Case law

Ar Criscuolo & Assoc., Inc. v. Nj Dept. of Envir. Protection

249 N.J. Super. 290 · New Jersey Superior Court Appellate Division · Jun 28, 1991

The Corps was again contacted to confirm that the project still qualified under Nationwide Permit # 26. … As to the exemption, DEP merely stated that the project "clearly does not fall within the class of exempted projects...." This appeal followed.

Hk v. Dmahs

379 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Jul 29, 2005

Therefore, under the then existing income-based test, he qualified for Medicaid. … , and clearly in need of support.

Rogers v. Colt

21 N.J.L. 704 · Supreme Court of New Jersey · Jul 15, 1848

There is no other language in the instrument clearly shewing a different intent, by which the natural import of these terms is altered, or their effect qualified. 4. … If so, he clearly erred. The appropriate province of the court and of the jury are totally distinct.

Township of Princeton v. Bardin

147 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Feb 22, 1977

Such an objective clearly fulfills the "logical and reasonable basis" aspect of the General Electric standard. … The Legislature has spoken clearly in the act in favor of including within the State's definition of nonprofit organization the federal income taxation definition under § 501(c) (3).

DeSantis v. New Jersey Transit

103 F. Supp. 3d 583 · District Court, D. New Jersey · Apr 29, 2015

Sometimes, the but-for causation element may be established by the nature of the harassment itself. … Nabisco Biscuit Co., 224 F.Supp.2d 852, 865 (D.N.J.2002) (“Obviously, where conduct is clearly racial or racist in nature, the causal element will be satisfied.”). But DeSantis’s is not an allegation of that kind.

Progressive Cas. Ins. Co. v. Hanna

316 N.J. Super. 63 · New Jersey Superior Court Appellate Division · Nov 6, 1998

Clearly, defendant Hanna knew that his driver's license and, thus, his driving privileges were suspended. … its servicing carriers, to ascertain whether the applicant meets the qualifying provisions of the statute.

Long v. Township of Union & The Clinton Hill Cemetery Ass'n

79 N.J.L. 70 · Supreme Court of New Jersey · Oct 23, 1909

township of Union, county of Union, on March 18th, 1909, entitled “An ordinance granting the .consent and approval of the township committee of the township of Union *71 to the Clinton Hill Cemetery Association, to locate and establish … The testimony clearly shows that the trolley was to offer facilities for transportation to the inhabitants of this section of the township, irrespective of cemetery uses.

State v. Baynes

287 N.J. Super. 467 · New Jersey Superior Court Appellate Division · Aug 25, 1995

Specifically, "a defendant must `clearly and convincingly establish that the prosecutor's refusal to sanction admission into [a PTI] program was based on a patent and gross abuse of his discretion ' before a court [can] suspend … appears that the policy enunciated by the Monmouth County Prosecutor's Office concerning "stern punishment" for school zone offenses is not consistently followed and therefore should not be relied upon to deny this otherwise qualified

Graves v. Bloomfield Planning Bd.

97 N.J. Super. 306 · New Jersey Superior Court Appellate Division · Oct 19, 1967

It is, of course, well settled that it is presumed that the ordinance is valid and that the burden of proof is upon plaintiffs to establish its unreasonableness and invalidity. Vickers v. … The owner of *318 the lot in question clearly qualifies thereunder and, so far as zoning is concerned, is entitled to a building permit as a matter of right and the planning board properly so concluded.

WANG v. NEW JERSEY STATE POLICE

District Court, D. New Jersey · Jul 30, 2024

Genuine Dispute of Fact as to Qualified Immunity “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Id. at 432.

Sisler v. Gannett Co., Inc.

104 N.J. 256 · Supreme Court of New Jersey · Oct 21, 1986

Jeffries, 93 N.J. 533 (1983) (parental immunity inapplicable if parent willfully and wantonly failed to supervise child). … It is our conclusion that the plaintiff must establish defamation against defendants by establishing actual malice in the publication of the offending articles.

Wingate v. Estate of Ryan

149 N.J. 227 · Supreme Court of New Jersey · May 19, 1997

The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, except that the paternity established under this subsection is ineffective to qualify … To hold otherwise would grant heirship immunity to parents of children *240 who are born out of wedlock and do not establish parentage before reaching age twenty-three.

NORMAN v. CAMDEN COUNTY CORRECTIONAL FACILITY

District Court, D. New Jersey · Aug 13, 2019

of this Opinion, Defendants also request that this Court grant summary judgment on the basis of qualified immunity. … Qualified immunity protects government officials from liability as long as their conduct “‘does not violate clearly established statutory or constitutional rights of which a reasonable

McBride v. Heckler

619 F. Supp. 1554 · District Court, D. New Jersey · Oct 22, 1985

The AU denied plaintiff’s application for benefits on the following grounds: 1) Yvonne failed to qualify as a “child” of the wage earner under 42 U.S.C. § 416 (h)(2)(A) or (B); and 2) Yvonne did not qualify as a “child” under … Clearly, the AU failed in his duty with respect to the development of the decedent’s employment records.

Wanaque Borough Sewerage Authority v. Township of West Milford

144 N.J. 564 · Supreme Court of New Jersey · Jun 26, 1996

Pursuant to the Tucker Act, 28 U.S.C. §§ 1346 , 1491, Congress has waived sovereign immunity with respect to actions under express or implied contracts. … The relationship among the parties to the WVRSA is defined clearly by statute.

Brodsky v. Grinnell Haulers, Inc.

181 N.J. 102 · Supreme Court of New Jersey · Aug 10, 2004

The Legislature clearly knew how to impose full responsibility on a defendant joined with an insolvent tortfeasor. … As the Appellate Division correctly noted, “Horsman was not statutorily immune from a negligence suit at the time of the accident----[and] only became immune after he discharged his debt in bankruptcy.”

ALFORD

District Court, D. New Jersey · Apr 20, 2026

“[F]or the defendants to succeed on a Rule 12(b)(6) dismissal based on absolute immunity … the defense must clearly appear on the face of the complaint.” Wilson v. … Plaintiff contends qualified not absolute immunity applies to administrative, executive or investigative acts by NJSPB, which includes Defendants interrogating him about his lawsuit, applying false factors to

Ramapo River Reserve Homeowners Ass'n v. Borough of Oakland

186 N.J. 439 · Supreme Court of New Jersey · Mar 13, 2006

It’s clearly not identical, but it’s as close as you can come. … Neither the Borough nor Baker disputes that the Homeowners Association qualifies as "qualified private community."

M.J. Ocean, Inc. v. Director, Division of Taxation

23 N.J. Tax 646 · New Jersey Tax Court · Feb 15, 2008

Acquisitions, supra, a condition to New Jersey’s waiver of sovereign immunity as to refund claims and thus is not subject to extension based on equitable considerations. … “The intent to waive need not be stated expressly, provided the circumstances clearly show that the party knew of the right and then abandoned it, either by design or indifference.” Ibid.

Matter of Estate of Branigan

129 N.J. 324 · Supreme Court of New Jersey · Aug 3, 1992

Fund A is a marital deduction trust designed to minimize estate taxes by establishing a Qualified Terminable Interest Property (“QTIP”) trust. … Further, the decedent clearly intended that his sons’ powers of appointment should be limited.