Case law

Greenwood Cemetery Ass'n v. City of Millville

1 N.J. Tax 408 · New Jersey Tax Court · Jul 30, 1980

The public policy of the State of New Jersey is clearly set forth in the statute and in case law. In Terwilliger v. … Unless the right is clearly established it should be and is denied.” [at 216, 55 A.2d at 59 ] Nor can the application of the de minimis rule help the taxpayer here.

Hays v. Paramus Borough

28 N.J. Tax 342 · New Jersey Tax Court · Apr 17, 2015

Hays’ status as a veteran with a service connected total disability was established, in order to qualify for the exemption statute he had to have had a qualifying ownership interest in the subject property. … As established above, the referenced trust was established for the benefit of plaintiff.

SYMS v. COUNTY OF CAMDEN

District Court, D. New Jersey · Sep 29, 2022

At the summary judgment stage, “the officer bears the burden of establishing his entitlement to qualified immunity.” … is thus entitled to qualified immunity.

Campagna v. American Cyanamid Co.

337 N.J. Super. 530 · New Jersey Superior Court Appellate Division · Mar 5, 2001

To induce immunity, an OPV utilizes attenuated or weakened poliovirus to mildly infect the person vaccinated. Ibid. … Ibid. *1000 Defendant's OPV, Orimune OPV, is a trivalent vaccine that provides immunity against all three types of polio.

S.L.W. v. New Jersey Division of Pensions and Benefits (081723) (Statewide)

238 N.J. 385 · Supreme Court of New Jersey · Jun 24, 2019

S.L.W. requested the matter be referred to the Office of Administrative Law (OAL) to establish a record. … did not properly establish dependency.

Huster v. Huster

64 N.J. Super. 29 · New Jersey Superior Court Appellate Division · Nov 22, 1960

What defendant obviously was trying to establish through Dr. … Moreover, there is a real question as to whether he was qualified to do so.

Moore v. Moore

114 N.J. 147 · Supreme Court of New Jersey · Feb 15, 1989

The fact that these benefits become due and owing subsequent to the divorce does not immunize them from equitable distribution. … The mere fact that a benefit is contingent and difficult to measure does not mean it is immune from equitable distribution.

Strobel Steel Construction Co. v. State Highway Commission of New Jersey

120 N.J.L. 298 · Supreme Court of New Jersey · Apr 29, 1938

The contracts made by the commission are clearly contracts of the state — they may be made either in the name of the state or of the commission. … It enjoys this immunity as one of the essential attributes of sovereignty, it being an established principle of jurisprudence in all civilized nations, that the sovereign cannot be sued in its own courts without its consent

Stroby v. Egg Harbor Township

754 F. Supp. 2d 716 · District Court, D. New Jersey · Dec 10, 2010

(Pl.’s Brief p. 6) The nature of the acts alleged by Plaintiff clearly show that Defendant Lancaster was not acting under state law. … Therefore Count Twelve must fail as a matter of law because Defendant Egg Harbor Township is immune from liability for Defendant Lancaster’s willful misconduct. IV.

Fischer v. Allied Signal Corp.

974 F. Supp. 797 · District Court, D. New Jersey · Sep 4, 1997

To establish a prima facie case of age discrimination under federal law, a plaintiff must show that (1) he was in a protected group; (2) he was qualified for his position; (3) his employment nevertheless was terminated or … The statements promise neither to protect Fischer from termination, nor to immunize him from the effects of a reorganization.

Republican Committee v. Mayor of Garwood

140 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Mar 23, 1976

Jones was clearly in possession of the office of councilman at the time that the borough council attempted to appoint Renaud. His authority to occupy that office is found in N. J. S. … A. 40:87-9, Avhich provides in pertinent part: The couneilmeu shall hold office for three years and until their successors shall have qualified.

Baker v. National State Bank

312 N.J. Super. 268 · New Jersey Superior Court Appellate Division · Jun 2, 1998

Noting that an employer may decide for itself which employees are better qualified, the court said: “Nevertheless, a plaintiff can take his case to a jury with evidence that he was clearly better qualified than younger employees … The poor performance of Shannon and Castillo after plaintiffs’ terminations was part of plaintiffs’ proof that plaintiffs were clearly better qualified.

Harel v. Rutgers, State University

5 F. Supp. 2d 246 · District Court, D. New Jersey · Apr 24, 1998

As mentioned above, first plaintiff must establish a prima facie case of discrimination based upon these three requirements: (1) he is a member of a protected class; (2) he applied for, and was qualified for tenure but was … Because the Court dismisses plaintiff's §■ 1983 equal protection claims against Seneca and Lawrence, there is no need to address their argument that they are entitled to qualified immunity.

Western Electric Company v. Traphagen

166 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Feb 27, 1979

The provision is thus clearly distinguishable from other federal enactments which quite clearly, and in traditional language, express the intent to insulate benefit payments from the reach of creditors. … We are reluctant to attribute to Congress an intent to preserve a bankrupt's obligation of support from a discharge in bankruptcy while immunizing private pension funds of wholly solvent pensioners from such obligations.

Smith v. Township of East Greenwich

519 F. Supp. 2d 493 · District Court, D. New Jersey · Oct 30, 2007

Therefore, Smith must establish that Defendants’ conduct constituted state action or action under the color of law, and that the conduct deprived her of rights, privileges or immunities secured by the Constitution or laws … Defendants challenge Smith’s ability to establish prong four, arguing that the promotion went to Sergeant Jenkins, who was more qualified due to his superior disciplinary record.

Tevis v. Tevis

79 N.J. 422 · Supreme Court of New Jersey · Apr 5, 1979

of wrongfully inflicted injuries, dictate that immunity, when used as a shield to defeat recovery, be established affirmatively. … An examination of the facts of this particular case shows clearly that dismissal will not further the purposes underlying the two year limitations period prescribed by N.J.S.A. 2A:14-2.

Gantes v. Kason Corp.

145 N.J. 478 · Supreme Court of New Jersey · Jul 23, 1996

The conflict posed in that action was whether Florida’s marital immunity law or New Jersey law abrogating interspousal immunity should be followed. … Accordingly, the Court ruled that New Jersey had no interest that would call for the application of its own policy abrogating inter-spousal immunity, and, therefore, the Florida marital-immunity doctrine should apply, notwithstanding

Catto v. Schnepp

121 N.J. Super. 506 · New Jersey Superior Court Appellate Division · Feb 3, 1972

Furthermore, we entertain considerable doubt whether the evidence adduced by plaintiffs established a chain of causation between plaintiff's injury and conduct on the part of the Township or the County. … We observe that the photographs in the appendix show quite clearly the nature of the curve of the highway, the extent of the grade and dip in the road.

US Bank, N.A. v. Hough

210 N.J. 187 · Supreme Court of New Jersey · May 22, 2012

The language of the regulation itself clearly indicates the remedy that applies when an excessive loan is secured by an affordable housing unit. … That regulation clearly states that “[a]ny loan issued in violation of [the applicable affordable housing regulations] shall be void as against public policy.”

County of Morris v. Fauver

153 N.J. 80 · Supreme Court of New Jersey · Mar 9, 1998

Prior to 1970, the State could not be sued in actions in tort or contract as a result of its sovereign immunity. Frapaul Constr. Co. v. … Kugler, Jr., Attorney General, Report of the Attorney General’s Task Force on Sovereign Immunity 9 (May 1972).