Case law

Allen v. Wyckoff

48 N.J.L. 90 · Supreme Court of New Jersey · Feb 15, 1886

It was there argued that a state law, which authorized a corporation to establish stock-yards and slaughter-houses in and near New Orleans, and prohibited all other persons from slaughtering cattle or keeping stock-yards … It is so clearly a provision for that race and that emergency, that a strong case Avould be necessary for its application to any other.” The same general view was again expressed by the court in Strauder v.

Knesz v. Central Jersey Bank & Trust Co.

188 N.J. Super. 391 · New Jersey Superior Court Appellate Division · Nov 24, 1982

collecting bank within this definition customarily relies on Article 4 of the Code dealing with bank deposits and collections, and more particularly on § 4-201, which provides in pertinent part that Unless a contrary intent clearly … establishment.

YOUNG v. CORTUNE

District Court, D. New Jersey · Jun 27, 2019

second prong of qualified immunity. … The Third Circuit recently addressed the “clearly established” prong in assessing qualified immunity. See Sauers v.

LE. L. v. BURLINGTON COUNTY

District Court, D. New Jersey · Oct 22, 2024

Qualified immunity shields state officials sued in their personal capacity for damages so long as their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would … But the constitutional right for purposes of qualified immunity must be defined at a much more specific level of generality “to determine ‘whether the violative nature of particular conduct is clearly established.’”

Rowe v. Hoffmann-La Roche Inc.

383 N.J. Super. 442 · New Jersey Superior Court Appellate Division · Feb 28, 2006

Comm., 140 N.J. 366, 378 , 658 A. 2d 1230 (1995) ("A *701 trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference."). … Clearly such a conflict exists here, for whether plaintiff's case withstands summary judgment depends upon which state's law applies.

Conover v. Guarantee Trust Co.

88 N.J. Eq. 450 · Supreme Court of New Jersey · Jul 24, 1917

It accordingly seems impossible to construe an immunity clause as intended to exempt a trustee from liability for transcending his powers as clearly defined by the trust agreement; his engagement is to exercise the powers … , and only the powers conferred upon him, and the appropriate office and purpose of an immunity clause forming a part of a trust agreement which specifically and clearly defines the trustee's powers appears to be to limit

Clark v. Jersey City

8 N.J. Super. 33 · New Jersey Superior Court Appellate Division · May 11, 1950

Under R.S. 54:5-53.1, the municipality's immunity from liability is clearly limited to that period of possession between the acquisition and recording of the tax sale certificate and entry of the final decree in the foreclosure … continues until the City has restored the property to the tax rolls; that "The *39 facts establish that there was no physical change with respect to the operation of the property by the City.

NJSR Surgical Center, L.L.C. v. Horizon Blue Cross Blue Shield of New Jersey, Inc.

979 F. Supp. 2d 513 · District Court, D. New Jersey · Oct 24, 2013

Compared to the CLA, the TCA less clearly suggests that state court jurisdiction is exclusive. The TCA does not contain the CLA’s initial admonition that the “courts ... of the state” shall have jurisdiction. … Supreme Court precedent, however, including the cases cited above, establishes that it incorporates a more general principle of sovereign immunity. .

State v. Scientific Coating Co.

228 N.J. Super. 320 · New Jersey Superior Court Appellate Division · Oct 21, 1988

N.J.S.A. 18A:72A-4a states that the New Jersey Educational Facilities Authority, "shall constitute a political subdivision of the state established as an instrumentality exercising public and essential government functions … The Supreme Court has stated, "[o]rdinarily the federal and state governments are immune from the operation of general statutes of limitations....

Bundy v. Sinopoli

243 N.J. Super. 563 · New Jersey Superior Court Appellate Division · Feb 21, 1990

It is an integral part of the utilization review plan required in order to *569 qualify under the Social Security Act and thus participate in federal and state funded programs. (Citations omitted.) … Obviously, it is impossible for the plaintiff to establish a particularized need for materials the content of which she has no knowledge.

Southern Jersey Family Medical Centers, Inc. v. City of Pleasantville

351 N.J. Super. 262 · New Jersey Superior Court Appellate Division · May 30, 2002

We do immunizations for children. If you are sick we take care of you." … We recognize that a decision of the Tax Court should not be disturbed unless its findings are clearly arbitrary or not grounded in substantial evidence. Van Wingerden v.

S v. v. Rwj Barnabas Health, Inc.

New Jersey Superior Court Appellate Division · Feb 28, 2025

She clearly was decompensated, required hospitalization. Upon discharge, that baseline was not achieved. .... Q. … Relatedly, the motions also sought dismissal of all defendants due to the failure of plaintiff to establish a causal link between any professional negligence and the crash.

State v. Zurawski

89 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Dec 21, 1965

Ct. 1902), in these words: "* * * the sale of intoxicating liquor at retail `is not one of the privileges or immunities of citizenship protected by the United States Constitution or the Fourteenth amendment thereto,' but … App. 1950), the seizure of evidence used to convict a tavern licensee for operating a horse race gambling establishment in the premises was validated on the same basis of express consent to search.

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.

BANDA v. CORNIEL

District Court, D. New Jersey · Feb 4, 2021

to qualified immunity. … Consequently, Defendants have failed to meet their burden of establishing qualified immunity. Thomas v.

WITT v. CITY OF VINELAND

District Court, D. New Jersey · Apr 30, 2024

Defendants also argue that they are entitled to qualified immunity as to Plaintiff's claim. … “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

Blazer Corp. v. NJ Sports & Exposition Auth.

195 N.J. Super. 542 · New Jersey Superior Court Appellate Division · Feb 28, 1984

Second, if it were said to apply to "public entities" then not only public authorities, but also every county and municipality with the power to sue and be sued would be excluded, clearly an absured result and an unreasonable … As a matter of logic, if passage of time cannot be considered in defense, as plaintiff asserts, the defense of laches could not have been established, since time is an essential element of that defense.

State v. Battle

256 N.J. Super. 268 · New Jersey Superior Court Appellate Division · May 12, 1992

This argument is clearly without merit and does not require discussion. R. 2:11-3(e)(2). … Hence, a disorderly persons offense qualifies as a prior conviction. State v. Kates, 185 N.J. Super. 226, 227-28 , 447 A. 2d 1367 (Law Div. 1982).

St. John the Baptist Greek Catholic Church v. Gengor

121 N.J. Eq. 349 · Supreme Court of New Jersey · Jan 5, 1937

While paragraph 6 conditions the validity of its proceedings and secular transactions upon the approval “of a majority of all the members of such corporation,” the trustees, qualified as in the act prescribed, constitute, … strict, literal interpretation, it is radically deficient, at least in so far as it is applicable to the existing corporation, in that it fails to condition the surrender of the society’s ancient rights, privileges and immunities

Tilton v. Brombacher

232 N.J. Super. 374 · New Jersey Superior Court Appellate Division · Mar 17, 1989

Defendant, while denying the factual scenario, has argued that tavern-owner liability, as established in Rappaport v. … This statute clearly shows the intent of the Legislature concerning package store liability.