Case law
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791 F. Supp. 1029 · District Court, D. New Jersey · Feb 19, 1991
But clearly the occurrence of an emergency will not invoke the immunity, if it was the doctor’s duty to respond to the emergency.” Clayton v. Kelly, 183 Ga.App. 45, 47 , 357 S.E.2d 865 (1987). … The Ninth Circuit stated that such reliance upon Lee was misplaced because the Good Samaritan statute had been amended in Alaska, changing the qualifying actor from “a person who, without expecting compensation, renders care
Cited 1 timesPublishedIn re Long Branch Manufactured Gas Plant
388 N.J. Super. 254 · New Jersey Superior Court Appellate Division · May 16, 2005
It was clearly relevant to the litigation, which revolved around the payment of benefits to striking employees. Ibid. … Ibid. 14 In this regard, H & R claimed that, because it regularly distributed information to the public, it qualified as a member of the news media. Ibid.
Cited 0 timesPublishedWhitfield v. Bonanno Real Estate Group, Tryon Management Corp.
419 N.J. Super. 547 · New Jersey Superior Court Appellate Division · May 12, 2011
Whether each joint venturer can be deemed the employer of all the employees engaged in the work of the joint enterprise must clearly depend on the particular facts and circumstances surrounding the joint venture. … We concluded, however, that the plaintiff had failed to establish a prima facie case of negligence against the defendant, and therefore affirmed the dismissal of his complaint which “mootfed] resolution of the employment
Cited 9 timesPublished212 N.J. 479 · Supreme Court of New Jersey · Dec 7, 2012
GIANNINI having been ordered to show cause why he should not be disbarred or otherwise disciplined; And the Court having considered respondent’s arguments and having fully reviewed the record established in the proceedings … Township Committee of Middletown, we again stated clearly and unequivocally that “[t]he litigation privilege does not immunize an attorney from disciplinary sanctions under the New Jersey Rules of Professional Conduct.” 185
Cited 0 timesPublishedNew Jersey Superior Court Appellate Division · Nov 21, 2019
The law on qualified immunity is established as well. Whether an officer is entitled to qualified immunity is a question of law for the court to decide . Morillo v. Torres, 222 N.J. 104, 119 (2015). … If the right was not clearly established at the time, the inquiry ends there, and the officer is entitled to qualified immunity.
Cited 0 timesUnpublishedPETERSON v. CITY OF JERSEY CITY
District Court, D. New Jersey · Jul 31, 2025
To determine whether qualified immunity applies, a court must consider whether the plaintiff has alleged a violation of a constitutional right and whether that right “was clearly established at the time of the alleged misconduct … Defendants argue that Plaintiff has not established a prima facie violation of a clearly established right by Saheed because Plaintiff was “accident[ally] hit by the vehicle” and “there is no evidence showing that Saheed
Cited 0 timesUnknown114 N.J.L. 540 · Supreme Court of New Jersey · Apr 4, 1935
The question is not so much as to Grosso’s title as touching that of McGlynn; for if he was lawfully appointed and qualified, that disposes of any claim on the part of Gro'sso. … As he was immune to attack until that date, it may be that either resolution, or both, could have been challenged by certiorari. No such challenge seems to have been made.
Cited 6 timesPublishedJANE DOE VS. RICHARD BURKE (L-0389-18, SUSSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 17, 2021
The trial court concluded that both were entitled to the defense of qualified immunity because it found the communication to the press did not violate clearly established rights. … clearly established statutory or constitutional rights of which a reasonable person would have known.'"
Cited 0 timesUnpublished239 N.J. Super. 312 · New Jersey Superior Court Appellate Division · Mar 12, 1990
Plaintiff now alleges that the court's ruling which precluded him from asking the witness whether the by-law established the standard for the staff's practice of medicine was error. … This ruling was clearly correct. McComish v. DeSoi, 42 N.J. 274, 281 , 200 A. 2d 116 (1964); Ruth v. Fenchel, 21 N.J. 171, 176 , 121 A. 2d 373 (1956).
Cited 20 timesPublishedDistrict Court, D. New Jersey · Sep 21, 2023
Scutari is not entitled to qualified immunity, however, because the FAC adequately alleges that Scutari’s conduct violated Plaintiff’s constitutional rights, which were clearly established at the time when the alleged injuries … The Third Circuit has made clear that “qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”
Cited 0 timesUnknownDistrict Court, D. New Jersey · Mar 26, 2025
Qualified Immunity The doctrine of qualified immunity “shields officials from civil liability insofar as their conduct does not violate clearly established statutory or constitutional … Defendants also asserted they are entitled to qualified immunity on this claim.
Cited 0 timesUnknown330 F. Supp. 3d 975 · District Court, D. New Jersey · Jul 27, 2018
that the Department was entitled to sovereign immunity. … State authority to regulate natural gas prices is well established.
Cited 14 timesPublishedLOUIS v. STATE OF NEW JERSEY DEPARTMENT OF TREASURY
District Court, D. New Jersey · Jun 16, 2023
constitutional right is clearly established.” … While absolute immunity applies, the Court will also address qualified immunity.
Cited 0 timesUnknownA & B AUTO STORES v. City of Newark
106 N.J. Super. 491 · New Jersey Superior Court Appellate Division · Jun 25, 1969
regard to the effect of the statute and the immunity law existing at the time of its adoption. … In Amelchenko, supra, Justice Francis pointed out some of the reasons for the continuation of immunity in snow removal cases as follows: "Moreover, when a street department is established, obviously the governing body determines
Cited 5 timesPublished40 N.J. Super. 247 · New Jersey Superior Court Appellate Division · May 16, 1956
which can support but one of the kind, although he expects *267 and intends to ruin a deserving widow who is established there already. … The case seems to us clearly to have been one, in effect, of expulsion rather than exclusion. But the appellate court reversed a judgment for plaintiff.
Cited 30 timesPublishedDistrict Court, D. New Jersey · Jul 31, 2024
Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.
Cited 0 timesUnknownVictoria Crisitello v. St. Theresa School 085213)
Supreme Court of New Jersey · Aug 14, 2023
fact concerning the defendant’s status for immunity. … her termination, defendant sought similarly qualified individuals for that job.
Cited 0 timesPublished313 N.J. Super. 561 · New Jersey Superior Court Appellate Division · Jun 29, 1998
In so arguing, K.D. relies on the “contempt” references in the order to show cause and sentencing sheet, insisting that they conclusively establish that Judge Bozarth found K.D. guilty of a newly charged criminal offense … Whether that be labelled a contempt proceeding (as Judge Holston assumed for motion purposes), or instead a resentencing under the municipal-court statute (N.J.S.A. 2B:12-23), Judge Bozarth clearly had general subject matter
Cited 28 timesPublishedEnsey v. Government Employers Insurance
92 F. Supp. 3d 253 · District Court, D. New Jersey · Mar 17, 2015
Even if depositions and document requests show that Defendant’s website did not satisfy the statutory requirements for immunity, such evidence would not establish a mutual mistake or a unilateral mistake and fraudulent conduct … Yet, while the statutory notice issues Plaintiff raises certainly go to Defendant’s immunity argument, they do not alone establish her right to reformation.
Cited 2 timesPublishedDistrict Court, D. New Jersey · May 24, 2024
“The doctrine of qualified immunity shields government officials who perform discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … right clearly established at the time of the alleged violation.
Cited 0 timesUnknown
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