Case law

Super Tire Engineering Co. v. McCorkle

412 F. Supp. 192 · District Court, D. New Jersey · Apr 29, 1976

Regulations “Based on the foregoing statement of interpretation and policy, the following regulations are established: “4. … In lieu of such a provision the committee adopted language which clearly states that no person (neither a striker nor a nonstriker) need accept employment or training at a struck plant or site.

State v. Hyman

451 N.J. Super. 429 · New Jersey Superior Court Appellate Division · Aug 16, 2017

However, the proponent must establish "the field of inquiry ... [is] generally accepted such that an expert's testimony would be sufficiently reliable." … [The agent] was clearly qualified; that her credentials were established after she began her substantive testimony, rather than at its outset, did not affect [the defendant's] substantial rights."

ALLEN

District Court, D. New Jersey · Aug 12, 2026

Defendants contend that they “are immune from suit under the doctrine of sovereign immunity.” (Defs.’ Second Moving Br. 9.) … Moreover, “[a] public entity may net administer a licensing . .. program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability” or “establish requirements for the

TALOTTA, MD v. TROXELL,J.S.C.

District Court, D. New Jersey · Jun 5, 2025

To determine whether an act qualifies as a judicial act, courts look to “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether … Since Plaintiff has not established a likelihood of success on the merits, the Court need not consider the remaining three factors.

Interstate 78 Office Park, Ltd. v. Tewksbury Township

11 N.J. Tax 172 · New Jersey Tax Court · Apr 26, 1990

, the taxpayers cannot now be permitted to attempt to establish a totally different qualification; to wit: the breeding and sale of horses. … The fact that the assessor is directed to notify the owner of a denial by November 1 of the pretax year clearly manifests that the assessor must make his examination and determination and, if denied, the reasons therefor

Pineland State Bank v. PROPOSED FIRST NAT. BK., BRICKTOWN

335 F. Supp. 1376 · District Court, D. New Jersey · Oct 4, 1971

To begin with, federal law clearly permits the establishment by a national banking association of branch banks, § 36 of 12 U.S.C. providing: “(c) A national banking association may, with the approval of the Comptroller of … Moreover, a state clearly has no authority to prohibit the creation of a national bank or, once established, to confine or restrict its operations. As the Supreme Court put it, in Mercantile National Bank v.

MATHEW T. SULLIVAN v. BOARD OF REVIEW (BOARD OF REVIEW, DEPARTMENT OF LABOR)

New Jersey Superior Court Appellate Division · Mar 7, 2022

On April 26, 2020, during the COVID-19 pandemic, petitioner filed a claim for unemployment benefits, establishing a weekly benefit rate of $698. … You are not unemployed due to one of the qualifying reasons identified under the CARES Act.

DOTY v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Nov 25, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established … “The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.”

State v. Gargiulo

103 N.J. Super. 140 · New Jersey Superior Court Appellate Division · Oct 3, 1968

To qualify as such use, it was necessary that it be clearly incidental to and customarily found in connection with the principal use to which it is allegedly related. 1 Rathkopf, The Law of Zoning and Planning, at p. 23-1 … Every means of promoting the sale of products dispensed by a dealer does not, per se, qualify as a use clearly incidental to and customarily found in connection with the dealer's business.

State v. Jule Hannah

Supreme Court of New Jersey · Apr 16, 2026

The State initially sought to qualify Detective Leyman as an expert in historical cell site analysis. The prosecutor noted, “I have to qualify him as an expert in order for this testimony to come in.” … The trial judge responded that, while cell phone tower data alone does not establish location, it may do so in conjunction with other evidence.

Brown v. PORT AUTH. POLICE SUPER.

283 N.J. Super. 122 · New Jersey Superior Court Appellate Division · Jul 7, 1995

This analysis of the scope of Eleventh Amendment immunity from suit in the federal courts clearly has no bearing upon the *133 interpretation of the exclusion of public entities from the provisions of federal labor law enacted … City of Newark, 75 N.J. 84 , 380 A. 2d 268 (1977), this exclusion clearly has no applicability to a suit for money damages.

BAYER HEALTHCARE LLC v. SECOND STONE ENTERPRISES LLC

District Court, D. New Jersey · May 29, 2025

In other words, a lawsuit “does not qualify for... immunity if it ‘is a mere sham to cover... . an attempt to interfere directly with the business relationships of a competitor.’” Pro. Real Est. Invs., Inc. v. … See Hanover, 806 F.3d at 180 (explaining that there is no minimum number of cases to qualify as a pattern or series when determining what constitutes “sham litigation,” but four could qualify as “a series of filings”)

Doe v. Dover Tp.

216 N.J. Super. 539 · New Jersey Superior Court Appellate Division · Apr 13, 1987

One whose life is in real danger, as evidenced by serious threats or earlier attacks, may perhaps qualify within the latter category but one whose concern is with the safety of his property, protectable by other means, clearly … may not so qualify. [59 N.J. at 557].

State v. Maida

332 N.J. Super. 564 · New Jersey Superior Court Appellate Division · Jan 13, 2000

Here, we have all three of the prerequisite elements needed to establish the reliability and admissibility of the breathalyzer results. … He is an eminent expert and was qualified as such. He testified that he performed his own study and found HGN to be 87% accurate.

Rodriguez v. Wal-Mart Stores, Inc.

237 N.J. 36 · Supreme Court of New Jersey · Mar 4, 2019

The exact nature and etiology of this is not clearly known." … While not qualified as an expert in CRPS, 8 Dr.

Quality Botanical Ingredients, Inc. v. Triarco Industries, Inc. (In Re Quality Botanical Ingredients, Inc.)

249 B.R. 619 · United States Bankruptcy Court, D. New Jersey · Jun 16, 2000

“A statement made in the course of judicial, administrative, or legislative proceedings is absolutely privileged and wholly immune from liability.” Id. … In order to establish a claim for a preference, the debtor must establish that the transfer was: 1. To or for the benefit of a creditor; 2.

1530 Owners Corp. v. Borough of Fort Lee

135 N.J. 394 · Supreme Court of New Jersey · May 11, 1994

In contesting the use of the respective sales, taxpayer presented the testimony of an expert qualified as a real-estate appraiser (but not qualified as an expert on the Director’s sales-ratio studies) who testified concerning … Clearly a taxpayer has to do more than demonstrate a procedural irregularity to challenge an assessment successfully.

New Jersey State Bar Ass'n v. State

387 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Jul 26, 2006

Section 27 of the Act establishes the Medical Malpractice Liability Insurance Premium Assistance Fund within the Department of the Treasury and subsection (b) of § 27 creates a revenue source for the Fund. … The Fourteenth Amendment to the United States Constitution provides that: [n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive

Vazquez v. Ferre

404 F. Supp. 815 · District Court, D. New Jersey · Nov 19, 1975

Clearly, the failure of the Puerto Rican officials to perform any duties imposed upon them by federal or local law was action “under color of state law.” See Henig v. Odorioso, 385 F.2d 491, 494 (3d Cir. 1967). … The issue of sovereign immunity, therefore, need not be reached.

Atlantic City Racing Ass'n v. Attorney General

98 N.J. 535 · Supreme Court of New Jersey · Mar 27, 1985

Any law authorizing the establishment and operation of such gambling establishments shall provide for the State revenues derived therefrom to be applied solely for the purpose of providing funding for reductions in property … The type and number of such casinos or gambling houses and of the gambling games which may be conducted in any such establishment shall be determined by or pursuant to the terms of the law authorizing the establishment and