Case law

JAMES v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES

District Court, D. New Jersey · Sep 28, 2020

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.

Zoller v. State Board of Tax Appeals

124 N.J.L. 376 · Supreme Court of New Jersey · Mar 20, 1940

Zoller qualified as the executrix therein named. A decree barring creditors, effective January 7th, 1938 (B. 8. 3:25-3), was entered. … That bare circumstance falls far short of establishing a valid transfer of the stocks as required by our “Uniform Stock Transfer law.” R. S. 14:8-27 (a) and (b).

Matter of Skevin

104 N.J. 476 · Supreme Court of New Jersey · Nov 14, 1986

In re Fleischer, 102 N.J. 440, 447 (1986) (while poor accounting does not establish a *486 knowing misappropriation, poor accounting is not a Wilson defense if evidence indicates knowing misappropriation). … R. 1:20 — 11(b); In re Hearing on Immunity For Ethics Complainants, 96 N.J. 669 (1984).

Hake v. Manchester Township

98 N.J. 302 · Supreme Court of New Jersey · Jan 22, 1985

sufficient knowledge to qualify as an expert. … Immunity is the dominant consideration of the act. See N.J.S.A. 59:2-1 comment. Plaintiffs rely on Estelle v.

Underwood v. Atlantic City Racing Ass'n

295 N.J. Super. 335 · New Jersey Superior Court Appellate Division · Nov 27, 1996

It was his opinion that "the shadow immediately adjacent to the rail is clearly visible on the videotape and was a contributing factor in the accident of Sidney Underwood, as it appears that the horse ... did not wish to … "Prior decisions on legal issues should be followed unless there is substantially different evidence at a subsequent trial, new controlling authority, or the prior decision was clearly erroneous."

In Re the Estate of Jackson

79 N.J. 517 · Supreme Court of New Jersey · May 11, 1979

However, section 4(a) on its face clearly would subject an infant’s tort recovery to its repayment provisions as it has been so construed administratively and judicially. … To the extent that any such expenses are identified and established, an appropriate portion of Lisa’s funds should be segregated for that purpose and rendered immune from the Welfare Board’s claim.

McKinley v. Skyline Corp.

900 F. Supp. 2d 408 · District Court, D. New Jersey · Sep 26, 2012

Moreover, the Foster Affidavit establishes that Skyline was not involved in placing the kitchen chair at issue into the line of commerce. (Id. ¶ C5.) … However, the parties here are clearly proceeding under the assumption that Skyline’s motion seeks judg *412 ment on the claims Plaintiffs asserted in the amended complaint, and no party has raised an objection to the Court

C.W. v. Roselle Board of Education

New Jersey Superior Court Appellate Division · Jan 15, 2026

Clearly, the parties and courts properly adhered to the statute enacted more than fifty years ago. … The Legislature also narrowed the scope of A-2236-23 18 substantive immunity under the TCA, so that immunity

Lewis v. Read

80 N.J. Super. 148 · New Jersey Superior Court Appellate Division · Jun 26, 1963

Div. 1960), stated at page 111, that "the plaintiff ordinarily is required to establish that the defendant's treatment or care fell below the standard established and recognized by the medical profession for the indicated … While numerical superiority in qualified experts advancing competent testimony aids in establishing one's case, nevertheless the preponderance of the believable testimony as to the underlying facts is the criterion, not the

Matreale v. State of New Jersey Department of Military & Veterans Affairs

418 F. Supp. 2d 603 · District Court, D. New Jersey · Mar 8, 2006

The non-moving party may not rest on its pleadings to oppose a summary judgment motion but must affirmatively come forward with admissible evidence establishing a genuine issue of fact. Celotex Corp. v. … It is beyond the competence of this Court to determine whether an Guardsman is qualified to be promoted to a higher rank, and outside its proper role to intrude upon the day to day operation of the military chain of command

Delaware River and Bay Auth. v. INTERNATIONAL ORG. ETC.

45 N.J. 138 · Supreme Court of New Jersey · Jun 28, 1965

Article 1, par. 19 of the Constitution clearly recognizes the distinction between public and private employees. … The Authority here is an agency of the State and its activities clearly involve a proper exercise of governmental functions.

LONG BRANCH DIVISION, ETC. v. Cowan

119 N.J. Super. 306 · New Jersey Superior Court Appellate Division · May 30, 1972

However, such immunity is not completely unbridled; it must be exercised in a reasonable fashion so as not to arbitrarily override all important legitimate local interest. Rutgers v. Piluso, supra, at 153. … Although the complaint does not specifically charge that the Department acted unreasonably or arbitrarily, the above-quoted language clearly implies such conduct and sets forth a colorable claim thereof.

Prudential Insurance Co. of America v. Guttenberg Rent Control Board

220 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Sep 2, 1987

The trial judge found that the above quoted section demonstrated a clearly articulated legislative intent that, as reported 1983 income, the lump sum had to be considered in establishing eligibility for protected treatment … Rather, the Legislature has clearly articulated its intention, but omitted express consideration of the present problem.

Domurat v. Ciba Specialty Chemicals Corp.

353 N.J. Super. 74 · New Jersey Superior Court Appellate Division · Jul 5, 2002

The burdens of proof and persuasion are well established for LAD cases: New Jersey courts have traditionally sought guidance from the substantive and procedural standards established under federal law. … The establishment of the prima facie case gives rise to a presumption of discrimination.

MULLIN v. THE STATE OF NEW JERSEY

District Court, D. New Jersey · May 31, 2019

or statutory rights and (2) that the rights violated were clearly established. … As an initial matter, with regard to the second prong of the qualified immunity analysis, there is no dispute that the right at issue is clearly established.

Catena v. Seidl

68 N.J. 224 · Supreme Court of New Jersey · Aug 19, 1975

Having failed to establish clearly and convincingly that continued imprisonment has lost its coercive import, Catena should not be freed. I would reverse. Justice Mountain joins in this dissent. … The plaintiff places great stress on the argument that the trial judge’s findings should not be disturbed unless clearly mistaken. *234 State v. Johnson, 42 N. J. 146 (1964).

NIEMIERA BY NIEMIERA v. Schnieder

114 N.J. 550 · Supreme Court of New Jersey · Apr 13, 1989

In his view, “it needed to be spelled out more clearly, *557 then one would have to say, this could cause a real problem in the brain and nervous system, and these are things you must watch.” … Rothman, supra, 110 N.J. 204 , established that the standard of informed consent related to the patient's needs, not the physician’s judgment.

Fruit Industries, Ltd. v. Metro Glass Bottle Co.

18 F. Supp. 489 · District Court, D. New Jersey · Mar 5, 1937

Plaintiff contends that by reason of the fact that the defendants are qualified to *492 do business in New Jersey and have nominated registered agents for the acceptance of processes within the state, under section 97 of … -This clearly means the place where the defendant actually -conducts his traffic and actually functions as a business concern.

May v. West Jersey & Seashore Railroad

62 N.J.L. 67 · Supreme Court of New Jersey · Jun 13, 1898

There was no evidence that he was qualified, or would be qualified during his minority, for any more remunerative occupation. … The conclusion reached is that the verdict is clearly excessive.

McLendon v. Continental Group, Inc.

749 F. Supp. 582 · District Court, D. New Jersey · Jun 7, 1989

Indeed, they clearly aided in establishing or maintaining the cap line. Therefore, it is conceivable that Mr. … It was even necessary to lay off a small number who had already qualified — a result clearly contemplated by the plan.