Case law

Sarlo v. Wells Fargo Bank, N.A.

175 F. Supp. 3d 412 · District Court, D. New Jersey · Mar 24, 2015

First, the February 6, 2009 letter from Defendant to Plaintiffs clearly showed that Plaintiffs were merely being considered for a loan modification. … Aside from the letter offer, which stated clearly that the letter was “not a guarantee or approval of the loan modification,” Lawrence Sarlo’s own testimony indicated that he believed a decision had never been made on whether

Shuman v. National Casualty Co.

80 N.J. Super. 310 · New Jersey Superior Court Appellate Division · Aug 2, 1963

However, in this instance the Institute has established a program of grants to qualified institutions to enable them to finance the study and training of qualified individuals or physicians who desire to be psychiatrists. … adequate level for psychiatric residency training for physicians in practice who wish to become psychiatrists. *319 Since the purpose of the program as well as other portions indicates clearly that a practicing physician,

In re the estate of Breining

68 N.J. Eq. 553 · New Jersey Superior Court Appellate Division · Dec 16, 1904

The sole contest in this case is whether a paper writing purporting to- be the last will and testament of Ernest Breining, deceased, was executed with all the formalities required to establish it as a valid testamentary disposition … In this conclusion I concur for the reasons set forth in the opinion of Judge Skinner appearing in the transcript, which are so clearly stated as to render any repetition unnecessary.

Illva Saronno Corp. v. Liberty Hill Realty Inc.

344 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Oct 24, 2001

It was clearly the contemplation of the parties that development plans would expeditiously be followed and that in the course of their experience the time frame set forth in the agreements are clearly definable, clearly understood … [is] clearly definable, clearly understood by the parties and ... governed only by the obligation of `good faith and fair dealing' of both parties to the agreement."

Moore v. State

43 N.J.L. 203 · Supreme Court of New Jersey · Mar 15, 1881

The personal right needs not to be proved, but (he necessity of the public power must be established. … Can any law be more clearly ex post facto ? ” So with the case of this plaintiff.

LOUIS ANTHONY MAYE v. STEPHEN L. PETRILLO, GRACE SPENCER, LISA M. AUDUBATO

District Court, D. New Jersey · Jun 25, 2026

Plaintiff's IFP application establishes Plaintiff's financial eligibility to proceed without prepayment of the filing fee and is GRANTED. … In determining whether an act qualifies as a “judicial act,” courts look to “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether

Payton v. New Jersey Turnpike Authority

148 N.J. 524 · Supreme Court of New Jersey · Mar 26, 1997

Those exceptions, though important, are qualified in two ways. … The section clearly excludes defendant’s operation of a highway.

Ross v. Miller

115 N.J.L. 61 · Supreme Court of New Jersey · Apr 18, 1935

But any doubt as to the legislative design in this regard is resolved by the application of another well established principle in aid of the construction of legislative enactments. … It would clearly do violence to the legislative purpose and policy to hold that if the membership were so' reduced to one, the surviving member could fill all vacancies.

Pica v. Sarno

907 F. Supp. 795 · District Court, D. New Jersey · Sep 5, 1995

As will be discussed below, the restriction is clearly content-based at least as to window signs. … Samo did not raise the issue of absolute or qualified immunity in his motion and the Court therefore will not consider it. The Court notes, however, that Samo may only invoke immunity in his individual capacity.

Calton Homes, Inc. v. Township of West Windsor

15 N.J. Tax 231 · New Jersey Tax Court · Jul 24, 1995

To interpret N.J.S.A. 54:4-23.8 in the manner suggested by plaintiff clearly leads to such results. … If this *256 were not the case, the particular property would clearly not be assessed using the same standard of value “applicable to other property in the taxing district.”

HEATHER GENSINGER VS. IRIS REYES (L-0125-16, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 16, 2020

As for Reyes and Metz, the court dismissed claims against them under the NJCRA in their individual capacities due to qualified immunity, and under the TCA due to absolute immunity. … Therefore, an officer accused of false arrest can assert qualified immunity to an NJCRA claim if the officer's "conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Dennery v. Board of Education

131 N.J. 626 · Supreme Court of New Jersey · Apr 8, 1993

Petitioner thereafter became qualified to hold the administrative certificate. … The Commissioner and State Board approved the establishment of this position.

Burns v. Belafsky

166 N.J. 466 · Supreme Court of New Jersey · Feb 26, 2001

Salcman, a neurosurgeon, is qualified to evaluate the care provided by a radiologist. … Farooqui: The Legislature clearly recognized, ... that there are overlaps in practice between and among the various medical professions and specialties.

Reinbold v. Reinbold

311 N.J. Super. 460 · New Jersey Superior Court Appellate Division · May 14, 1998

Clearly, this pension will not be earned on the 20th anniversary of defendant’s entry into the service. … The decision to take the early retirement package clearly benefitted defendant.

Way v. Ohio Casualty Insurance

346 F. Supp. 2d 711 · District Court, D. New Jersey · Dec 2, 2004

was established or is maintained for the purpose of providing for its participants or their beneficiaries ... … The Pay Plan clearly indicates an intent to “pay benefits, depending on the type of termination, to employees whose employment is terminated by the Company.” (Separation Pay Plan, Answer, Ex. A, p. 1.)

Kirkpatrick v. Kirkpatrick

106 N.J. Eq. 391 · New Jersey Court of Chancery · Jun 19, 1930

If the complainant could not qualify them to testify in his behalf by putting them in as defendants, he can no more qualify them to testify against him. The language of Vice-Chancellor Van Fleet in McCartin v. … In that case the voluntary choice of the position of defendant was not permitted to qualify such defendants as witnesses to establish their rights in the property involved.

Sanders v. Langemeier

401 N.J. Super. 125 · New Jersey Superior Court Appellate Division · Jun 19, 2008

Clearly, for liability purposes, a vehicle covered with a special policy is considered an uninsured motor vehicle under the UCJF Law, while one covered by a basic policy is not. … Clearly, if he did, he would be a covered person precluded from seeking UCJF benefits.

Toft v. Ketchum

18 N.J. 280 · Supreme Court of New Jersey · May 2, 1955

To confer blanket immunity in such a situation will, in my opinion, have precisely the opposite effect. … Those who have legitimate grievances against attorneys need no cloak of immunity as an inducement to file complaints with grievance committees.

State v. Collins

90 N.J. 449 · Supreme Court of New Jersey · Aug 3, 1982

In fact the careful phraseology tends to confirm the conclusion that the Legislature was aware it was, in effect, establishing an authority and procedure parallel to those contained in Section 27. … Defendants charged with drug offenses under circumstances which require very careful scrutiny of applicants for pretrial diversion, such as prior convictions and serious offenses, will qualify only under the Code track with

South Camden Citizens in Action v. New Jersey Department of Environmental Protection

145 F. Supp. 2d 505 · District Court, D. New Jersey · May 10, 2001

Ash the plaintiff must establish that Congress intended the remedy. … Hawaiian Homes Comm’n, 739 F.2d 1467, 1470-71 (9th Cir. 1984) (concluding that plaintiffs could bring § 1983 action because the statute at issue clearly mandated that the trust at issue be established for benefit of Hawaiians