Case law

Stables v. American Live Stock Ins. Co.

201 N.J. Super. 492 · New Jersey Superior Court Appellate Division · May 24, 1985

Plaintiff maintains that the "appreciable prejudice" requirement established in Cooper v. … Here the "thoroughbred mortality policy" clearly establishes that the insured must carry out its obligations as "a condition precedent to any liability," and provides that: [a]ny failure by the Insured to do any of the foregoing

ROSENBERG BY ROSENBERG v. Cahill

99 N.J. 318 · Supreme Court of New Jersey · May 13, 1985

According to the father the tumors appearing in the x-rays were “pointed out” to him, clearly dispelling an inference that these abnormalities would be obvious to a layperson. … Knapp would be qualified as an expert to evaluate the expected performance of a chiropractor in recognizing in an x-ray an abnormal condition and referring his patient to a qualified practitioner. Dr.

Manzo v. Eddinfield

126 N.J. Super. 20 · New Jersey Superior Court Appellate Division · Dec 6, 1973

And, it is argued, plaintiff failed to sustain his burden to establish that he was a "qualified person" within that subsection. The pertinent facts here are undisputed. … If that were the intention it could have been accomplished by clearly saying so, e.g., that no uninsured owner may recover, etc.

In re Human Tissue Products Liability Litigation

255 F.R.D. 151 · District Court, D. New Jersey · Dec 12, 2008

Discovery on the narrow issue of good faith immunity has been open since December 2007. 5 See CM/ECF Docket Entry No. 545. … To select thirty-eight (38) documents in a single category of documents, which are further subdivided into five additional categories by defense counsel, not only violates this Court’s Order, but clearly contravenes the Court

Greisman v. Newcomb Hospital

76 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Aug 17, 1962

The plaintiff is also fully qualified to practice medicine and surgery in the States of New York, Michigan and Florida. … medical society (Cumberland) is clearly unreasonable and offensive to public policy.

Beedie v. Int. Bro. Electrical Workers

25 N.J. Super. 269 · New Jersey Superior Court Appellate Division · Apr 6, 1953

Where the proofs established such a right, the law court has ample jurisdiction and authority to enforce it. We direct our attention to article XXII of the defendant's constitution about which the controversy centers. … For example, an immunity from the rule arises where property rights are implicated, and it is manifest that a resort to the remedies afforded by the association would be futile, illusory, or vain, Walsche v.

Summit Bank v. US DEPT. OF TREASURY-BUREAU

24 F. Supp. 2d 382 · District Court, D. New Jersey · Oct 30, 1998

The court reasoned that "determination of the nonmonetary claims may or may not determine whether plaintiffs are entitled to monetary relief, `and, clearly will not determine the amount of such relief ....'" … The declaratory relief sought had a "conspicuous impact beyond establishing a right to the disallowed funds" and that this "prospective, independent significance ... makes it ... the primary relief sought by the State."

Gloucester Cty. Welfare Bd. v. NJ CIV. SERV. COMM'N.

93 N.J. 384 · Supreme Court of New Jersey · Jun 21, 1983

The notices must include the “[established minimum *394 qualification requirements for admission of applicants.” N.J. A.C. 4:l-8.3(c)(4). “In order to qualify for open competitive examination, an applicant must ... … The record contains no evidence establishing that fact.

Kelly v. Sterr

119 N.J. Super. 272 · New Jersey Superior Court Appellate Division · May 26, 1972

He further contends that "there is no evidence that the hearing officer was qualified to conduct the hearing." … In any event, our examination of the record clearly indicates he was eminently qualified.

Cassandra Gigi Smith v. Newark Community Health Centers, Inc.

New Jersey Superior Court Appellate Division · Jul 30, 2024

On appeal, plaintiff maintains the CIA's immunity does not apply to her claim, asserting defendant neither was organized exclusively for educational purposes nor demonstrated it received sufficient funding to qualify for … Applying the language of Section 7, our Supreme Court reiterated in Green, "an entity qualifies for charitable immunity when it (1) was formed for nonprofit purposes; (2) is organized exclusively for religious, charitable

Acosta v. Gaffney

413 F. Supp. 827 · District Court, D. New Jersey · May 12, 1976

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . In Perkins v. … But citizenship by birth is established by the mere fact of birth under the circumstances defined in the constitution.

Bd. of Educ. of Clifton v. WR Grace

258 N.J. Super. 94 · New Jersey Superior Court Appellate Division · Apr 10, 1992

That merely establishes a necessary, not a sufficient, condition for the displacement of state law. … Under the New Jersey Tort Claims Act, N.J.S.A. 59:9-1 immunity for public entities with respect to construction projects is provided for in N.J.S.A. 59:9-4-6 plan and design immunity and immunity for discretionary acts N.J.S.A

Serio v. Liss

189 F. Supp. 358 · District Court, D. New Jersey · Dec 9, 1960

It is well-established by Federal, as well as by New Jersey law, that commencement of enlargement of custody by parole is not termination of imprisonment. In Anderson v. … Such a status would clearly be against the .interest of the members of the labor organization, as well as of the public at large.

Clark v. Buchko

936 F. Supp. 212 · District Court, D. New Jersey · Aug 1, 1996

immunity. … Defendants move to dismiss Counts One, Two and Three on the basis that no constitutional violation occurred, that defendants are entitled to qualified immunity and that no unconstitutional policy or custom existed which promoted

State v. Compton

304 N.J. Super. 477 · New Jersey Superior Court Appellate Division · Oct 8, 1997

Sinquee was not qualified to offer an expert opinion on Shaken Baby Syndrome, and that no adequate foundation had been established for the reliability of her observations and conclusions. … Her training and experience clearly qualified her to testify concerning infants with traumatically induced brain injuries and the potential causes thereof, including Shaken Baby Syndrome.

State v. Congdon

76 N.J. Super. 493 · New Jersey Superior Court Appellate Division · Oct 16, 1962

Clearly, a program for the alleviation of the results of disaster derives its efficacy from organization and drill before the emergency arises. … The constitutional guaranty of religious freedom is not a guaranty of immunity for violation of the law. Consequently, a corporation doing religious work has been required to comply with the Fair Labor Standards Act.

In Re Xanadu Project

415 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Aug 6, 2010

More importantly, even if they could establish such an impact, that negative effect is irrelevant in deciding whether Benihana is qualified to receive a special concessionaire permit. In Great Atl. & Pac. Tea Co. v. … The regulation did not limit the types of properties that qualified as "any property." Rather, Fischer said, the amendment expanded the types of property that qualified as state owned or controlled.

State v. Kenny

68 N.J. 17 · Supreme Court of New Jersey · Jul 8, 1975

The Marcus language, although dictum, clearly and unequivocally states that once immunity has been granted, the witness is entitled to protection with respect to any facet of his compelled testimony. In United States v. … . § 1952 (a) which forbids, inter alia, use of any facility in interstate commerce to "promote, manage, establish [and], carry on * * * any unlawful activity."

A & B AUTO STORES v. City of Newark

103 N.J. Super. 559 · New Jersey Superior Court Appellate Division · Nov 29, 1968

The Sun Indemnity case is clearly distinguishable. … VI DEFENSE OF GOVERNMENTAL IMMUNITY Plaintiffs have moved to strike the defense of municipal immunity.

Dobbins v. Board of Education of Henry Hudson Regional High School

133 N.J. Super. 13 · New Jersey Superior Court Appellate Division · May 24, 1974

clearly. … the Board of Education, of course, with negligence in this case, it will be necessary that knowledge by the Board of Education of the use of this driveway and parking lot *29 by the class and the existing conditions be established