Case law

State of New Jersey v. Timothy Adkins

433 N.J. Super. 479 · New Jersey Superior Court Appellate Division · Dec 20, 2013

After reviewing the certificate in this case, we conclude that it was not intended to establish a suspect's consent to a warrantless search, but rather was intended to satisfy the immunity statute and establish the chain … Ed. 2d 908 (1966), was based on the presumed exigency created by the dissipation of alcohol levels in the bloodstream, and was clearly stated in opinions of our Supreme Court.

Wyer v. Middletown Township

16 N.J. Tax 544 · New Jersey Tax Court · Jun 19, 1997

The Appellate Division clearly set forth its “view that where the woodland in question is not ‘part’ of the farm within the rational [sic] of Andover, supra., it can, if contiguous to the farm, qualify for the farmland assessment … the qualifying parcels.

Independent Electricians & Electrical Contractors' Ass'n v. New Jersey Board of Examiners of Electrical Contractors

48 N.J. 413 · Supreme Court of New Jersey · Jan 23, 1967

The scheme of the act, as the statutory title indicates, is clearly to regulate the business of electrical contracting for hire and not to qualify and license the individual master or journeyman electricians who actually … The statute directs that the examination “shall be so designed as to establish the competence and qualification of the applicant to perform and supervise the various phases of electrical contracting work,” N. J. S.

IBRAHIM v. EMRICH

District Court, D. New Jersey · Oct 17, 2024

They further assert that they are entitled to qualified immunity on the individual capacity claims for damages because Plaintiff fails to demonstrate a violation of a clearly established constitutional right and that the … al-Kidd, 563 U.S. 731, 735 (2011) (stating that, to overcome a claim of qualified immunity, a plaintiff must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly

ARMSTRONG v. NEW JERSEY DEPARTMENT OF CORRECTIONS

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

“The doctrine of qualified immunity shields government officials who perform discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … As such, and in light of Defendant’s concession that the right in question is clearly established, Defendants King and Beattie are not entitled to qualified immunity at this time.

Meadowlands Basketball Assoc. v. Director, Div. of Taxation

340 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Apr 26, 2001

He argued, instead, that the Authority did not qualify as a "vendor of services or property." … Nets professional basketball games, and the admission charges to attend such events, clearly fall within the exception to the exemption.

Hager v. Weber

7 N.J. 201 · Supreme Court of New Jersey · May 21, 1951

that are present in every case” and make the judgment “as to them no longer the end of litigation but a mere intermediate phase of legal strife” in substance and effect tends “to alter the character of the judgment and qualify … The indubitable principle of the Kohl and Knight cases is that the “finality” inherent in the then constitutional courts did not render immune to appellate review a verdict that plainly transcended the province of the jury

Kleinfeld v. the General Auto Sales Co.

118 N.J.L. 67 · Supreme Court of New Jersey · Apr 12, 1937

It was, therefore, clearly obiler diclum. Crescent Ring Co. v. Travelers Indemnity Co., 103 N. J. L. 89; 133 Atl. Rep. 106 . … The provisions of the statute and the rules of court permit of no doubti Suffice it to observe that plaintiff's burden to establish ownership in himself, absolute or qualified, with the right of exclusive possession at the

Berg v. Reaction Motors Division

37 N.J. 396 · Supreme Court of New Jersey · May 21, 1962

Clearly, each case must be governed by its own peculiar facts. … Extension of the Government’s immunity to independent contractors would run counter to recent trends and expressions which emphasize the need for restricting the immunity and the rightness of affording relief to those who

Jackson v. Muhlenberg Hosp.

96 N.J. Super. 314 · New Jersey Superior Court Appellate Division · Jul 13, 1967

If these valuable organizations are to be exempted from liability, the immunity should be based upon the true policy consideration and not upon an irrelevant circumstance. See Collopy v. … In view of the undisputed fact that the presence of the virus cannot be detected and prevented, the disclaimer is clearly reasonable.

Garcia v. Snedeker

199 N.J. Super. 254 · New Jersey Superior Court Appellate Division · Feb 25, 1985

In order to recover from the Fund, it is incumbent upon the claimant to establish that PIP benefits would be "payable" were such coverage in force. … Simply stated, we can discern no legislative design to provide claimants with blanket immunity from the time restrictions set forth in N.J.S.A. 39:6A-13.1(a).

Concepcion v. Veb Backereimaschenbau Halle

120 F.R.D. 482 · District Court, D. New Jersey · Jun 5, 1988

Section 1608(b)—which governs service of an agency or instrumentality of a foreign state—establishes a hierarchy among its listed means of service. … As VEB does not contend it is not subject to the FSIA, or that it is entitled to immunity thereunder, it cannot be said that the amendment will clearly fail to cure the defect.

Hurdleston v. New Century Financial Services, Inc.

629 F. Supp. 2d 434 · District Court, D. New Jersey · Jun 29, 2009

On September 20, 2005, Pressler moved to strike Christopher’s answer because Christopher was neither an attorney, a person qualified to appear in court, nor a real party in interest, and enter default in the case. … While Defendants’ papers indicate that the state court claim was filed on August 12, 2005, (see Pressler Aff. ¶ 2), the copy of the summons and complaint attached to Plaintiff’s papers clearly indicate that it was filed on

Paruszewski v. Township of Elsinboro

297 N.J. Super. 531 · New Jersey Superior Court Appellate Division · Feb 20, 1997

Clearly, a mere intention to use the property is not enough to establish use. Morris County Land, etc. v. … In others, in the absence of some demonstration of a personal or pecuniary interest which would qualify it as an aggrieved party within the statute providing for review, it is held that the municipality has no standing to

Fenias v. Reichenstein

124 N.J.L. 196 · Supreme Court of New Jersey · Feb 5, 1940

The respondent urges that the burden is upon the petitioners to establish the sufficiency of the petition and that they have failed to carry that burden in this ease. The statute (R. … The legislature directed that the election should be called for the fourth Tuesday after the filing of the petition and the clerk clearly was under a duty to make some decision within that time; otherwise the petition is

Taibi v. De Gennaro

65 N.J. Super. 294 · New Jersey Superior Court Appellate Division · Jan 25, 1961

However, that case is clearly distinguishable from that with which we are presently concerned and needs no further comment or analysis. … There the defendants sought leave on motion to join the plaintiff's husband for the purpose of establishing the latter's liability for contribution.

Betts v. Massachusetts Bonding & Insurance

90 N.J.L. 632 · Supreme Court of New Jersey · Jun 18, 1917

Betts, supra, establishes, that the uncontroverted fact that Snively, both unlicensed and unregistered to practice dentistry, did, as an assistant to Dr. … These acts were clearly in express violation of the statute which forbids dental operations by an unlicensed person.

GONZALEZ v. BOROUGH OF RED BANK

District Court, D. New Jersey · Apr 28, 2020

Perez has not satisfied the first step of the qualified immunity analysis, at this stage. … Resolution of these questions is critical to any determination of qualified immunity.

United States v. Steinmetz

763 F. Supp. 1293 · District Court, D. New Jersey · Jun 3, 1991

It is the position of the United States Department of State that warships and their remains which are clearly identifiable as to the flag State of origin are clothed with sovereign immunity and therefore entitled to a presumption … Clearly, warships are to be treated uniquely- Thus, the lapse of time between the sinking of CSS ALABAMA and Mr.

Citizens for Chart. Change, Essex Cty. v. Caputo

151 N.J. Super. 286 · New Jersey Superior Court Appellate Division · Jun 27, 1977

This is so because, though they are clearly not qualified to vote ( N.J.S.A. 19:32-15), their elective voice would nevertheless be considered in determining the number of signatures required in order to place the referendum … The decision clearly *294 contemplated that no further challenges to signatures would occur.