Case law

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.

Erdmann v. BD. OF EDUC. UNION CTY. REG. HIGH SCH.

541 F. Supp. 388 · District Court, D. New Jersey · Jun 3, 1982

Olinkraft, Inc., 556 F.2d 1219, 1221 (5th Cir. 1977) (plaintiff contended that "... her employer had an established policy or practice of promoting to better paying jobs over qualified women, men with less seniority."), Reed … Twp. of Hopewell noted that a state's concept of its own sovereign immunity is essentially irrelevant to limitations under § 1983, since whether or not a state waives its sovereign immunity— as New Jersey has by means of

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.

RICHARD UNDERHILL VS. BOROUGH OF CALDWELL (L-1631-17, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 21, 2020

To the contrary, the language in the lease agreement in this case more clearly delegates to the tenant the duty to remove snow and ice. … Div. 1998), Judge Dreier questioned the wisdom of the breadth of the snow and ice immunity, but neither the Court nor the Legislature have limited the immunity nor extended the Bligen exception any further to date.

Hunter v. Hunter

64 N.J. Eq. 277 · New Jersey Court of Chancery · Nov 12, 1902

Sometimes she qualifies the expected answer to a leading question in a very suggestive way. This leading question was put, “And have you been keeping a boarding-house since you came here to reside?” … With practical immunity against prosecution for perjury, he testifies under the same constraining influence of his great interest, and under the same temptation to- deceive himself and the court under which the complainant

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.

State v. Hunter

194 N.J. Super. 177 · New Jersey Superior Court Appellate Division · Mar 27, 1984

An offense is so included when: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the … If the present case is to qualify under this provision, it must be pursuant to 2C:l-8d(l), as an offense which establishes “less *180 than all the facts required to establish ... the offense charged.”

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

Lichtman v. Ridgewood Bd. of Ed.

93 N.J. 362 · Supreme Court of New Jersey · Jun 20, 1983

See N.J.A.C. 6:3-1.10(k)(30) (establishing additional categories under specific certificates). … N.J.A.C. 6:3-1.10(b) establishes the means of calculating seniority.

Gilbert v. Gladden

87 N.J. 275 · Supreme Court of New Jersey · Jul 29, 1981

We disagree, at least as regards the immunity of Miller and Gladden. … If immunity did attach, it is conceivable that legislative action that is executed by legislative employees would be immune from judicial review in spite of its effect on individual rights.

LYAK v. CITY OF HACKENSACK

District Court, D. New Jersey · Mar 5, 2025

Qualified Immunity “The principles of qualified immunity shield an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law,” Pearson v. … “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

East Penn Sanitation, Inc. v. Grinnell Haulers, Inc.

294 N.J. Super. 158 · New Jersey Superior Court Appellate Division · Sep 26, 1996

Furthermore, plaintiff clearly failed to qualify for a temporary registration under N.J.A.C. 7:26-16.5(c), because there is no evidence that the issuance of such a registration was required "to prevent or ameliorate a hazard … It is also generally recognized that it is not tortious interference to cause "the nonperformance of an illegal agreement or an agreement having a purpose or effect in violation of an established public policy."

GAMBINO v. AHSA CASSANO

District Court, D. New Jersey · Mar 30, 2021

“[O]fficers are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established … The Court denies qualified immunity at this time.

Vavoulakis v. New Jersey Division of Taxation

12 N.J. Tax 318 · New Jersey Tax Court · Feb 11, 1992

Thus, only residents with separate, not shared, facilities qualify. … Clearly, on this point, the Director offers the only suitable construction.

Shelton v. Restaurant.com, Inc.

214 N.J. 419 · Supreme Court of New Jersey · Jul 9, 2013

] businesses from offering or using provisions in consumer contracts, warranties, notices and signs that violate any clearly established right of a *432 consumer.” Ibid. … In other words, the proposed legislation did not recognize any new consumer rights but merely imposed an obligation on sellers to acknowledge clearly established consumer rights and provided remedies for posting or inserting

In Re Harvard Industries, Inc.

324 B.R. 238 · United States Bankruptcy Court, D. New Jersey · Feb 28, 2005

Pursuant to the Plan, certain assets and causes of action were assigned to various trusts that were to established under the Plan. … That limited focus is misplaced given that the plain language of the statute clearly provides that product liability also includes damages from loss of the use of property.

Board of Education of Township of Willingboro v. Employees Ass'n of Willingboro Schools

178 N.J. Super. 477 · New Jersey Superior Court Appellate Division · Apr 22, 1981

It is to be observed at the outset that the parity clause involved the health insurance benefit program, a clearly negotiable condition of employment. … The contract in question qualifies for arbitration. The only period in question commenced February 1, 1978 and concluded June 30, 1978, entirely before the pronouncement in Plainfield. Affirmed.