Case law

ROSSI v. THE CITY OF TRENTON

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

the defense of qualified immunity. … To overcome qualified immunity, a plaintiff must plead facts sufficient to show that: (1) the official violated a statutory or constitutional right; and (2) “the right at issue was ‘clearly established’ at the time of defendant's

State v. LaBrutto

114 N.J. 187 · Supreme Court of New Jersey · Feb 16, 1989

Clearly, there was more than sufficient evidence to warrant defendant’s conviction. … A conviction will not be reversed unless the jury verdict clearly and convincingly constitutes a miscarriage of justice. See R. 2:10-1, 3:20-1. Evidence in this case establishes that there was no miscarriage of justice.

Schiavo v. John F. Kennedy Hosp.

258 N.J. Super. 380 · New Jersey Superior Court Appellate Division · Jul 17, 1992

Included in the Act were plans for the allocation of costs for uncompensated care; the establishment of a health care cost reduction fund and regulated health care services; the purchase of major equipment; the referral of … Provisions added by the amendment . .. will not be construed to apply to transactions and events completed prior to its enactment unless the legislature has expressed its intent to that effect or such intent is clearly implied

Ackerley v. Commercial Credit Co.

111 F. Supp. 92 · District Court, D. New Jersey · Apr 2, 1953

That these cases are to be confined to-situations where a question of sovereign, immunity is involved is clearly indicated, by further comments from Judge Frank,, who noted, “If the suit were between private persons, it might … Jeffers and is clearly barred by the statute of lim- • itations.

State v. Grumer

96 N.J.L. 424 · Supreme Court of New Jersey · Dec 20, 1921

So, it is manifest that all the essential elements of complete jurisdiction clearly appeared. … He made no request that a substituted copy should he produced and established by proof that it was a true copy of the original.

Interstate Wreck. Co. v. Palisades Interstate Pk. Comm.

57 N.J. 342 · Supreme Court of New Jersey · Jan 25, 1971

In that year the Palisades Interstate Park Commission was established by the compact as the "joint corporate municipal instrumentality of the States of New Jersey and New York" with appropriate provision for the transfer … While these provisions clearly support the administrative separations between the states in the Commission's operations they hardly serve to narrow the breadth of the sue and be sued clause. Cf. 109 N.J.

Irval Realty v. Bd. of Pub. Util. Commissioners

115 N.J. Super. 338 · New Jersey Superior Court Appellate Division · Jun 28, 1971

It is also clear that the right of the Governor, by executive order, and the Board, by regulation, to exclude public records from disclosure is implicitly qualified by N.J.S.A. 47:1A-1, which indicates that such exclusions … The fact that a utility company might not include in its reports speculative theories concerning such accidents is clearly outweighed by plaintiffs' right to be accorded substantial justice in the litigation of their claims

In Re Grand Jury Proceedings

503 F. Supp. 9 · District Court, D. New Jersey · Apr 25, 1980

And the privilege is “qualified” by the conditions of the rule. In modern terms, it might be called a “qualified immunity” from liability. … restrictions on the reporting of certain kinds of information for that purpose, 15 U.S.C. § 1681c, regulate the preparation and provide means for correction of “investigative” reports, § 1681d, require reporting agencies to establish

Ivan v. County of Middlesex

595 F. Supp. 2d 425 · District Court, D. New Jersey · Jan 21, 2009

A public official’s actions are protected by qualified immunity if he or she can show that the “offending” conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would … Andrews, 895 F.2d at 1479 (denying qualified immunity to city officials for sexual harassment on this ground).

Reilly v. Gillen

176 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Nov 25, 1980

Reports of judicial proceedings are subject to a qualified privilege. … "The qualified privilege affords protection only if there is no ill motive or malice in fact." Swede v. Passaic Daily News, supra at 332.

FLEMING-MARTINEZ v. NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY

District Court, D. New Jersey · Dec 22, 2022

the doctrine of qualified immunity. … 2) that the right was ‘clearly established’ at the time of the challenged conduct.”

Viscik v. Fowler Equipment Co., Inc.

173 N.J. 1 · Supreme Court of New Jersey · Mar 28, 2002

that (4) the employer sought to, or did fill the position with a similarly-qualified person. … This was a pretext case, not a reasonable accommodation case and the law clearly distinguishes between those theories.

Hawksby v. DePietro

165 N.J. 58 · Supreme Court of New Jersey · Jul 25, 2000

Clearly, a private doctor would be liable to [the employee] for malpractice. There is no logical reason to treat company physicians differently. … Because of the inherent difficulty of proving-negligence when the plaintiff is afflicted with a preexisting condition, the Court has continued to apply a lower burden-of-proof standard for plaintiffs to establish a prima

RAMIREZ v. SWSP CUSTODY OFFICERS

District Court, D. New Jersey · Mar 15, 2023

Qualified Immunity Defendant Powell argues that he is entitled to qualified immunity because “there is no clearly established right for an incarcerated … “[O]fficers are entitled to qualified immunity ... unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established

WV Pangborne & Co. v. NJ DOT.

226 N.J. Super. 367 · New Jersey Superior Court Appellate Division · Jul 13, 1988

The Attorney General's Task Force's Comment attached to the Act stated in full This bill waives the State's traditional sovereign immunity from suit in contract. … Clearly, in matters of express contract and contracts implied-in-fact, the State made its liability co-extensive with that of private parties.

Petak v. City of Paterson

291 N.J. Super. 234 · New Jersey Superior Court Appellate Division · Jun 13, 1996

In accordance with well established case law and NJSA 59:7-2b, we find the City of Paterson to be immune. Hence, Plaintiffs' motion for summary judgment against the defendant is denied. … Clearly, the statutory procedure for redemption of tax sale certificates is predicated on production of the original certificate.

Rochinsky v. State of NJ, Dept. of Transp.

110 N.J. 399 · Supreme Court of New Jersey · May 23, 1988

The discretionary nature of a municipality’s decision as to what snow to remove, when to remove it, and how to remove it is more clearly expressed in the earlier snow removal case of Amelchenko v. … The factual predicate for the immunities established in Amelchenko and Miehl was that the conditions at issue in those cases were such that the plaintiffs should have anticipated the hazard that caused the injury.

United Jersey Bank v. Wolosoff

196 N.J. Super. 553 · New Jersey Superior Court Appellate Division · Oct 22, 1984

The mere fact that Mulligan is an attorney and served as the bank's in-house counsel is clearly insufficient. … Rather, an in camera inspection by the court is clearly required. Accordingly, the Chancery Division's order is reversed.

Meehan v. Board of Excise Commissioners

75 N.J.L. 557 · Supreme Court of New Jersey · Mar 2, 1908

There is here no exclusive privilege, immunity or franchise. … The section is an exercise of the police power of the state, and unless it be clearly arbitrary or violative of the natural or property rights of the citizen it cannot be pronounced unconstitutional because of its discriminations

State v. Torres

183 N.J. 554 · Supreme Court of New Jersey · Jun 16, 2005

Seddens, 878 S.W.2d 89, 92-93 (Mo.Ct.App.1994) (noting gang expert properly qualified and testimony helpful to jury to establish motive for shooting was gang rivalry); State v. … Vazquez’s testimony concerning the operations and structure of the MS-13 gang was clearly beyond the ken of the average juror.