Case law

STATE OF NEW JERSEY VS. JOHN C. VAN NESS (13-01-0208, MONMOUTH COUNTY AND STATEWIDE)

450 N.J. Super. 470 · New Jersey Superior Court Appellate Division · Jun 2, 2017

Sarno testified that Harris failed to follow the established anti-theft procedures when defendant made purchases on these two days. … Although not clearly stated, we presume the trial judge expected to hear argument on this motion at the day of sentencing.

Matter of Jobes

108 N.J. 394 · Supreme Court of New Jersey · Jun 24, 1987

If a once-competent patient in a persistent vegetative state has not clearly expressed his or her wishes about the termination of treatment, his or her family is remitted to the substituted-judgment approach. … Hospitals that cannot afford or attract a bio-ethicist could, nonetheless, authorize the establishment of an ethics committee.

Erdmann v. Board of Education

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

Silvestre v. Bell Atlantic Corp.

973 F. Supp. 475 · District Court, D. New Jersey · Aug 21, 1997

With regard to the second element of his prima facie case, establishing that the plaintiff was qualified, the Court finds that Silvestre has met the threshold of proof required. … Silvestre first argues that he was qualified to remain with BAC and that his performance was satisfactory.

JOHN E. SUSKO VS. BOROUGH OF BELMAR (L-1427-15, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 22, 2019

[P]lacement of a comma after "laws of this State" and before the word "or" divides the clause into two separate, independent phrases that do not act to modify nor qualify one another. … Clearly, defendants' contrary interpretation renders the terms "deprive" and "interfere" indistinguishable, yet they are clearly different in meaning.

De Rosa v. Director, Division of Taxation

28 N.J. Tax 256 · New Jersey Tax Court · Jan 22, 2015

De Rosa had reasonable cause for under-reporting his New Jersey inheritance tax liability for the purpose of qualifying for the Tax Amnesty Program. Whether a plaintiff establishes reasonable cause “turns on the facts.” … That is clearly not the situation presented to the court in this matter.

BRIAN E. KILLION VS. CHRISTOPHER R. FREDRICKS (L-1282-16, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 21, 2019

It agreed that defendant was "immune from suit because [of] the Tort Claims Act [TCA] and due to qualified immunity." Ibid. … The trial court also found plaintiff was "protected by qualified immunity because he is not a government official."

CARLTON HOCUTT III VS. MINDA SUPPLY COMPANY (L-6537-17, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 7, 2020

Additionally, prong two is clearly established. Hocutt's work at Minda was "essentially that of the special employer" because his assigned tasks were directly related to Minda's dry cleaning warehouse business. … In particular, N.J.S.A. 34:8-72(b) expressly extends statutory immunity from suit to companies that hire or lease workers from employee leasing companies.

Shaw v. Riverdell Hospital

150 N.J. Super. 585 · New Jersey Superior Court Appellate Division · May 19, 1977

I It is a well established and highly cherished principle of Anglo-Saxon law that a citizen has a right to be free from compulsory self-incrimination. Malloy v. … Clearly, then, the motion to stay the trial of the Biggs case and the motion to stay discovery in the Shaw case were prematurely filed.

Toscony Provision Co., Inc. v. Block

538 F. Supp. 318 · District Court, D. New Jersey · May 3, 1982

The plaintiffs argued that the Secretary must allege and establish that the termination of services is necessary to insure that unwholesome meat is not introduced to the stream of commerce; the purpose of the *321 Act. … Contrary to constitutional right, power, privilege, or immunity; C. In excess of statutory jurisdiction, authority, or limitations, or short of statutory right; D. Without observance of procedure required by law; E.

State v. Marsh

290 N.J. Super. 663 · New Jersey Superior Court Appellate Division · May 30, 1996

On the municipal court level, plea agreements are permitted, subject to Guidelines established by the Supreme Court. R. 7:4-8(a). … The promise clearly violated Guideline 4, and undermined its purpose of preserving public confidence that a meritorious DWI offense will not be bargained away.

Boehringer Ingelheim Animal Health, Inc. v. Schering-Plough Corp.

984 F. Supp. 239 · District Court, D. New Jersey · Oct 6, 1997

Claim 1 clearly denotes “swine infertility and respiratory syndrome virus, ATCC-VR2332” as the virus upon which it focuses its attention. … While loss of goodwill may qualify as irreparable harm, (see Bio-Technology General Corp. v.

Schlichtman v. NJ Highway Auth.

243 N.J. Super. 464 · New Jersey Superior Court Appellate Division · Apr 10, 1990

Concededly, justice is not qualified by the monetary importance or insignificance of the controversial issue. That quote is from Series Publishers, Inc. v. Greene, 9 N.J. … Hanover Township, 58 N.J. 410, 414 , 278 A. 2d 200 (1971) (relating to interspousal immunity in a tort action).

Hunterdon County Democrat, Inc. v. Recorder Publishing Co.

117 N.J. Super. 552 · New Jersey Superior Court Appellate Division · Dec 10, 1971

The Review disputes this and contends it is qualified to publish official advertising. … It is true, of course, that the office ought to be more than a nominal one established solely to meet the requirement of the statute.

Estate of Cills v. Kaftan

105 F. Supp. 2d 391 · District Court, D. New Jersey · Jun 29, 2000

Cills clearly had a particular vulnerability to suicide because of his long-standing mental illness and prior suicide attempts. … It is unknown whether a qualified professional would have reached a similar conclusion.

Camden Safe Deposit Trust Co. v. Green

124 N.J. Eq. 221 · New Jersey Court of Chancery · Sep 12, 1938

Green fail to satisfactorily explain the charges and his utter failure to establish a valid consideration for the note and bond. … Fraud perpetrated by means of a judgment is no more entitled to immunity than a fraud perpetrated by means of a deed or mortgage. Jones v. Naughright, 10 N.J. Eq. 298 .

DD v. New Jersey Div. of Developmental Disabilities

351 N.J. Super. 308 · New Jersey Superior Court Appellate Division · May 31, 2002

s cortical dendritic synapses were destroyed, she was not qualified to testify as a neurologist or to render strictly neurological opinions. … We, therefore, do not reach the merits of the second contention, i.e., that the uncontroverted evidence clearly establishes his eligibility for the Division's services. A step-by-step analysis is required.

DEJESUS v. DAVIS

District Court, D. New Jersey · Oct 1, 2024

Dejesus were able to make out an alleged constitutional violation, the Court finds it likely that Officer Davis would have a defense of qualified immunity. … Pinkston, 2020 WL 4251485, at *S (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Maressa v. New Jersey Monthly

89 N.J. 176 · Supreme Court of New Jersey · May 6, 1982

This litany of protected activities was clearly intended to afford complete and pervasive security against disclosure. … An absolute Shield Law privilege gives newspersons less than absolute immunity from suit.

Resorts International, Inc. v. NJM ASSOCIATES

180 N.J. Super. 459 · New Jersey Superior Court Appellate Division · Jul 1, 1981

As to the requirement for relevance, clearly the basis upon which such charges are founded qualifies. … Both bear critically on the establishment of facts needed by plaintiffs to establish defendants' malice and lack of good faith.