Case law

Tooker v. Vreeland

92 N.J. Eq. 340 · New Jersey Court of Chancery · Feb 5, 1921

Lord, the executors therein nominated, duly qualified and entered upon the discharge of their duties. After her husband’s death Mrs. … From this testimony, the truth of which is not challenged, it seems to me to be clearly and satisfactorily established that the wills grew out of, not simply tire mutual desire of an aged and affectionate couple to gratify

City of New Brunswick v. George Street Playhouse, Inc.

2 N.J. Tax 407 · New Jersey Tax Court · Apr 20, 1981

In those cases in which a nonprofit status was found, the record clearly revealed a corporation dedicated solely to its stated nonprofit purposes even though some income was realized. … Plaintiff has failed to demonstrate that defendant had a money-making objective, which it must do if it is to establish that defendant does not qualify as a corporation not conducted for profit.

ABC Bail Bonds, Inc. v. Grant

459 N.J. Super. 340 · New Jersey Superior Court Appellate Division · Jun 3, 2019

. *929 Judge Innes found that ABC had not met its burden of proof establishing that the Directive was unconstitutional. … But that constitutional right is clearly qualified by, among other limitations, compliance with the conditions of bail not only by the principal but also by the surety. [ Id. at 451 , 839 A.2d 896 .]

Ensslin v. Board of Trustees

311 N.J. Super. 333 · New Jersey Superior Court Appellate Division · May 11, 1998

Moreover, petitioner’s claims in his litigation could have been used, as effectively, to negate the proposition he was required to establish in order to qualify for an ordinary disability pension. … Clearly, therefore, while the central issue of fact and law in petitioner’s termination proceeding and civil action remained in dispute — through the conclusion of the appellate process — he was effectively precluded from

May v. Cooperman

582 F. Supp. 1458 · District Court, D. New Jersey · Mar 28, 1984

Resonable rates of compensation can readily be established. … The discovery issues raising questions of state legislators’ immunity and the application of the free exercise and establishment clause to enforced moments of silence as distinguished from verbal prayer were novel.

In Re Appeal of East Orange

80 N.J. Super. 219 · New Jersey Superior Court Appellate Division · Jul 5, 1963

The State Division applied, with some modifications, the formula established by Franklin Hannoch, a well-qualified expert called by East Orange. Mr. … The latter is clearly enterprise value rather than land value.

State v. Contemporary Communities

337 N.J. Super. 177 · New Jersey Superior Court Appellate Division · Feb 16, 2001

ALJ Masin considered “the nature of the charges, the statutory provisions, the burden of proof, and the standard established in Brill.” … He clearly established his findings, stating, “I conclude that the respondents thereby violated the Consumer Fraud Act.”

DAVIS v. COUNTY OF CAPE MAY

District Court, D. New Jersey · Sep 18, 2019

Qualified Immunity Defendants collectively assert that they enjoy qualified immunity from suit, but do not analyze any claims as to any individual Defendants’ actions, … Consequently, as applied to Defendant Mellina, it appears that he only seeks qualified immunity under prong one of the qualified immunity analysis.

Atlas v. Silvan

128 N.J. Super. 247 · New Jersey Superior Court Appellate Division · May 7, 1974

I A careful review of the record establishes that the trial judge properly denied plaintiff's motion made at the end of the testimony offered by defendants in defense of the plaintiff's claim and in support of their counterclaim … II Plaintiff further contends that the trial court erred in permitting defendant Fred Silvan to testify as to the actual size of the property since he had not qualified in accordance with Evid. R. 19. We disagree.

Ron Mills v. State of New Jersey, Department of the Treasury

435 N.J. Super. 69 · New Jersey Superior Court Appellate Division · Mar 13, 2014

As filed, the complaint clearly set forth the facts upon which plaintiffs' claims were based. … However, our Supreme Court has clearly established a strong judicial policy disapproving such pleas.

Fitzgerald v. Shore Memorial Hospital

92 F. Supp. 3d 214 · District Court, D. New Jersey · Mar 13, 2015

Plaintiff must first establish that (1) she was disabled within the meaning of the statute; *236 (2) she was qualified to perform the essential functions of the position of employment; and (3) she suffered an adverse employment … Such conduct does not establish adverse employment action. See Cortes v.

SEGURA v. GREYSTONE PARK PSYCHIATRIC HOSPITAL

District Court, D. New Jersey · Feb 5, 2024

However, Plaintiff contends Defendants “have not established that they have qualified immunity in this matter.” (ECF No. 64 at 32.) … Additionally, the Court notes it would be premature at this time to determine whether Defendants are entitled to qualified immunity.

SCHWESTER v. BOROUGH OF FAR HILLS

District Court, D. New Jersey · Jul 11, 2025

“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 rights of which a reasonable … constitutional right is clearly established.”

State v. Porro

158 N.J. Super. 269 · New Jersey Superior Court Appellate Division · Apr 13, 1978

This statute requires the county election officials "once during every four years [to] cause the entire registry list to be investigated by house-to-house canvass to establish the fact of continued residence, removal, death … It is one thing for the commissioners to formulate a qualified jury list for presentment to the assignment judge but it is another to grant blanket exemptions by administrative fiat to an otherwise qualified group that consists

State v. O'KEEFE

135 N.J. Super. 430 · New Jersey Superior Court Appellate Division · May 7, 1975

Such a course would be indefensible, would clearly amount to jeopardy, and would warrant the most severe condemnation. … Both statutory and case law unambiguously establish notice of revocation as an essential element of the offense. N.J.S.A. 39:5-30; State v. Hammond, supra .

BROWN v. SMITH

District Court, D. New Jersey · Jan 5, 2023

The Court will deny qualified immunity at this time. … The Court will deny qualified immunity without prejudice.

Lento Law Group Pc v. Carly Hendrickson

New Jersey Superior Court Appellate Division · Jun 15, 2026

However, the judge added that "if [such] were the case, clearly [] Hendrickson's comments would fall . . . far short of . . . actual malice . . . ." … She stresses that her "opinion, as a matter of constitutional law, enjoys absolute immunity." Dairy Stores Inc. v. Sentinel Pub. Co., 104 N.J. 125, 147 (1986).

State v. City of Hudson

34 N.J.L. 25 · Supreme Court of New Jersey · Nov 15, 1869

Hudson City, 3 Vroom 365 ,) yet it, together with the fact that an appeal is provided by the forty-fifth section, — -in case of dissatisfaction, may be reviewed by other commissioners,— clearly indicate an ini cut ion against … land is allowed, which would reduce the amount to be paid by such owners for benefits less than that the prosecutor will have to pay, yet that results necessarily irom the effect of his dedication, but does not give him immunity

Monmouth Chrysler-Plymouth, Inc. v. Chrysler Corp.

203 N.J. Super. 281 · New Jersey Superior Court Appellate Division · Jul 26, 1985

In determining whether the proposed dealership offended the foregoing policy behind the legislation the AU came to the following conclusion: Clearly, this is not the ease. … It is a long-established dealership spanning three generations and the testimony of Mr.

State v. Villar

150 N.J. 503 · Supreme Court of New Jersey · Jul 17, 1997

A jury is not qualified to say without guidance which purposes for possessing a weapon are unlawful and which are not. … The State argues that this interpretation will, in effect, grant immunity to criminals who employ weapons in the commission of assaults.