Case law

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

United States v. Arnold's Pharmacy, Inc.

116 F. Supp. 310 · District Court, D. New Jersey · Nov 13, 1953

The Motion to Dismiss The statute clearly is intricate. … Carriers are required to make, available for copying, records showing interstate shipments of suspected articles so that Federal jurisdiction can be established * * *.

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). .

Matter of Will of Adair

149 N.J. 591 · Supreme Court of New Jersey · Jun 27, 1997

Adair's executors elected to qualify that trust as a "qualified terminable interest property" (QTIP) under I.R.C. § 2056(b)(7). That election deferred the tax on the trust until Mrs. Adair's death. Mrs. … Section 2056(b)(7)(B)(i) of the Code defines "qualified interest trust property" as property 1) passing from a decedent to a surviving spouse, 2) in which the surviving spouse has a qualified interest for life, and 3) for

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).

Peters v. Township of Hopewell

534 F. Supp. 1324 · District Court, D. New Jersey · Mar 19, 1982

This conduct clearly was not sanctioned by State law. Nor is it sanctioned by the United States Constitution. … this act and in accordance with the fair and uniform principles established herein”.

Williams v. American Cyanamid

164 F.R.D. 615 · District Court, D. New Jersey · Feb 15, 1996

In March 1992, at the age of ten, Whitney was diagnosed with Acquired Immune Deficiency Syndrome (AIDS), an infectious, blood-borne and fatal disease for which there is no cure. … This Court disagrees with plaintiffs’ assertion that the Magistrate’s order deprives them of the necessary discovery to establish causation.

State v. Farinella

150 N.J. Super. 61 · New Jersey Superior Court Appellate Division · May 4, 1977

with representatives of the Attorney General's office and ultimately entered into an agreement whereby his corporation, Albert Scaletti, Inc., would plead guilty to a charge against it and Scaletti would be given personal immunity … A conspiracy is presumed to have continued as to each member of it until either the object of the conspiracy has been established or there is proof of an affirmative act of withdrawal as to one or more members thereof.

In Re Crowley

193 N.J. Super. 197 · New Jersey Superior Court Appellate Division · Jan 26, 1984

To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Clearly the Commission's conclusory statement was insufficient to satisfy the requirements that the administrative agency make specific findings.

DePinto v. Bayonne Board of Education

514 F. Supp. 2d 633 · District Court, D. New Jersey · Sep 17, 2007

The District Court granted summary judgment for the defendants based on qualified immunity. … immunity because the First Amendment rights of a grade schooler was not "clearly established,” the Seventh Circuit stated that taking into account the age of the student "does not mean that elementary school students are

In re State

427 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Feb 27, 2012

There was never, however, a corresponding move away from the traditional practice, clearly embraced by the nineteenth century courts, whereby potential jurors are not placed under oath, absent an extrinsically established … This court does not find that Rule 1:8-5 and N.J.S.A. 2B:20-4, by implication, place an absolute limit on that clearly established authority.

Sirkin v. Phillips Colleges, Inc.

779 F. Supp. 751 · District Court, D. New Jersey · Nov 20, 1991

It is also well established that Congress enacted ERISA in order to insure “the continued well-being and security of millions of employees” by “establishing standards of conduct, responsibility and obligation for fiduciaries … The court also held as a separate basis for recovery that the plan did not clearly limit the election period to sixty days.

KUKU v. BOHLER

District Court, D. New Jersey · Nov 22, 2024

Miller, Federal Practice and Procedure § 1350 (West 2024) (“The defense of qualified or judicial immunity has also been held to be properly raised via Rule 12(b)(6) rather than Rule 12(b)(1), although one can find courts … Clearly, Judge Katz is entitled to judicial immunity for claims related to the cost-of-living adjustment that he imposed on Plaintiff.

Gardens v. City of Passaic

130 N.J. Super. 369 · New Jersey Superior Court Appellate Division · Sep 27, 1974

Cherry Hill Tp., 42 N.J. 454, 464 (1964), plaintiffs bore the burden of establishing its invalidity. … Therefore the court will not determine if the current rents or the rents they are seeking to establish are within the ambit of the ordinance.

In Re Cendant Corp. Securities Litigation

109 F. Supp. 2d 285 · District Court, D. New Jersey · Aug 16, 2000

and had not submitted the lowest qualified bid, it would be given the opportunity to agree to the terms of what the Court had found to be the lowest qualified bid. … Lead Counsel assert that the 8.275% request “adheres precisely to the market-established fee grid, which the Court de *289 termined was the lowest qualified bid.”

City of Bayonne v. Marburger

100 N.J. Super. 87 · New Jersey Superior Court Appellate Division · Mar 18, 1968

an indebtedness whose annual debt service payments would establish an additional eligibility under the School Building Aid Law. … That act clearly reflected the concept of an annual tax effort by the State and by local school districts.

Brown v. United States

75 F. Supp. 2d 345 · District Court, D. New Jersey · Jul 26, 1999

However, we do not reach this question because [he] was clearly not prejudiced by any misstatements made by his attorney. … Career offender status requires two prior qualifying convictions. See note 1, supra.

In re Adoption of the 2003 Low Income Housing Tax Credit Qualified Allocation Plan

369 N.J. Super. 2 · New Jersey Superior Court Appellate Division · Apr 28, 2004

nonprofit organizations that are community-based within a qualified census tract. … But “some impact” is not enough to establish a prima facie case. Id. at 169, 588 A.2d 1227 .

In Re Peoples Bank of Montvale

111 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Jul 14, 1970

The case before us is clearly distinguishable on several grounds. … It now argues that the October 2 hearing for the purpose of qualifying Christensen actually constituted part of the application for the bank charter. Clearly, that is not so.