Case law

Deubel v. Kervick

60 N.J. Super. 98 · New Jersey Superior Court Appellate Division · Feb 29, 1960

By the eighth article of the will the decedent established a residuary trust estate and directed Mr. … Accordingly, the problem is not whether the schools qualify as educational institutions but whether the Order of Saint Benedict does.

Chasin v. Montclair State University

159 N.J. 418 · Supreme Court of New Jersey · Jun 2, 1999

If an employee qualifies under that provision, the State is obliged to reimburse that employee for all costs, including reasonable attorneys’ fees. 2 Thus, even if an employee is not provided with a defense under the TCA, … The Task Force Report cited N.J.S.A 18A:60-4 and a number of other pre-TCA statutes, and observed “[i]t is apparent that the pattern of immunity established by statute is completely lacking in uniformity and fails to take

Secondary School Admissions Test Board, Inc. v. Princeton Borough

13 N.J. Tax 467 · New Jersey Tax Court · Dec 20, 1993

With respect to the first reason, as the exemption provision clearly recites, the exemption claimant must establish that it is organized exclusively for the moral and mental improvement of men, women and children. … This reference however, is not proof nor, if it were proof, would it establish qualifying use.

Tornquist v. Perkowski

208 N.J. Super. 88 · New Jersey Superior Court Appellate Division · Nov 15, 1984

Subsequent events cannot relate back to the time where the court found no conflict of interest existed so as to qualify or to disqualify counsel from proceeding to trial. … Risko, 56 N.J. 482 (1970) (abrogating interspousal tort immunity in automobile negligence actions); Merenoff v. Merenoff, 76 N.J. 535 (1978) (abrogating interspousal tort immunity in general). [23] Accord White v.

DEPT. OF COMMUNITY AFFAIRS v. Cook

282 N.J. Super. 207 · New Jersey Superior Court Appellate Division · Jun 2, 1995

In restricting these disclosure requirements to "government officers," the Legislature clearly wished to target individuals having policy-making responsibilities. … Our construction of the Ethics Law is consonant with the statutory language and furthers the clearly expressed legislative intent.

H.K. v. Division of Medical Assistance & Health Services

379 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Jul 29, 2005

Therefore, under the then existing income-based test, he qualified for Medicaid. … , and clearly in need of support.

Wilson v. Brown

404 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Jan 12, 2009

The Court recognized that "[a] vital public interest is clearly involved in the effectiveness of the decision-making and investigatory duties of the executive." Id. at 226 , 386 A. 2d 846 . … executive privilege, finding that "neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity

OSBADO HERNANDEZ VS. HUDSON COUNTY (L-3623-16, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 15, 2020

Plaintiff also argues the judge erred in finding that the Sheriff was entitled to "qualified immunity." … the summary judgment dismissal on plaintiff's failure to establish a prima facie NJCRA claim, there was no need to apply the doctrine of qualified immunity.

Higgins v. American Soc. of Clinical Pathologists

94 N.J. Super. 243 · New Jersey Superior Court Appellate Division · Mar 13, 1967

For the purpose of carrying out its functions, the Board of Registry conducts qualifying examinations of applicants and issues certificates to those who qualify. … The essential facts revealed by the record before us, considered in the light most favorable to plaintiff, are clearly distinguishable from those found in either Falcone or Greisman .

CATO v. THE TOWNSHIP OF ANDOVER

District Court, D. New Jersey · Jul 29, 2019

Qualified Immunity The doctrine of qualified immunity shields government officials from civil liability so long as “their conduct does not violate clearly established statutory … As such, summary judgment based on qualified immunity is denied. IV.

Berger v. Internal Revenue Service

487 F. Supp. 2d 482 · District Court, D. New Jersey · May 22, 2007

A statute qualifies under this exemption if it “(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or … Williams’s time sheets-personal records which apply to a particular individual-qualify as files covered under Exemption 6, and this Court determines that “release of the information would constitute a clearly unwarranted

Certisimo v. Heidelberg Company

122 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Dec 6, 1972

HEIDELBERG COMPANY, A COMPANY ESTABLISHED IN WEST GERMANY, AND HEIDELBERG EASTERN, INC., A CORPORATION OF THE STATE OF DELAWARE, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. … Clearly, however, if it is not foreseeable that the foreign party's actions will have an effect in the forum state, then there can be no "voluntary action calculated to have an effect in the forum state."

Eagle Truck Transport, Inc. v. BOARD OF REVIEW, ETC.

29 N.J. 280 · Supreme Court of New Jersey · Mar 10, 1959

Under the procedure established, each state acts as agent for the other in taking claims. … Enlargement of the liability of the fund in that fashion should not be recognized unless clearly manifested by the language of the amendment.

PAUL MATTIA VS. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM (POLICE AND FIREMEN'S RETIREMENT SYSTEM)

455 N.J. Super. 217 · New Jersey Superior Court Appellate Division · Jun 13, 2018

The standard of review that applies in an appeal from a state agency decision is well established. … See also Richardson, 192 N.J. at 213-15 (holding that in order to qualify for such benefits, a member of the retirement system must establish, among other things, that "the traumatic event occurred during and as a result

In Re Patterson

382 N.J. Super. 366 · New Jersey Superior Court Appellate Division · Jan 17, 2006

have qualified as a great rush of force or uncontrollable power. … We are aware that another panel of this court recently held that psychic stimulus alone, absent the application of "external physical force" does not qualify as a traumatic event sufficient to establish eligibility for accidental

Phillipsburg Riverview Organization, Inc. v. Town of Phillipsburg

27 N.J. Tax 188 · New Jersey Superior Court Appellate Division · Apr 30, 2013

On appeal, plaintiff contends it established it qualified for tax exemption, because “[t]he only pocket that matters in tax exemption cases is what becomes of the organization’s funds[,]” the judge’s finding regarding the … The artists also established the price for their paintings, and the gala, weekly shows, and private woi’kspace for the artists in *195 residence was clearly geared towards assisting them in selling their wares.

Stark v. Fell

124 N.J.L. 475 · Supreme Court of New Jersey · Apr 30, 1940

S. 40:71-9, was to establish with the commission a new and complete form and scope of the municipal government. … The members of the Housing Authority clearly do not come within any of these expressed exceptions.

JENTIS v. STATE OF NEW JERSEY

District Court, D. New Jersey · Mar 20, 2023

Second, it is well established that the NJDOL Board of Review and DCPP are also entitled to Eleventh Amendment immunity as arms of the State of New Jersey. … the Plaintiff is suing the Individual Defendants in their individual capacities, they are entitled to qualified immunity because the alleged conduct does not violate clearly established statutory or constitutional rights

State v. Zeus

56 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Jun 29, 1959

A policeman testified that it was a residential district, but on cross-examination it appears clearly that he did not have in mind the statutory definition. … Essex County Court of Special Sessions, supra, and by the amendment indicated a change in intendment as established by the cited case.

De Gruchy v. Wilscot Land Co.

110 N.J. Eq. 80 · New Jersey Court of Chancery · Feb 19, 1932

But the defendant contends that the final decree entered in that proceeding, never having been reversed or modified, is final and conclusive upon all of the parties to it and, as such, is entirely immune from attack or impeachment … The charge as thus laid is conclusively established by the undisputed evidence, with the result that complainant is clearly entitled to the relief prayed for.