Case law

Kuberski v. Haussermann

113 N.J.L. 162 · Supreme Court of New Jersey · May 15, 1934

He qualified and took his seat at the organization meeting held on January 1st following. … And it is likewise a firmly established rule that it is immaterial that the result reached is not produced by the vote of the disqualified member.

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.

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

Vedutis v. Tesi

135 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Jul 3, 1975

While this court is mindful of the fact that the Tort Claims Act represents an abrogation of the common law doctrine of sovereign immunity and, therefore, ought to be strictly construed, State v. … N.J.S.A. 2A:14-2.1 clearly bridges that gap, and reading the two statutes in pari materia serves to harmonize the law relating to the same subject matter.

CARR v. COUNTY OF CAMDEN

District Court, D. New Jersey · Mar 26, 2024

The video establishes the following. … Government officials performing discretionary functions are generally shielded from liability for civil damages when their conduct does not violate a clearly established statutory or constitutional right of which a reasonable

Scott v. Scott

277 N.J. Super. 601 · New Jersey Superior Court Appellate Division · Jun 30, 1994

Counsel states: "the crux of Simpson is `family status,' not spousal immunity, but immunity extended to all family members, who are living in the family home." Counsel for Mr. Scott cites Scheib v. Grant, 814 F. … Clearly the behavior of Mr. Scott is not analogous to the actions of the fathers in any of the aforementioned cases. It is undisputed that Mr.

Waskovich v. Morgano

800 F. Supp. 1220 · District Court, D. New Jersey · Aug 27, 1992

Additionally, the court dismissed plaintiff’s claims for monetary damages against the individual defendants in their individual capacity based on the doctrine of qualified immunity. … Directs the establishment and maintenance of essential records and files.

Progressive Casualty Insurance v. Hurley

327 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Jan 10, 2000

Regulations adopted as N.J.AC. 11:3-1.1 to -1.10, established and govern the Commercial Automobile Insurance Plan. … “Insured” means any person or organization qualifying as an insured in the WHO IS INSURED section of the applicable insurance.

State ex rel. Haight v. Love

39 N.J.L. 14 · Supreme Court of New Jersey · Nov 15, 1876

The power of rescission then was clearly gone. … Such has been the well-settled law since the resolutions in Bagg’s ease, 11 Rep. 93, corrected and so established by Lord Mansfield’s opinion in Rex v. Richardson, 1 Burr. 517.

Bueno v. BD. OF TRS., T'CHERS'FUND

404 N.J. Super. 119 · New Jersey Superior Court Appellate Division · Dec 11, 2008

A teacher with a disabling mental condition may qualify for ordinary disability retirement benefits. See Kasper v. … Indeed, Grossman , where we found that a teacher was disabled from teaching generally, is clearly to the contrary.

C. v. C.

54 N.J. 223 · Supreme Court of New Jersey · Jun 27, 1969

In the past, although admittedly in another context (common law immunity), we have not hesitated to initiate change in a well established doctrine in an attempt to bring the law into focus with modern society. … We qualify this holding only because it is not possible to foresee all situations which might arise.

Cooper Hospital v. City of Camden

68 N.J.L. 691 · Supreme Court of New Jersey · Mar 9, 1903

“The legislature shall not pass private, local or special laws * * * granting to any corporation, association or individual any exclusive privilege, immunity or franchise whatever. … supplement of 1849, the county commissioners of a county through which the road passed w-eare authorized to *701 subscribe for stock in the railroad company and issue bonds to pay for the same, provided a majority of the qualified

Laurel Lawn v. Zoning Bd. of Adj.

226 N.J. Super. 649 · New Jersey Superior Court Appellate Division · Jan 19, 1988

A reading of the "New Jersey Cemetery Act" irrefutably leads one to the conclusion that in the Legislative "mind" a crematory is clearly associated with, incidental to and closely aligned with the operation of a cemetery. … N.J.S.A. 8A:4-3 requires establishment of a trust fund by cemetery companies except for: "... any cemetery company operating a crematory physically separated from a cemetery...."

Derrickson v. Smith

27 N.J.L. 166 · Supreme Court of New Jersey · Jun 15, 1858

, any exemption or immunity from personal liability for the debts of the company, to be contracted in its corporate name and capacity. ■» Without calling in question the soundness of this conclusion, but conceding, for the … The statute is clearly and purely penal. The declaration, -although nominally upon promises, negatives all promises, and claims a liability upon a mere default. The case of Corning v.

State v. Casimono

250 N.J. Super. 173 · New Jersey Superior Court Appellate Division · Jul 25, 1991

We also conclude that defendant's other arguments are clearly without merit and do not require discussion. R. 2:11-3(e)(2). Accordingly, we affirm defendant's convictions. … Therefore, the State did not establish any basis for conducting a protective search for weapons of Guerrero and defendant.

Property Owners & Managers Ass'n v. Town Council

264 N.J. Super. 523 · New Jersey Superior Court Appellate Division · May 12, 1993

It is based on the legislative recognition that rent levels for qualified real rental property anticipate the tax burden on the rental property. … The present ordinance is not authorized by N.J.S.A 2A:42-77 empowering municipalities to establish rent control ordinances.

Fagan v. City of Vineland

804 F. Supp. 591 · District Court, D. New Jersey · Jul 30, 1992

His comment bears repeating, and its reasoning is adopted here: Were an absolute grant of immunity, precluding state tort suits, sufficient to establish a right to a federal remedy, a pedestrian negligently struck by a police … more broad-based immunity from suit for any injury resulting from a police chase (a section not specifically asserted by defendants as ground for immunity).

State v. J.Q.

130 N.J. 554 · Supreme Court of New Jersey · Jan 6, 1993

As courts and counsel proceed further from that clearly admissible end of the spectrum, they must focus on the research basis for the proposition that the expert witness seeks to establish. … If qualified, the witness should then establish at a minimum that the methodology used to form his or her opinion is generally accepted within the relevant scientific community to establish the proposition to be stated by

Card v. Wilkins

61 N.J.L. 296 · Supreme Court of New Jersey · Feb 15, 1898

In view of this evidence the trial judge was asked to charge the jury that if they found that plaintiff was explicitly and clearly forbidden by defendants or their agent to do the act in which he received his injury he could … The doctrine would be deprived of any practical application if the immunity of the master would not exist except the servant knew the danger, for if that danger was patent and obvious, it was one which the employe took.the

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."