Case law

State v. Ivonne Saavedra (073793)

222 N.J. 39 · Supreme Court of New Jersey · Jun 23, 2015

Curtiss-Wright Corp., 204 N.J. 239 , 8 A.3d 209 (2010), immunized her conduct as a matter of public policy and prohibited the State from prosecuting her. … Consequently, “it is only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction that the duty of the prosecution arises.”

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.

Paul v. Ohio Cas. Ins. Co.

196 N.J. Super. 286 · New Jersey Superior Court Appellate Division · Oct 5, 1984

We are satisfied that Paul's attendants and the coordinator qualify as part of his psychiatric care, and as such constitute proper "medical expenses." … Where the testimony and the opinions in the record clearly establish that the attendants were necessary, and even recommended, there is no need for a formal written prescription.

Lamb v. Connecticut General Life Insurance

509 F. Supp. 560 · District Court, D. New Jersey · Mar 3, 1980

the concept of “qualified” pension plans. … Thus, there is nothing illegal or forbidden about establishing a plan that would otherwise fall within ERISA, for example, but that fails to qualify with its requirements.

Pappas v. Huezo

237 N.J. Super. 492 · New Jersey Superior Court Appellate Division · Jul 19, 1989

Therefore, since the unit on the first floor is used as a dental office by one of the plaintiffs, it does not qualify to exempt plaintiffs from the provisions of N.J.S.A. 2A:18-61.1. In the recent case of Durruthy v. … Super. 199 (App.Div. 1988), the court stated that the wording in the preliminary paragraph of N.J.S.A. 2A:18-61.1 (quoted above) is complementary to subparagraph 1(3) in which latter provision the statute clearly mentions

Exxon Corp. v. Hunt

4 N.J. Tax 294 · New Jersey Tax Court · Apr 23, 1982

At one point in its deliberations Congress debated establishing a fund of $4.1 billion for that purpose. … Clearly, the spill fund tax is valid in so far as such monies are used to satisfy these purposes.

Szczepanik v. DEPT. OF TREASURY

232 N.J. Super. 491 · New Jersey Superior Court Appellate Division · May 2, 1989

He is required to contribute a percentage of his gross annual pay over his employment period in order to qualify for it. … Mindful of the policy of that statute, as here interpreted, it should not be assumed that a resignation alone constitutes such a waiver of statutory rights unless it clearly and expressly so states.

State v. SMITH

102 N.J. Super. 325 · New Jersey Superior Court Appellate Division · Jun 28, 1968

The presence of a stenographer and the recording of testimony adduced before the grand jury is clearly of a permissive nature. State v. DiModica, 40 N.J. 404, 412 (1963). … Once the movant establishes a prima facie case of discrimination, i.e., a significant disparity between those qualified for jury service and those of the group actually on the jury lists, the burden of proof shifts to the

Walles v. Walles

295 N.J. Super. 498 · New Jersey Superior Court Appellate Division · Dec 4, 1996

Thereafter, defendant's counsel prepared a "Qualified Domestic Relations Order," pursuant to N.J.S.A. 2A:34-23. … In the present case, the motion judge set forth very clearly the basis of his decision.

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

Silver v. Commonwealth Trust Co.

22 N.J. Super. 604 · New Jersey Superior Court Appellate Division · Oct 17, 1952

Altogether, the decisions clearly evince a canon of discipline in the relation of banker and depositor that is founded upon necessity, and firmly established. … The authorities cited affirm this clearly.

ALLEN v. THE STATE OF NEW JERSEY

District Court, D. New Jersey · Dec 16, 2020

Voluntary removal of a matter to federal court alone does not qualify as an effective waiver of a State’s sovereign immunity. Id. at 198-99. Nothing in the New Jersey Supreme Court case cited by Plaintiffs (see Pl. … Here, Plaintiffs point to no specific litigation conduct other than Defendants’ voluntary removal of this matter to federal court to establish a waiver of Defendants’ sovereign immunity.

In Re Grand Jury Empaneled on April 6, 1993

869 F. Supp. 298 · District Court, D. New Jersey · Dec 6, 1994

But he cannot lawfully be compelled, in the absence of a grant of adequate immunity from prosecution, to condemn himself by his own oral testimony.” Id. at 123-24 , 77 S.Ct. at 1149 . … Less is required in establishing that evidence is what its proponent claims it to be____ The evidence which suffices to establish authenticity should be evidence that is relevant on the limited question of genuineness: that

Parker v. M & T CHEMICALS, INC.

236 N.J. Super. 451 · New Jersey Superior Court Appellate Division · Oct 30, 1989

The Whistle Blowers Act "serves an important, legitimate governmental purpose clearly within the State['s] police powers and deals with a direct and vital concern of the legislature...." Ibid. … , or to establish a defense to a criminal charge, civil claim or disciplinary complaint against the lawyer based upon the conduct in which the client was involved.

Hill v. New Jersey DepartMent of Corrections Commissioner

342 N.J. Super. 273 · New Jersey Superior Court Appellate Division · Jun 18, 2001

Post-traumatic stress disorder may qualify as severe emotional distress. Ibid. … Clearly, under N.J.R.E. 803(c)(25), the statement was admissible against Peterson as a statement against her interest.

Cooper v. Cape May County Board of Social Services

175 F. Supp. 2d 732 · District Court, D. New Jersey · Nov 27, 2001

Bright’s dissemination of work to him was clearly within the scope of her job responsibilities, and was subsequently approved by the DOP as consistent with her job responsibilities. … custom, or usage, of any State or Territory ... subjects, or causes to be subjected, any citizen of the United States or other person within the *743 jurisdiction thereof to the deprivation of any rights, privileges, or immunities

State v. George

108 N.J.L. 508 · Supreme Court of New Jersey · Feb 1, 1932

Mental irresponsibility, because proper judgment was not exercised, is not only not the test of legal insanity approved by our courts, but seems to us to include immunity for nearly all criminal acts of omission and commission … The verdict was clearly not against the weight of the evidence.

Gipson v. Township of Bass River

82 F.R.D. 122 · District Court, D. New Jersey · Apr 5, 1979

Clearly, leaving process at defendants’ place of employment does not qualify under the dwelling house or place of abode method. Bell v. Hosse, 31 F.R.D. 181 (D.Tenn. 1962). … Defendant offers three possibilities, the 45-day period established by New Jersey Court Rule 4:69-6; the two-year period established by N.J. S.A. 59:8-8; or the two-year personal injury statute, N.J.S.A. 2A:14-2.

Mary Richter v. Oakland Board of Education (083273)

Supreme Court of New Jersey · Jun 8, 2021

We stated in Royster that [t]o establish a failure-to-accommodate claim under the LAD, a plaintiff must demonstrate that he or she (1) “qualifies as an individual with a disability, or … Clearly absent from that recitation is mention of an adverse employment action as an element. Two years later, in Caraballo v.

Henry Gordon v. Matthew Mannisto

New Jersey Superior Court Appellate Division · Jan 8, 2026

A-2726-23 8  Because defendant meets all the requirements established in Hawkins, we conclude the litigation privilege provides defendant with absolute immunity from plaintiff's … As the attorney representing one of the primary parties to the action, defendant clearly qualifies as an "other participant" under Hawkins.