.J. Super. 492 · New Jersey Superior Court Appellate Division · Jul 1, 1987

Kiev established several Club Nautilus centers. The investors set up individual corporations for each operation, and Dr. Kiev was made president of each. … Clearly, emotional trauma can be as disabling to the body as a visible physical wound.

State v. Kadelak

280 N.J. Super. 349 · New Jersey Superior Court Appellate Division · Mar 23, 1995

This law permitted the Director of DMV to license and supervise qualified private garages as Re-Inspection Centers (RICs) on a trial basis. … However, the empirical data for the years 1989, 1990 and 1991 clearly demonstrate that the need for roadside inspections is substantial.

State v. Lee

188 N.J. Super. 432 · New Jersey Superior Court Appellate Division · Dec 16, 1982

Michael O’Donovan was qualified as an expert on weapons and gave his opinion that the taped scissors were useless for their traditional purpose and in the taped condition became a “stiletto.” … Thus, the judge clearly charged the jury as to the required statutory elements making up an offense under N.J. S.A. 2C:39-5(d).

State v. Campisi

42 N.J. Super. 138 · New Jersey Superior Court Appellate Division · Oct 11, 1956

The rule is well established that the qualifications of experts are left to the discretion of the trial court, and its decision is conclusive unless clearly shown to be erroneous as a matter of law. Rempfer v. … , but by one who qualifies as a skilled witness.

Gulrajaney v. Petricha

381 N.J. Super. 241 · New Jersey Superior Court Appellate Division · Nov 14, 2005

Therefore, actual malice was not established. … Judge D'Italia properly concluded that the qualified privilege applied to these defendants and that they did not abuse it.

Sanducci v. City of Hoboken

315 N.J. Super. 475 · New Jersey Superior Court Appellate Division · Sep 29, 1998

Ray, 386 U.S. 547 , 87 S.Ct. 1213 , 18 L.Ed. 2d 288 (1967), the Court recognized that an official could defend against a section 1983 action by asserting a defense of qualified immunity. … The record clearly indicates that an "on call" judge was telephoned and that bail was set immediately.

State v. Frey

194 N.J. Super. 326 · New Jersey Superior Court Appellate Division · Jun 14, 1984

The record does not establish that Investigator Coleman possessed the requisite qualifications to give an opinion that there was evidence of recent intercourse. … This contention is clearly without merit. R. 2:11-3(e)(2). Finally, we decline to address defendant's contention of excessiveness of the sentence in view of our disposition.

State v. Pennington

301 N.J. Super. 213 · New Jersey Superior Court Appellate Division · May 22, 1997

These first-degree kidnapping convictions were established by minimal facts necessary to establish the element of restraint: proof that defendant tied up the victims in order to insure his getaway. … In effect, he has been sentenced just as if his offense and record qualified him as the most serious repeat offender.

Foust v. Glaser

340 N.J. Super. 312 · New Jersey Superior Court Appellate Division · May 8, 2001

If consistent with the law, such an award "will not be disturbed unless it is `manifestly unreasonable, arbitrary, or clearly contrary to reason or to other evidence, or the result of whim or caprice.'" Raynor v. … We are thus satisfied that the present record establishes that, as of the time of the order appealed from, factors under Newburgh, supra, remained to be sufficiently addressed.

Mohamad Khodair, Etc. v. Llanfair House Care & Rehabilitation Center

New Jersey Superior Court Appellate Division · Jun 6, 2025

See N.J.S.A. 2A:31-3 (establishing two-year limitations period for WDA claims); N.J.S.A. 2A:15-3 (establishing two-year limitations period for SA claims, with exceptions not applicable here); N.J.S.A. 2A:14-2 (providing … The court concluded plaintiff alleged insufficient facts to establish gross negligence or any of the other exceptions to immunity.

State v. Patton

256 N.J. Super. 413 · New Jersey Superior Court Appellate Division · May 19, 1992

IV On defendant’s Law Division appeal, the judge acknowledged that N.J.S.A. 2C:35-10c “clearly compels a person to furnish incriminating evidence in violation of the Fifth Amendment.” … In Marchetti , the United States Supreme Court rejected a similar invitation to engraft use immunity to the federal wager *422 ing tax statutes.

Greenberg v. Camden County Vocational & Technical Schools

310 N.J. Super. 189 · New Jersey Superior Court Appellate Division · May 6, 1998

To establish a prima facie case under LAD, a plaintiff must show: (1) that she is a member of a class protected by the anti-discrimination law; (2) that she was qualified for the position or rank sought; (3) that she was … The argument on behalf of the defendant is that she was considered not qualified.

In Re Napp Technologies, Inc. Litigation

338 N.J. Super. 176 · New Jersey Superior Court Appellate Division · Oct 4, 2000

However, the privilege is qualified, not absolute. … Since H & R has not established a community "with the goals and concerns that underlie the journalist's privilege," it may not successfully invoke it. *283 IV H & R is not entitled to assert the qualified First Amendment

T.M. v. R.M.W.

456 N.J. Super. 446 · New Jersey Superior Court Appellate Division · Sep 28, 2017

While one date is clearly insufficient, S.K. , 426 N.J. … Likewise, pain caused by repeated strikes qualifies as bodily injury. State ex rel. T.S. , 413 N.J. Super. 540 , 543, 997 A.2d 233 (App. Div. 2010).