Case law

Lawson v. Davis

116 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Oct 21, 1971

It was established at the hearing that some 32 of the signatures were of persons not registered voters, or were not genuine or were otherwise questionable, leaving some 238 unquestionably qualified signatures. … We believe the statute, properly construed (giving effect also to In re Smith, supra ) means that each petition (or sheet if separately circulated) should contain an affidavit or affidavits clearly signifying which signatory

State v. Hudson

209 N.J. 513 · Supreme Court of New Jersey · Feb 6, 2012

The construction given to the qualifying “so far as possible” language does not render the qualifier superfluous. … Thus, the qualifying wording has substance and applicability without giving the qualifier so broad a sweep that the clear and plainly included proscription is reduced to a mere preference to be considered in unguided fashion

In Re Gun Permits of Preis

118 N.J. 564 · Supreme Court of New Jersey · May 8, 1990

One whose life is in real danger, as evidenced by serious threats or earlier attacks, may perhaps qualify within the latter category but one whose concern is with the safety of his property, protectible by other means, clearly … may not so qualify. [7d at 557, 284 A.2d 533 .]

Hunter v. Supreme Court of New Jersey

951 F. Supp. 1161 · District Court, D. New Jersey · Aug 27, 1996

The ACJC is a court committee established by court rule. Rule 2:15-1. … Absolute Judicial Immunity Defendants also argue that plaintiffs claims are barred by the doctrine of absolute judicial immunity. The doctrine of judicial immunity is well-established.

Gold Mills, Inc. v. Orbit Processing Corp.

121 N.J. Super. 370 · New Jersey Superior Court Appellate Division · Nov 15, 1972

The depositions establish a minimal factual basis for negligent performance by D'Elia in order to withstand a motion for summary judgment. … For plaintiff to succeed on a contract theory it must qualify as a third-party beneficiary under the common law rules as codified by N.J.S.A. 2A:15-2.

Thorp v. Board of Trustees of Schools for Industrial Education

6 N.J. 498 · Supreme Court of New Jersey · Mar 12, 1951

And a state statute requiring students at the state university to take a course in military science and tactics was held valid as against the contention that its enforcement would abridge the privileges and immunities and … Here, also, the teacher becomes qualified by taking the oath. The judgment of the State Board of Education is affirmed.

Bunk v. Port Authority of New York & New Jersey

144 N.J. 176 · Supreme Court of New Jersey · May 22, 1996

At that time, the doctrine of sovereign immunity immunized public bodies from many forms of liability. … If the language is plain and clearly reveals the statute’s meaning, the court’s sole function is to enforce the statute in accordance with the language. In Phillips v.

Law & Pub. Saf. Dep't v. STATE TROOPERS, ETC.

179 N.J. Super. 80 · New Jersey Superior Court Appellate Division · Apr 15, 1981

The arbitrator based his decision on the fact that section A of NCO's proposal clearly gave the Division the sole authority to establish the criteria to be used in evaluating candidates for promotion. … qualified," the proposal was procedural in nature and did not bear on criteria for promotion.

Phillips v. State, Dept. of Defense

98 N.J. 235 · Supreme Court of New Jersey · Jan 21, 1985

N.J.S.A. 34:15-7. 4 Moreover, there are other provisions in article 2 of the Workers’ Compensation Act that are clearly inapplicable to the military situation. … If the action against the Department establishes that there was no causal relationship between the incident and the injury, plaintiff may be barred from proceeding against defendants in the civil action.

Plain v. Flicker

645 F. Supp. 898 · District Court, D. New Jersey · Oct 21, 1986

Clearly, physicians, certifying a commitment have assumed a public function. … Officers of the state, exercising discretionary powers in performing their duties are entitled to qualified immunity insofar as their conduct does not violate clearly established statutory or constitutional rights which a

Guterman v. Guterman

66 N.J. 69 · Supreme Court of New Jersey · Nov 20, 1974

Clearly it is the latter, as the trial judge here held. … I do not, at this point in this interlocutory proceeding, intimate any view on the underlying policy *72 considerations affecting the doctrine of intra-family immunity as expressed in Koplik v. C.P.

Glassboro v. Gloucester County Board of Chosen Freeholders

199 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Feb 15, 1985

In order to protect the public health, safety,, and welfare, the Act establishes the policy of New Jersey to provide a coordinated approach to solid waste disposal by establishing 22 solid waste management districts (consisting … Writing for the Court, Justice Rehnquist concluded that the right to employment indeed was fundamental and protected by the Privileges and Immunities Clause.

In re the Adoption of a Child by E.T. & T.T.

302 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Jun 26, 1997

Nevertheless, *538 plaintiffs resisted such an assessment after they had prevailed, arguing that they were immunized from payment of fees pursuant to N.J.S.A. 9:3-53, which, while imposing the responsibility for payment of … Thus N.J.S.A. 9:3-38e defines “guardian ad litem” as a qualified person, not necessarily an attorney, appointed by the court under the provisions of this act or at the discretion of the court to represent the interests of

BRADY v. TOWNSHIP OF WOODBRIDGE

District Court, D. New Jersey · Jul 29, 2021

The doctrine of qualified immunity shields government officials from civil liability so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Apr. 13, 2021) (noting that “the right to be free from malicious prosecution is clearly established” and declining to rule on qualified immunity on summary judgment because a genuine dispute of material fact existed as

Alfano v. Schaud

429 N.J. Super. 469 · New Jersey Superior Court Appellate Division · Feb 14, 2013

The facts are so clearly in Defendant’s favor, that a summary judgment is justified. See Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445 [ 916 A.2d 440 ] (2007). … The district court denied the defendant’s summary judgment motion, which was based on qualified immunity and the United States Court of Appeals for the Eleventh Circuit affirmed on *476 interlocutory appeal, taking the plaintiff

Unix System Laboratories, Inc. v. Berkeley Software Design, Inc.

832 F. Supp. 790 · District Court, D. New Jersey · Sep 8, 1993

Similarly, I find that the aggressive behavior of the University’s counsel during the McKusick deposition is not sufficient to establish that the University has waived its immunity by affirmatively seeking relief in federal … Some of the cases cited by Plaintiff — even recent ones — propose that "it has long been established that a general appearance may constitute ... a waiver” of Eleventh Amendment immunity. Paul N.

DCPP v. E.M.C., IN THE MATTER OF THE GUARDIANSHIP OF A.E.C.

New Jersey Superior Court Appellate Division · Jan 23, 2019

Singer was qualified as an expert in psychology and bonding. He conducted a bonding evaluation between Maisie and all three children. … And I find the Division has established that clearly and convincingly. . . . .

PANOVA v. PALISADES INTERSTATE PARKWAY POLICE DEPARTMENT

District Court, D. New Jersey · Jun 28, 2022

Qualified Immunity and Good Faith Immunity Under N.J.S.A. 59:3-3. … Qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Briarglen II Condominium Ass'n v. Township of Freehold

330 N.J. Super. 345 · New Jersey Superior Court Appellate Division · Apr 26, 2000

On January 13, 1995, the Association was established by way of the execution and recording of a Master Deed. Individual deeds to condominium unit owners were executed and recorded thereafter. … Defendant’s argument is, essentially, that, had the Legislature intended the interpretation advanced by plaintiff, it would have more clearly provided for such.

Shalik Coleman v. Corizon Medical, et al.

District Court, D. New Jersey · Jul 30, 2026

Hicks Is Entitled to Qualified Immunity Hicks is entitled to qualified immunity with respect to Plaintiff’s “rough ride” claim. … An official is entitled to qualified immunity if the constitutional right allegedly violated was not “‘clearly established’ at the time of the defendant’s actions.” Estate of Lagano v. Bergen Cnty.