Case law

Benton v. State

59 N.J.L. 551 · Supreme Court of New Jersey · Nov 15, 1896

The charges made by this article are so clearly within the range of criminal libel, as thus defined, that further discussion on this point seems unnecessary. … ” for the reason that the answer might tend to establish an entire absence of malice.

Jamouneau v. City of Newark

25 N.J. Misc. 345 · New Jersey Tax Court · Jun 10, 1947

The Division of Tax Appeals of the Department of Taxation and Finance is not such a qualified judicial body as to pass upon the constitutionality of an act of the legislature. … Such is the remedy that was available to the petitioner and the authority for such a procedure is clearly set forth in the case of Shea v. Ellenstein et al., 118 N. J. L. 438; 193 Atl. Rep. 551 .

STEVEN KADONSKY VS. STEVE C. LEE (Division of Consumer Affairs)

New Jersey Superior Court Appellate Division · Oct 31, 2017

That premise cannot withstand the application of established principles of statutory construction. … A review of extrinsic evidence similarly establishes the mandatory nature of N.J.S.A. 24:21-3(c).

Winship v. Winship

16 N.J. Eq. 107 · New Jersey Court of Chancery · Feb 15, 1863

The guilt of the defendant is clearly *108 proved. … The wife qualifies, without denying the substance of the charge of collusion to obtain the divorce.

Kuser v. Wright

52 N.J. Eq. 825 · Supreme Court of New Jersey · Nov 15, 1894

of directors legally qualified to conduct its affairs. *828 That such a result justly or legally flows from these premises •cannot be conceded. … As to the public, Bell was clearly a director defacto, and the corporation was represented in the affair before us by three •directors, as required by the statute.

State v. Clothier

30 N.J.L. 351 · Supreme Court of New Jersey · Nov 15, 1863

But the practice is well established, has been found to be a safe and effectual remedy, and has been recognized by legislative enactments. … That so much as was taken off by the commissioners was illegal, is now clearly established, and we are thus relieved from the necessity of inquiring into the regularity of the certificate.

City of East Orange v. Gilchrist

41 N.J. Super. 362 · New Jersey Superior Court Appellate Division · Aug 31, 1956

Gilchrist, who duly qualified as executrix of such will. … The option right of the city in nowise depends upon such notice, assuming that the fulfillment of the prime condition may otherwise be established.

Lancellotti v. Maryland Cas. Co.

260 N.J. Super. 579 · New Jersey Superior Court Appellate Division · Dec 11, 1992

Plaintiffs were entitled to insure the earnings and contents as individuals since, clearly, they had an insurable interest in their own business. … Lancellotti is not a qualified expert and because of the previous orders requiring production of experts' reports.

SMITH v. D'ILIO

District Court, D. New Jersey · Jun 23, 2025

“‘[T]he judicially created doctrine of qualified immunity’ shields governmental officials from suit and from liability if their conduct ‘does not violate clearly established statutory or constitutional rights of which a … The first prong of qualified immunity asks, “whether the facts, as viewed in the light most favorable to the plaintiff, show the violation of a legal right,” and the second prong asks, “whether that right was clearly established

Katz v. Township of Howell

68 N.J. 125 · Supreme Court of New Jersey · Jul 28, 1975

There is no express finding, as also directed by our order, as to the totality and permanency of the ultimate disability, but the affirmative is clearly implied. 4. … Judge, of Compensation did not cite this condition as one of the prior qualifying disabilities in his original determination. '

Caruso v. United States

236 F. Supp. 88 · District Court, D. New Jersey · Nov 25, 1964

Legal expenses particularly qualify under this preservation theory of business deductions. … Clearly, on the facts before this court, Caruso was protecting his eligibility status.

State v. Ehlers

98 N.J.L. 236 · Supreme Court of New Jersey · Nov 20, 1922

So we are brought face to face with the naked proposition, must a verdict of murder in the first *244 degree, where the facts of the murder are clearly proved or admitted, and establish a. willful, deliberate and premeditated … condition, and the doctor had not qualified as an alienist.

United States v. Addonizio

313 F. Supp. 486 · District Court, D. New Jersey · Apr 30, 1970

He argues that, as a result of such violations (1) he must be accorded immunity from prosecution, or (2) the indictment must be dismissed. … This defendant was neither offered nor granted immunity from prosecution by either New Jersey or the United States.

DALAL v. MOLINELLI

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

immunity, because it was not clearly established, at the time of the events in the complaint, that the allegations in the complaint would violate the Constitution.” … Nov. 4, 2010) (“[I]f the police used excessive force to arrest Plaintiff without probable cause and then maliciously prosecute him, qualified immunity will not protect Defendants as these are clearly

PRASS v. STATE OF NEW JERSEY- DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jan 19, 2023

To meet his initial burden, a plaintiff must demonstrate that “(1) [he] belongs to a protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action despite being qualified … Supp. 2d 545, 550 (D.N.J. 2002) (“Although the NJLAD clearly identifies the State as a potential defendant, see N.J. Stat.

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.

State v. Commissioner of Railroad Taxation

38 N.J.L. 472 · Supreme Court of New Jersey · Jun 15, 1875

Such extraordinary power could only be conferred by express terms, most clearly stated. No such construction can be given to this law by implication. … They claim exemption only from all taxation by the general tax laws; that they have entire immunity from additional burdens until the legislature, by express enactment, shall chango the mode in which they are to be assessed

In Re the Suspension or Revocation of the Certificate of Heller

73 N.J. 292 · Supreme Court of New Jersey · Jan 20, 1977

Several established pharmacists testified that they were much more guarded in such sales and made substantially fewer of them. … A minor point is the appellants’ contention that the three pharmacists who testified before the Board were not qualified as experts to establish a standard of professional conduct.

State v. Sima

142 N.J. Super. 187 · New Jersey Superior Court Appellate Division · May 28, 1976

One whose life is in real danger, as evidenced by serious threats or earlier attacks, may perhaps qualify within the latter category but one whose concern is with the safety of his property, protectible by other means, clearly … may not so qualify.