Case law

Rolle v. Rolle

219 N.J. Super. 528 · New Jersey Superior Court Appellate Division · May 15, 1987

The establishment of a rule of "merger" under Mangone invites an inequitable result. … Super. 382 (Ch.Div. 1982) are not inconsistent with this analysis since the interests deemed distributable therein were clearly acquired "during the marriage."

Tomkovich v. Public Service Coord. Transp.

61 N.J. Super. 270 · New Jersey Superior Court Appellate Division · May 2, 1960

We are confronted with a new facet of the problem of interspousal immunity under the Joint Tortfeasors Contribution Law, N.J.S. 2 A :53 A -1 et seq. … These cases, in the light of the expanded concept of interspousal immunity reflected by the Koplik case, supra, point to the correct solution here.

Blecker v. State

323 N.J. Super. 434 · New Jersey Superior Court Appellate Division · Jul 12, 1999

QMBs, in turn, fall into two groups: those who are not *543 poor enough to qualify for Medicaid ("pure" QMBs) and those whose level of financial need is so great as to qualify them for Medicaid ("dual eligibles"). .... … Appellees' arguments that Act § 4714 is new law, despite Congress' unambiguous title for that section, cannot override that deference, because those arguments incorrectly presume a clearly established meaning for Section

Roe v. Kervick

42 N.J. 191 · Supreme Court of New Jersey · Apr 20, 1964

Clearly the Constitution would stand in the way. … It applies to any individual, association or corporation qualifying for the financial assistance under the general standards established therein.

Watson v. City of Salem

934 F. Supp. 643 · District Court, D. New Jersey · Nov 9, 1995

With regard to the claim that Defendants refused to hire black police officers, Plaintiff, as is noted above, was clearly not the most qualified candidate for the new opening on the S.C.P.D. … Plaintiffs counsel’s failure to make a reasonable inquiry into the clearly established law on the issue of damages for emotional distress contributed to the unnecessary length of motion practice, delay and increase in litigation

Ingalls v. Florio

968 F. Supp. 193 · District Court, D. New Jersey · Jun 13, 1997

The County defendants argue that they are entitled to qualified immunity from plaintiffs’ RFRA claims because RFRA had not yet been enacted at the time of the eomplained-of events. … The Court will not reach the question of the County defendants’ qualified immunity because even under the RFRA standards no plaintiff has demonstrated a violation of his right to free exercise of his religion 4 Most plaintiffs

Liptak v. Rite Aid, Inc.

289 N.J. Super. 199 · New Jersey Superior Court Appellate Division · Apr 2, 1996

Liptak's alleged alcoholism was clearly not "a straightforward observation of a treating physician...." … Id. at 164 , 632 A. 2d 1264 . [7] The Clinic qualifies under the exception given the broad definition of the term "business."

State v. Sugar

84 N.J. 1 · Supreme Court of New Jersey · Jul 24, 1980

While under both statutes law enforcement officials enjoy a qualified immunity from prosecution, the statutes provide it only in an emergency involving national security or organized crime, 18 U.S.C.A. § 2518 (7); N.J.S.A … Both Soracco and Mazzeo testified under the same grant of immunity as granted to Tirelli.

The Trenton Potteries Co. v. Blackwell

137 N.J. Eq. 113 · New Jersey Court of Chancery · Sep 5, 1945

part, their successors and assigns, or any other person or persons claiming by, from or under them or any of them, subject to said condition herein contained, and that the said premises are free and clear and freely and clearly … Solicitous to protect itself against any eventual accountability, the complainant *Page 115 intends to deliver a qualified estate with a modified instead of a general warranty.

International Flavors & Fragrances, Inc. v. Taxation Division Director

5 N.J. Tax 617 · New Jersey Tax Court · Aug 4, 1983

The regulation does weak *629 en the force of defendant’s position that attributed ownership such as plaintiff seeks here must be clearly and unmistakably reflected in the statute. … Clearly plaintiff possesses 100% of the “ownership of investment” in IFF-France and IFF-Brazil directly and through its wholly owned subsidiary IFF-Holland.

Cooper Hospital University v. Prudential Insurance

378 N.J. Super. 510 · New Jersey Superior Court Appellate Division · Jun 27, 2005

Clearly, if Prudential qualified only under the amended section, it would be entitled to the relief it sought below because, pursuant to that section, PIP benefits are only provided “for any New Jersey resident who is not … The use of such conjunctive language as a segue into the original segment clearly indicates that qualifying insurers, such as Prudential, are subject to the broader obligations set forth therein.

Friends of Ahi Ezer Congregation, Inc. v. City of Long Branch

16 N.J. Tax 591 · New Jersey Tax Court · Jul 11, 1997

The well settled rule in New Jersey is that the party claiming an exemption has the burden of establishing that it is entitled to tax exempt status. … Clearly, the nursing home is not a synagogue as it is not set apart for public worship. More importantly, the nursing home is not an exempt entity.

Jamison v. Rockaway Tp. Bd. of Educ.

242 N.J. Super. 436 · New Jersey Superior Court Appellate Division · Jul 11, 1990

These, in addition to other reasons given by the expert, clearly demonstrate the pretextual nature of Fanning's rejection of Jamison. … opportunity to present evidence on that issue by a qualified expert.

Ryan v. Renny

203 N.J. 37 · Supreme Court of New Jersey · Jul 22, 2010

One Marlin Rifle, 319 N.J.Super. 359, 369 , 725 A.2d 144 (App.Div.1999) (finding error in trial court’s acceptance of nurse’s opinion testimony regarding specific identity and cause of condition “clearly ... constituted a … The trial judge was satisfied that, under the statute, the efforts that Ryan undertook were sufficient to establish good faith. We agree.

First Camden National Bank, C., Co. v. Wilentz

129 N.J. Eq. 333 · New Jersey Court of Chancery · Apr 26, 1941

In the latter case, commenting on its right to act in the matter, the court said: "But, although the power exists, it should be exercised cautiously and only where it clearly appears that the proposed alienation is clearly … Also, if the right to compromise were established, justification for any proposed settlement could be weighed and determined.

Nero v. Hyland

76 N.J. 213 · Supreme Court of New Jersey · May 10, 1978

policy against such inspection; and WHEREAS, Recognition of the necessity for the protection of such files in the public interest is clearly established, having, inter alia, been set forth in Supreme Court Rule R. … Furthermore, the Governor, as chief executive, must be accorded a qualified power to protect the confidentiality of communications pertaining to the executive function.

Berko v. Freda

93 N.J. 81 · Supreme Court of New Jersey · May 9, 1983

Moreover, such an accidental disability is not easily established; the disability must be clearly proved and strictly tied to employment. See Korelnia v. … The line between "independent causes" arising out of the performance of duties and those that are not cannot be clearly drawn. See, e.g., Lipson v.

Schummer v. Black Bear Distribution, LLC

965 F. Supp. 2d 493 · District Court, D. New Jersey · Aug 15, 2013

To establish a prima facie case for discrimination, the plaintiff must show that (1) he is disabled, (2) was objectively qualified for his position, (3) was terminated, and (4) the employer sought to or actually did fill … his position with a similarly qualified person.

Skolski v. Woodcock

149 N.J. Super. 340 · New Jersey Superior Court Appellate Division · Apr 11, 1977

The judge also held that while N.J.S.A. 11:22-7 limited the eligibility of applicants for positions and employment in the classified service to qualified residents of the county in which the service is to be rendered and … Such a construction is clearly contrary to the equity and spirit of the Civil Service Act. Cf. 2A Sutherland, *346 Statutory Construction (4 ed. Sands, 1973) §§ 54.01 and 54.08; Terminal Const. Corp. v. Atlantic Cty.

Stich v. United States

565 F. Supp. 1096 · District Court, D. New Jersey · Feb 8, 1983

Stich’s medical records simply never established a basis for such a finding. Mrs. Stich’s condition is, as her medical records so clearly demonstrate, overwhelmingly a central nervous system disease. … The evidence clearly establishes that it is approximately 85% probable that the plaintiff had HSE, because of the strong focalization factors and other evidence. *1116 When Mrs.