Case law

Parsons v. United States Postal Service

380 F. Supp. 815 · District Court, D. New Jersey · Jun 11, 1974

In so doing, the policy was established that delivery to new areas which qualify for “city delivery” should normally be by motorized carrier to curb-line or “cluster boxes”; door-to-door delivery was limited to homes with … The determination to deliver on a door-to-door or “cluster box” basis is clearly aimed at achieving the most efficient use of postal employees.

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.

Patton v. Texas Co.

13 N.J. Super. 42 · New Jersey Superior Court Appellate Division · Apr 4, 1951

The proofs, however, show clearly that the step structure was part of the premises demised. The determinative facts are revealed in the parties’ own statements of the extent of the leasehold. … The landowner’s immunity is no different whether the condition is deemed a nuisance or not.

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.

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.

Ultcht v. Ultcht

96 N.J. Eq. 583 · New Jersey Court of Chancery · Oct 15, 1924

The letter of August 11th from her father clearly indicates that there had, for a long time before, been some effort on the part of the husband to secure a meeting with his wife. … Legal proceedings are carried on under established rules of procedure, and any individual is entitled to object to a judgment or decree being entered against him except in accordance therewith.

Radin v. Bartolomei

195 N.J. Super. 626 · New Jersey Superior Court Appellate Division · Apr 18, 1984

. *629 The following additional facts were established at the hearing before the court on the above-mentioned date. … Clearly the defendant herein is not the type of senior citizen contemplated by the tenancy act. She is financially capable of relocating.

DAVIS v. YATES

District Court, D. New Jersey · Feb 3, 2020

“The doctrine of qualified immunity protects government officials from Siability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “[I]fa reasonable [official] is not on notice that his or her conduct under the circumstances is clearly unlawful, then application of qualified immunity is appropriate.” /d.

State v. Williams

189 N.J. Super. 61 · New Jersey Superior Court Appellate Division · Mar 14, 1983

The Middlesex County CETA is the agency representing a geographic unit eligible under federal legislation to receive monies for the purpose of providing employment and training to qualified persons. … The proofs at the trial clearly demonstrated that defendant hired noncertified individuals who were allowed to work less than 40 hours a week.

MAGLIOLI v. ANDOVER SUBACUTE REHABILITATION I

District Court, D. New Jersey · Aug 12, 2020

immune (a slip and fall at a medical facility). … The plain language may be set aside only if strict application would produce an absurd result, one that is clearly contrary to legislative intent.

Condus v. Howard Savings Bank

986 F. Supp. 914 · District Court, D. New Jersey · Dec 4, 1997

record that can qualify as a business record. … Also, Howard itself considered Speer to be well qualified to make a trustworthy and accurate assessment. Mr.

FORD v. WARDEN RICHARD SMITH

District Court, D. New Jersey · Dec 16, 2022

“[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.

Beck v. Tribert

312 N.J. Super. 335 · New Jersey Superior Court Appellate Division · Jun 15, 1998

Scheming Corp., 141 N.J. 16 , 660 A.2d 1153 (1995), clearly indicate that CEPA does not apply to post-employment retaliatory negative references. … Sharp Electronics Corp., 116 N.J. 739, 751-52 , 563 A.2d 31 (1989). *353 Plaintiffs claim here clearly fails for lack of sufficient evidence.

RAMNANAN v. KEIFFER

District Court, D. New Jersey · Mar 28, 2023

The Third Circuit recognizes two kinds of immunity under § 1983: qualified immunity and absolute immunity. Yarris v. County of Delaware, 465 F.3d 129, 135 (3d Cir. 2006). … Mar. 30, 2021) (“It is long established that under New Jersey law . . . prosecutorial immunity is not absolute like its federal counterpart.”).

United States v. Joint Meeting of Essex & Union Counties

997 F. Supp. 593 · District Court, D. New Jersey · Mar 9, 1998

After reviewing the qualifications submitted by vendors, establish a list of responding vendors and designate those vendors which are qualified to provide the wastewater treatment service, (Id at 58:27-7); 4. … The Agreement clearly states a fixed term of duration and should be construed as such.

State v. Swed

255 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Mar 30, 1992

This charge properly established the permissive inference here and clearly set forth that it was to be drawn upon facts established by the prosecutor beyond a reasonable doubt. … Moreover, the judge clearly indicated that the jury was free to accept or reject the inference.

City of Long Branch v. Monmouth Medical Center

138 N.J. Super. 524 · New Jersey Superior Court Appellate Division · Jan 27, 1976

The evidence established that the substantially lower rentals charged by the Center to the resident physicians, interns and nurses served as a subsidy to attract qualified people to its staff. … In order to qualify for an exemption under N.J.S.A. 54:4-3.6, the building must be "actually and exclusively used" for exempt purposes.

United States v. Lewis

862 F. Supp. 1277 · District Court, D. New Jersey · Sep 29, 1994

Also, defendant would seek to establish that the 1981 Armed Robbery Conviction was constitutionally invalid because there was not a sufficient factual basis to support the charge that the offense qualified as an “armed robbery … Similarly, the language of that version of the Application Note was devoid of any clearly stated intention that the Guidelines authorize such collateral attacks.

Redstrake v. Townsend

39 N.J.L. 372 · Supreme Court of New Jersey · Jun 15, 1877

This doctrine is very clearly stated by Lord Coke, in his annotations on Littleton. 1 Inst. 21, a. … The rule thus established is universal; it has no • exceptions, and as the statute hints at none, it is impossible for the court to interpolate any.