Case law

WRIGHT v. COUNTY OF CAMDEN

District Court, D. New Jersey · Dec 11, 2023

to qualified immunity. … The qualified immunity standard “gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law,” neither of which the Court finds here. Hunter v.

Alexiou v. Brad Benson Mitsubishi

127 F. Supp. 2d 557 · District Court, D. New Jersey · Dec 26, 2000

The Supremacy Clause Congress clearly has the power to preempt state laws where it chooses to do so. U.S. CONST., Art. 6, cl. 2. … The loan contracts at issue here qualify as "consumer notes” within the meaning of the NJRISA, and therefore are subject to this state law. See N.J. Stat. § 17:16C-38.2. 4 .

Silver v. Board of Review

430 N.J. Super. 44 · New Jersey Superior Court Appellate Division · Mar 21, 2013

And, Beaunit Mills built upon a foundation laid down by the Supreme Court in Bogue, the rationale of which hinged upon the incongruity of allowing benefits to “a group of employees [who] deliberately violate a [clearly important … Such a result would be absurd and clearly contrary to the legislative intent, as expressly set forth in the Governor’s Conditional Veto Message. S1813, L. 2010, c. 37.

Stern v. Stern

66 N.J. 340 · Supreme Court of New Jersey · Jan 23, 1975

Once it is established that the books of the firm are well kept and that the value of partners’ interests are in fact periodically and carefully reviewed, then the presumption to which we have referred should be subject to … These now customary usages of the concept of vesting are clearly in no way relevant to the question of effecting an equitable distribution upon the occasion of a divorce.

Unemployed-Employed Council of New Jersey, Inc. v. Horn

85 N.J. 646 · Supreme Court of New Jersey · Apr 22, 1981

II The Office of Administrative Law (OAL) was established by L.1978, e. 67, N.J.S.A. 52:14F-1 et seq., to be effective on January 6, 1979. … Therefore, it is clearly to be regarded as the “head of the agency” within the terms and intendment of the exclusionary provision of N.J.S.A. 52:14F-8(b).

Community Hosp. Group v. More

365 N.J. Super. 84 · New Jersey Superior Court Appellate Division · Dec 29, 2003

Plaintiff contends that the reference in these provisions to "one" year is clearly a typographical error. … access to other qualified neurosurgeons within that area.

State v. Doliner

96 N.J. 236 · Supreme Court of New Jersey · May 31, 1984

the likelihood that any offense has been committed, see In re Addonizio, 53 N.J. 107, 124-27 (1968); *250 they may grant the witness immunity and use the court’s contempt power to force compliance with the immunity order … We find those policies clearly met with respect to defendants’ records, which they seek to have returned without affording government investigators access.

Angelini v. Township of Upper Freehold

8 N.J. Tax 644 · New Jersey Tax Court · Jan 13, 1987

The purposes of the Farmland Assessment Act would clearly be frustrated if a change from agricultural use to non-use did not constitute a change in use, and the Legislature could not have intended such a result. … Taxpayer also argued that, in any event, no change in use was established and that the most that could be factually determined was that the land was inactive.

Irvington General Hsp. v. Dept. of Health

149 N.J. Super. 461 · New Jersey Superior Court Appellate Division · May 2, 1977

The judiciary clearly has no authority to direct the Governor to remove the Commissioner and members of the Health Care Administration Board whom he has appointed, and has no jurisdiction to remove them directly. N.J. … The Commissioner and members of the Board were immune from suit since all of the actions alleged as the basis for the complaint *470 were discretionary and constituted administrative action or inaction of a judicial nature

State v. Metropolitan Iron and Steel Co.

62 N.J. Super. 412 · New Jersey Superior Court Appellate Division · Jun 20, 1960

The evidence sufficiently establishes the foundation for a reasonable inference that the Lowe scales were accurate on January 25, 1960. … Clearly implied here is the idea that the weighing must take place before this further driving movement can be ordered.

Dock Watch Hollow Quarry Pit v. Tp. of Warren

142 N.J. Super. 103 · New Jersey Superior Court Appellate Division · May 6, 1976

The judge concluded that the testimony as to the alleged detrimental effects upon the neighboring residents had failed to establish the necessity for such restrictions and that the quarry had carried its burden of establishing … For this reason also, the provisions fail, in my view, to qualify as proper exercise of the police power.

In re for Certificate of Public Convenience

134 N.J. Super. 500 · New Jersey Superior Court Appellate Division · May 27, 1975

A. 48:13A-4; to establish franchise areas, N. J. 8. A. 48:13A-5; to issue certificates of public convenience and necessity to persons found qualified, N. J. 8. … Legislature intended that the .Board should apply to this industry the same general standards, practices and procedures applicable to the regulation of other utilities, to the extent practicable and except where the statute clearly

Heller v. Ticknor

86 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Feb 19, 1965

The Legislature alone may determine the duties and the interrelation of the public posts it establishes or authorizes to be established. … Under the circumstances, the first alternative is clearly preferable.

Judah v. GENERAL SUPERMARKETS, INC.

99 N.J. Super. 389 · New Jersey Superior Court Appellate Division · Mar 7, 1968

The issues involved in this appeal are: (1) is an award of temporary disability benefit and medical expenses a final judgment which can be appealed to the county court, and (2) does the record before the Division establish … Clearly, it deals with the final disposition of the issues raised in a proceeding.

Jorgensen v. Pennsylvania Railroad Co.

38 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Dec 5, 1955

Defendant claims immunity on the theory of privilege. If any privilege existed, it did not reach the height of an absolute one. Cf. Rainier's Dairies v. Raritan Valley Farms, Inc., 19 N.J. 552 (1955). … But in our view, the circumstances establish a case of qualified privilege, which is said to arise: *344 "* * * where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of

National Ass'n for the Advancement of Colored People, Newark Branch v. Town of Harrison

749 F. Supp. 1327 · District Court, D. New Jersey · Nov 5, 1990

However, I do not believe that such experts are needed in the circumstances of this case to establish that there is a marked disparity between the pool of qualified black applicants for municipal jobs in Harrison and the … and 31.8% of the service workers. 6 This establishes conclusively that there are available outside of Harrison and within Harrison’s labor market a pool of Black persons fully qualified to perform the functions of clerk

Farneski v. County of Hunterdon

916 F. Supp. 2d 573 · District Court, D. New Jersey · Jan 9, 2013

Farneski does not clearly state which acts he considers to be retaliation for reporting the grand jury violation. … Defendants have not presented a qualified immunity defense. As qualified immunity is *582 an affirmative defense, the Court will not discuss it here. Eddy v. V.I. Water & Power Auth., 256 F.3d 204, 209 (3d Cir.2001). .

State v. Alexander

233 N.J. 132 · Supreme Court of New Jersey · Apr 30, 2018

The New Jersey Code of Criminal Justice provides that an offense is a lesser-included offense if: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged … N.J.S.A. 2C:1-8(d)(3), and must be established by proof of more facts than those needed to establish "bodily injury," cf. N.J.S.A. 2C:1-8(d)(1).

Smith v. Oxford Iron Co.

42 N.J.L. 467 · Supreme Court of New Jersey · Nov 15, 1880

The general rule which gives immunity to-the superior, results from considerations of justice, as well as of policy. … It is clearly shown that it was a highly-dangerous explosive, and that the- *475 proper manner of using it was not made known to the plaintiff, although printed instructions were in the possession of the company.

Buchanan v. Buchanan

75 N.J. Eq. 274 · Supreme Court of New Jersey · Feb 9, 1909

Such suits can be maintained only by the qualified personal representatives of the deceased. … Blunt, supra, it clearly appeared in a suit by a creditor of a decedent that the defendant was in possession, through a sale made by himself under a claim of ownership, of the proceeds of all the property of which his uncle