Case law

Watson v. United States Rubber Co.

24 N.J. 598 · Supreme Court of New Jersey · Jun 24, 1957

of a fund “for the benefit of persons unemployed after qualifying periods of employment.” … The facts in the instant matter clearly disclose that Mr. Watson was unemployed within the terms of R. S. 43 :21-19, was able to work, available for work and actively seeking work within R.

Public Service Gas Co. v. Board of Public Utility Commissioners

84 N.J.L. 463 · Supreme Court of New Jersey · Jun 7, 1913

In the latter case all that section 38 requires is that it should clearly appear that the order was without the jurisdiction of the board. … Such franchises, however, are property of a peculiar kind; the right of property in them is not absolute, but is qualified by the right of the state to fix reasonable rates.

Morrison v. Township of Lumberton

319 N.J. Super. 355 · New Jersey Superior Court Appellate Division · Mar 15, 1999

A narrative in the police report reviewed by the expert noted that the stop sign was “clearly visible.” … We rejected the county’s argument that it was immune from liability under the provisions of N.J.S.A 59:4-5 (precluding liability for the failure to provide ordinary traffic signals or signs).

SHAIKH v. STATE OF NEW JERSEY - DEPARTMENT OF BANKING & INSURANCE, DIVISION OF INSURANCE

District Court, D. New Jersey · Apr 30, 2025

Regarding the State Defendants, the Court reasoned that those Defendants were immune from liability under sovereign immunity, quasi-judicial immunity and qualified immunity. (Id. at 12-15.) … The Court determined that the claims against Defendants in their individual capacity were either barred by quasi-judicial immunity or qualified immunity, and if not barred by individual defenses failed to meet the Rule

Levin v. Cosgrove

75 N.J.L. 344 · Supreme Court of New Jersey · Nov 11, 1907

The “statements” here referred to are clearly those that are contained in the application for membership mentioned in the earlier part of the same section. … The inability to qualify as a member is a failure to measure up to the standard of membership established by the constitution.

State v. Dunphy

24 N.J. 10 · Supreme Court of New Jersey · Apr 1, 1957

The original indictment was in two counts, the second count making the same charges with respect to certain other alleged bookmaking establishments in the city. … R. 1:5-1 (a) the conviction should be set aside when it clearly and convincingly appears that the verdict was the result of mistake, partiality, prejudice or passion.

City of Jersey City v. Farmer

329 N.J. Super. 27 · New Jersey Superior Court Appellate Division · Feb 29, 2000

With a brief exception in 1975 [7] , until the qualifying population size was reduced to 200,000 in 1990, only Newark qualified by population to enact a payroll tax under the Act. … There the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 to -26, established a certificate-of-need procedure as a prerequisite for opening a new hospital.

TRACEY L. VIZZONI, ETC. VS. B.M.D. (L-0575-15, SOMERSET COUNTY AND STATEWIDE)

459 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Jun 24, 2019

The trial judge noted that many substances could render a driver sleepy and "all of them are clearly marked with those kin ds of warning[s]." … In one instance, N.J.S.A. 2A:62A-16 was applied to immunize a psychiatrist who reasonably did not know his patient intended to commit suicide. Marshall v.

State v. Russo

213 N.J. Super. 219 · New Jersey Superior Court Appellate Division · Apr 25, 1986

The sensible test of weighing competing considerations so succinctly and clearly set forth in State v. … Total Number Non-Qualified = B+C+D+E 10,512 62% G. Total Number Qualified = A-F 6,488 38% TABLE II. DEFENDANT’S SURVEY. A. Sample Size 499—7.7% of Qualified Pool B.

COTTMAN v. FARABELLA

District Court, D. New Jersey · Jun 28, 2021

Farabella also contends that even if such a theory of liability is viable, he is entitled to qualified immunity. … As a result, qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”).

Triffin v. Liccardi Ford, Inc.

417 N.J. Super. 453 · New Jersey Superior Court Appellate Division · Jan 12, 2011

Like the check casher in Valley National Bank , JCNB clearly violated a provision of the Act and, therefore, failed to observe reasonable commercial standards of the check cashing industry as established by the Act. … N.J.S.A. 17:15A-48a(5). [5] We reject Triffin's argument that Liccardi did not establish its defenses.

Private Truck Council of America, Inc. v. State

111 N.J. 214 · Supreme Court of New Jersey · Jun 30, 1988

Since this case has gone off on a broadsided attack of the statute presumably because of its label, we simply have no record whatsoever in the case to establish such effects. … We are limited to invalidating taxes that clearly offend the Constitution.

Independent Warehouses, Inc. v. Scheele

134 N.J.L. 133 · Supreme Court of New Jersey · Jan 31, 1946

There is no suggestion of a legislative purpose to render the storage and warehouse business immune from the tax for revenue and regulation permissible under the cited licensing statute. … If the local legislative action is not clearly unreasonable or unduly oppressive or discriminatory, its policy is not a justiciable question. The Great Atlantic and Pacific Tea Co., Inc., v. Camden, 122 N. J.

Cordy v. Sherwin-Williams Co.

156 F.R.D. 575 · District Court, D. New Jersey · Apr 25, 1994

It is likely that he has sufficient training, education and knowledge to qualify as an expert witness in this case. 2. … Though not clearly mandated by Rule of Professional Conduct 1.10(a), 13 the rationale for that Rule clearly applies here.

State v. Parolin

171 N.J. 223 · Supreme Court of New Jersey · Mar 27, 2002

That testimony, in our view, clearly establishes that defendant committed a violent crime within the meaning of NERA. B. Next, we consider whether NERA is applicable to this case. … The facts he supplied at his plea hearing clearly warrant punishment but fall far short of establishing him as a member of the class of offenders NERA was enacted to harness.

State v. Wilkins

219 N.J. Super. 671 · New Jersey Superior Court Appellate Division · May 29, 1987

the jury, and then, if necessary, select and qualify a second jury for the penalty phase. … more ‘conviction prone’ than non-death-qualified juries.” 5 476 U.S. at-, 106 S.

City of New Brunswick v. Borough of Milltown

519 F. Supp. 878 · District Court, D. New Jersey · Aug 11, 1981

Otherwise, one would be able to obtain immunity from state regulation by making private contractual arrangements. This principle is summarized in Mr. … User charges clearly provide such an incentive to each discharger into a waste treatment system.

State Troopers Non-Commissioned Officers Ass'n v. New Jersey

643 F. Supp. 2d 615 · District Court, D. New Jersey · Jul 9, 2009

However, Eleventh Amendment immunity is not absolute. … The revised Code, for the most part, is in keeping with the Code established by the New Jersey Supreme Court, and does no violence to the basic ethical standards set forth therein.

Hartford Associates v. United States

792 F. Supp. 358 · District Court, D. New Jersey · Mar 30, 1992

Pachtman, 424 U.S. 409, 424-31 , 96 S.Ct. 984, 992-95 , 47 L.Ed.2d 128 (1976) (prosecutorial immunity). … Thus, plaintiffs cannot establish irreparable harm.

Tinsman v. Belvidere Delaware Railroad

26 N.J.L. 148 · Supreme Court of New Jersey · Feb 15, 1857

It rests upon no grant of sovereign immunity, but extends to individuals as well as to agents of government. … This is clearly the American doctrine, though a different classification appears to be adopted in England. . Grant, on Corp. 9.