Case law

Karczewski v. Nowicki

188 N.J. Super. 355 · New Jersey Superior Court Appellate Division · Nov 24, 1982

N.J.S.A. 59:8-8, which establishes a notice requirement, is part of the Tort Claims Act which, according to N.J.S.A. 59:14-4, took effect on July 1, 1972. … The subject of the liability and immunity of public employees is the exclusive province of *361 N.J.S.A. 59:3-1 through N.J.S.A. 59:3-14.

Pinkowski v. Township of Montclair

299 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Apr 7, 1997

Thus, the Pinkowskis argue, the judge erred in according Montclair immunity. … In addition, “not every impairment of value establishes a taking.” Washington Market Enterprises v. Trenton, supra, 68 N.J. at 116 , 343 A.2d 408 .

Mastice v. Interstate Industrial Corp.

270 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Feb 8, 1994

Establishing tort liability is an inherently uncertain process. See Eger v. E.I. Du Pont DeNemours Co., supra, 110 N.J. at 143 , 539 A.2d 1213 . … Establishing damages in a wrongful death action of a minor is an equally uncertain process. See Simmel v. New Jersey Coop Co., 28 N.J. 1, 14 , 143 A.2d 521 (1958); Botta v.

Salzano v. North Jersey Media Group Inc.

201 N.J. 500 · Supreme Court of New Jersey · May 11, 2010

Our courts have alternatively characterized the fair-report privilege as absolute, qualified, and a hybrid of the two. … Although the truth or falsity of the information reported on may later be established, it is not the focus of the fair-report privilege.

Monarch Entertainment Bureau, Inc. v. New Jersey Highway Authority

715 F. Supp. 1290 · District Court, D. New Jersey · Jun 27, 1989

The Authority is established as a “body corporate and politic, with corporate succession.” N.J.S.A. sec. 27:12B-4 (West Supp.1988). … The Court ruled that this provision clearly satisfied the clear articulation requirement because they made anticompetitive restraints “foreseeable.” ... the statutes clearly contemplate that a city may engage in anticompetitive

Thomason v. Norman E. Lehrer, P.C.

183 F.R.D. 161 · District Court, D. New Jersey · Oct 27, 1998

Indeed, Rule 8(a) of the *168 Federal Rules of Civil Procedure clearly describes what must be contained in “Claims for Relief.” 4 Accordingly, I find that the counterclaims asserted by Lehrer against Thomason qualify for … Since Baglini, by its terms, is limited to claims for abuse of process, it is clearly inapposite to Thomason's remaining state law claims.

ECKERT v. ATLANTIC COUNTY JUSTICE FACILITY

District Court, D. New Jersey · Jan 23, 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 constitutional … Plaintiff's claim was thus clearly established, and Defendants are not entitled to qualified immunity on Plaintiff's excessive force claims.

Eden v. Conrail

175 N.J. Super. 263 · New Jersey Superior Court Appellate Division · Jul 18, 1980

We believe the factual situation inherent in the railroad platform qualifies for application of the exceptional rule. … The Comparative Negligence Act cannot be construed as a legislative intent to repeal N.J.S.A. 48:12-152 because earlier case law interpreting the railroad immunity statute clearly establishes that it was not based upon the

George v. Siemens Industrial Automation, Inc.

182 F.R.D. 134 · District Court, D. New Jersey · Aug 26, 1998

Finally, the qualified immunity enjoyed by the work product doctrine can be overcome upon a showing of substantial need and undue hardship. 4 Sporck v. … If this material were work product, it would be considered "ordinary" work product and therefore would be afforded only a qualified immunity- .

Boyle v. Breme

93 N.J. 569 · Supreme Court of New Jersey · Jul 14, 1983

That duty may oblige them to decline to perform acts required by their employers. [ Id. at 71 ] Justice Pollock's opinion clearly indicated that the independence of the medical profession and the duties that its members owe … *574 the public could not be overriden by an employer directive that contravened public policy and conflicted with established medical practice.

Branch v. Dairy

459 N.J. Super. 529 · New Jersey Superior Court Appellate Division · Jun 19, 2019

After the parties exchanged some written discovery, on August 4, 2017, defendant moved for summary judgment on the grounds that it was immunized from liability under the good-faith defense. … Because the good-faith defense provides a total bar on liability for violations of the WHL, it clearly operates as an exemption to the WHL's requirements.

Ervin v. Beyer

716 F. Supp. 163 · District Court, D. New Jersey · Jul 24, 1989

However, the trial court clearly noted that the intent of the court was to impose a total fifteen year parole disqualifier. … “The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.” Bozza v.

MCCARTHY v. CITY OF HACKENSACK

District Court, D. New Jersey · Mar 4, 2025

C, Qualified Immunity Defendants Guidetti, Antista, and Knapp (the “Individual Defendants”) assert a qualified immunity defense.® “Qualified immunity ‘shields. governmental officials from suit and from liability … F.4th 184, 188 Gd Cir, 2024), The Individual Defendants bear the burden of establishing their entitlement to qualified immunity, Halsey v.

State v. Mellick

25 N.J.L. 563 · Supreme Court of New Jersey · Jun 15, 1856

enacts, that the town shall be entitled "to its just proportion of the- ’ school fund of the state, to be applied by the common coun cij in.the.manner prescribed by law. . , v At the time this charter was granted, thé act to establish … Minton, Ib. 529, that the provisions of a special charter will not be repealed or modified'by a general act, unless it clearly appears that *565 such was.the intention of the legislature.

Passaic National Bank, C., Co. v. Eelman

116 N.J.L. 279 · Supreme Court of New Jersey · Mar 3, 1936

Moreover, assuming the inapplicability of this act, these accruing pension installments are clearly “income” within the intendment of the supplementary execution statute. … While it would seem that the immunity of official salary to garnishment still obtains where the amount is less than $18 per week (Oetjen v.

Delaware, Lackawanna & Western Railroad v. Hardy

59 N.J.L. 35 · Supreme Court of New Jersey · Jun 15, 1896

To establish the immunity of the master, two things must appear—-first, that the person injured .and the person doing the injury were his seiwants, and second, that they were both at the time engaged in labor for him ■tending … Justice Eeed clearly indicates that, in his view, the evidence established the co-service of Ewan and the engineer, and in that opinion I concur.

United States v. Zirpolo

288 F. Supp. 993 · District Court, D. New Jersey · Aug 1, 1968

the immunity. … However, the Bins case, supra, is clearly distinguishable from the facts at bar.

ALLAN B. BRAGGIN v. BOROUGH OF RAMSEY (L-6101-18, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 6, 2022

The judge further addressed whether Mayor Dillon and Forbes were entitled to qualified immunity. … To determine if qualified immunity applies, we consider whether: (1) plaintiff's constitutional rights violated; and (2) "was the constitutional right being violated clearly established at the time so that any reasonable

RODRIGUES v. MAIN

District Court, D. New Jersey · May 31, 2023

An award of qualified immunity protects a government official from civil liability and suit “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “The second prong of the qualified- immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Jd. at 656.

Wall v. Hudson County Park Commission

80 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Sep 17, 1963

Had it intended to do so, it would *379 have clearly so stated, especially where, as here, it was promulgating an “explicit legislative declaration of public policy.” Schwartz v. Stockton, supra, 32 N. J., at p. 148. … immunity, as a “body politic, with power to sue and be sued, use a common seal and adopt by-laws to regulate its proceedings” (R.