Case law

Gauer v. Essex County Division of Welfare

205 N.J. Super. 592 · New Jersey Superior Court Appellate Division · Jun 26, 1985

To single out ECWB retirees for such benefits is clearly discriminatory. … Should a governing body determine to pay such insurance premiums, the policy must be applied uniformly to all qualified retirees. [Emphasis supplied.]

EADS v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Jan 25, 2024

be futile because the BOP defendants are entitled to qualified immunity. … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a

South Orange-Maplewood Education Ass'n v. Board of Education

146 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Jan 18, 1977

Plaintiff brought this action for specific enforcement of provisions of an agreement relating to *460 sabbatical leave for qualifying teachers. … Sabbatical leave is clearly a term and condition of employment. It is akin to wage and vacation benefits.

Jorgensen v. Prudential Insurance Co. of America

852 F. Supp. 255 · District Court, D. New Jersey · Apr 29, 1994

Each was established to offer tax-qualified pension plans the opportunity to invest their funds in a managed portfolio of real property on a commingled basis. … Participation in PRISA accounts is limited to pension plans qualified under Section 401(a) of the Internal Revenue Code, governmental plans qualified to hold separate account contracts and other plans where a unit value,

Mey v. Mey

149 N.J. Super. 188 · New Jersey Superior Court Appellate Division · Apr 13, 1977

Painter is clearly in accord. *205 The word "acquired" was considered in Painter , though in a particular setting. … Ct. 1973), which involved an inter vivos trust established for the benefit of the grantor's three children, one of whom was defendant husband.

In re Contest of the Election of Ray

26 N.J. Misc. 56 · New Jersey Circuit Court · Dec 26, 1947

of our courts (In re Freeholders of Hudson County, supra) as follows: ■ "While it is true that the legislature cannot add to the constitutional qualifications of electors, it must, nevertheless, devolve upon that body to establish … He should not be prevented from taking his seat as councilman, unless clearly ineligible under some constitutional or statutory provision. The language of R. S. 19:23-15; N. J. S.

MATTIACCIO v. SCHARFENBERG

District Court, D. New Jersey · Jul 8, 2025

Seventh, the NJTCA’s qualified immunity provisions shield Defendants from liability. The Court will address each argument in turn. A. … OCPO’s designation as a “constitutionally established office” satisfies the second Fitchik factor.

HARRISON v. NEW JERSEY STATE POLICE

District Court, D. New Jersey · Mar 2, 2023

The burden of establishing entitlement to qualified immunity rests with the movant asserting the defense. Halsey v. Pfeiffer, 750 F.3d 273, 288 3d Cir. 2014). … “The qualified immunity inquiry contains two prongs: (1) whether the facts alleged by the plaintiff show the violation of a constitutional right, and (2) whether the law was clearly established at the time of the violation

O'BOYLE v. Prudential Ins. Co.

241 N.J. Super. 503 · New Jersey Superior Court Appellate Division · Jun 6, 1990

Her employer's disability plan was a qualified private plan established and approved under our Temporary Disability Benefits Law in lieu of the State plan, N.J.S.A. 43:21-25 to -42. … The establishment of a supplementary plan by Sears was permitted "without [State] approval." N.J.S.A. 43:21-36.

PRATT v. ANN KLEIN FORENSIC CENTER

District Court, D. New Jersey · Jul 25, 2019

“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 constitutional … If the court concludes that the defendant’s conduct did violate a clearly established constitutional or statutory right, then it must deny the defendant the protection afforded by qualified immunity.

Gilliland v. Board of Review

298 N.J. Super. 349 · New Jersey Superior Court Appellate Division · Mar 5, 1997

A claim for Unemployment Insurance Benefits was filed effective 4/23/95, establishing a base year from 1/1/94 to 12/31/94____ The petitioner requests that the base year be moved to an earlier 12 month period, wherein he would … Section (3) provides a similar definition for individuals who qualified for workers’ compensation benefits during a period of disability.

Bennun v. Rutgers, the State University

737 F. Supp. 1393 · District Court, D. New Jersey · May 23, 1990

It is clear from this discussion that plaintiff has satisfied the burden of establishing that he was qualified for promotion. … The objective data on Bennun’s curriculum vitae and the opinions of internationally renowned biochemists clearly demonstrate that Bennun was at the very least qualified for promotion to full professor.

Charlotte Robinson v. Frank Vivirito (072407)

217 N.J. 199 · Supreme Court of New Jersey · Mar 26, 2014

The TCA reestablished the immunity of public entities, while also creating a scheme to impose liability on public entities to ameliorate “the harsh results of the [sovereign immunity] doctrine.” Beauchamp v. … Div. 1985), certif. denied, 103 N.J. 473 (1986), which recognized a standard of care to provide safe passage for commercial establishments which provided off-site parking to patrons. Ross, supra, 221 N.J.

Natural Medical, Inc. v. New Jersey Department of Health & Senior Services

428 N.J. Super. 259 · New Jersey Superior Court Appellate Division · Oct 4, 2012

These responsibilities include establishing a registry of qualified patients and primary caregivers, N.J.S.A. 24:61-4, and processing applications for permits to operate ATCs, N.J.S.A. 24:61-7. … To that end, on November 15, 2010, the Department proposed regulations for implementing the Act and establishing the medicinal marijuana program. 42 N..J.R. 2668(a) (Nov. 15, 2010).

D & D Assocs. v. Board of Educ. of N. Plainfield

411 F. Supp. 2d 483 · District Court, D. New Jersey · Jan 10, 2006

Vignuolo is qualified to submit an opinion as to Mr. … This clearly does not. In addition, an expert report or expert testimony must assist the trier of fact. Claiming that the damages are self-evident does nothing to achieve this end.

Grodjesk v. Jersey City Medical Center

135 N.J. Super. 393 · New Jersey Superior Court Appellate Division · Jun 16, 1975

In my view the evidence clearly and persuasively supports the basis for the removal of plaintiffs from the rotation schedule. … The authorities clearly demonstrate that the established policy of the Dental School which bars nonfaculty physicians from use of school facilities does not contravene any constitutional right of plaintiffs.

State v. Overton

135 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Jul 1, 1975

Qualified testing personnel could then issue certificates of good working order for each machine which could qualify as business records under Evid. R. 63 (13), or as official reports under Evid. R. 63 (15). … The proofs in this case clearly demonstrate the accuracy of the radar unit which clocked defendant's vehicle travelling at an excessive rate of speed. Logic and reason dictate no other result.

In Re Caola

422 B.R. 13 · United States Bankruptcy Court, D. New Jersey · Jan 6, 2010

Accordingly, the Court looked to § 1037(c) to determine whether the debtor was qualified to become a debtor under Chapter 13. … Following the reasoning of Marrama , the Court found that “[s]ection 1307 should not be used as an ‘escape hatch’ to provide a debtor with immunity from [her] conduct and avoid the consequences of section 1307(c) and the

State v. McLean

205 N.J. 438 · Supreme Court of New Jersey · Mar 31, 2011

And so by the use of the binoculars, were you able to see what was happening clearly? … First, the police officer in *462 this matter was not qualified to testify as an expert.

Township of Mahwah v. Bergen County Board of Taxation

98 N.J. 268 · Supreme Court of New Jersey · Jan 14, 1985

S.A. 30:9-24 allows counties of the first class to establish maternity hospitals, issue bonds, and tax for the payment of those bonds; N.J. … to ever qualify for the rebate.