Case law

Clarke v. Clarke

349 N.J. Super. 55 · New Jersey Superior Court Appellate Division · Mar 8, 2002

As the judge clearly indicated in rendering his decision at the time of divorce, plaintiff is not barred from changed circumstances applications in the future. … A qualified domestic relations order shall be entered by which the defendant/counterclaimant shall receive her one-half share ... from the amount of the benefit at [the] time [the pension] enters into pay status, pursuant

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.

Martin v. Home Insurance

141 N.J. 279 · Supreme Court of New Jersey · Jul 31, 1995

To achieve the purposes of the No-Fault Law (swift reparations and reduction of court congestion), the Legislature in 1985 required that any policy issued by an insurance company qualified to do business in New Jersey covering … Similarly, the exemptions from tort liability for non-economic loss (pain and suffering) established in N.J.S.A. 39:6A-8, the verbal threshold provisions, might not apply in such cases because those provisions come into play

COLLICK v. WILLIAM PATERSON UNIVERSITY

District Court, D. New Jersey · Jun 10, 2021

Defendants appealed from the qualified immunity ruling, but the Third Circuit affirmed. Collick v. William Paterson Univ., 699 F. … Qualified immunity shields § 1983 and NJCRA defendants from liability unless (1) they violated a constitutional right, and (2) that right was clearly established. Williams v.

Barnett v. Pension Com., C., Atlantic City

100 N.J. Eq. 473 · New Jersey Court of Chancery · Feb 21, 1927

The act provides, in the fifth section thereof, for the establishment of a pension commission of five members. … The city of Atlantic City, under the act of 1920, established the Pension Commission of the Police and Fire Department of the City of Atlantic City."

Puckrein v. ATI Transport, Inc.

186 N.J. 563 · Supreme Court of New Jersey · May 22, 2006

The immunity of the principal who hires an independent contractor rests on the distinction between such a contractor and an employee. … In Mavrikidis, a majority of this Court ruled in favor of immunizing Clar Pine. Id. at 148, 707 A.2d 977 .

Laba v. Newark Board of Education

23 N.J. 364 · Supreme Court of New Jersey · Feb 4, 1957

supra, no private institution of learning would hesitate to proceed expeditiously and reasonably against a teacher who refused to answer pertinent questions during the course of a fitness inquiry and the public interest clearly … member of his constitutional *394 privilege before a Congressional committee does not constitute an admission of guilt or justify automatic dismissal, it does call for a full and conscientious inquiry as to whether he is qualified

Gilhooly v. Zeta Psi Fraternity

243 N.J. Super. 201 · New Jersey Superior Court Appellate Division · Apr 20, 1990

By way of further explanation the court went on to state: For example, if a church owned an abutting property used for a restaurant or hotel, the church in that instance would clearly be a commercial landowner. … Super. 205 [ 243 A. 2d 853 ] (Hudson Cty.Ct. 1968) (nonprofit corporation chartered to promote mental and moral improvement of mankind did not enjoy charitable immunity from tort liability when it operated bar and bowling

Davis v. Devereux Foundation

209 N.J. 269 · Supreme Court of New Jersey · Feb 29, 2012

As in Goldberg , the nature of the risk addressed here makes it impossible to clearly define the parameters of the duty. … Under Restatement § 228(1), McClain’s conduct is clearly outside of the scope of her employment.

Hancock v. Board of Review

46 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Oct 3, 1957

She had established 28 base weeks with the former and 27 base weeks with the latter. … This subsection merely defines a base week and permits an individual to establish a base week with more than one employer so that he may have the statutory required number of weeks in his base year to qualify for benefits

Winer v. Winer

241 N.J. Super. 510 · New Jersey Superior Court Appellate Division · Jun 7, 1990

As the court noted, all of these reasons clearly fell within the concept of good faith as established in Holder. Ibid. … "[T]he burden of establishing the immunity of an asset from equitable distribution rests with the party asserting the immunity...." Weiss v. Weiss, 226 N.J.

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.

Burrough v. New Jersey Gas Co.

94 N.J.L. 536 · Supreme Court of New Jersey · Jun 14, 1920

Justice Yan Syckcl’s opinion, very clearly intimates, that the special knowledge qualification, namely, experience knowledge of the monetary effect on market value of the presence or absence of shade trees on like property … The necessity, however, for the different kind of well was, if the jury believed the, evidence, fully established.

Montoya v. Gateway Insurance Company

168 N.J. Super. 100 · New Jersey Superior Court Appellate Division · May 7, 1979

That would clearly have been so had he been in this country legally. … This matter is clearly distinguishable. Plaintiff's rights arise under a private contract, not under statutory law.

State v. Musto

187 N.J. Super. 264 · New Jersey Superior Court Appellate Division · Jun 16, 1982

Rather it establishes the framework of government with such specific restraints as are thought to be of eternal value and hence worthy of immunity from passing differences of opinion. … It is well established that the voters may not vote for a person not qualified to hold office. Stothers v.

In re J.M.

292 N.J. Super. 225 · New Jersey Superior Court Appellate Division · Mar 28, 1996

Accordingly, it is the opinion of this court that the proofs submitted by the applicant and J.M.’s parents clearly and convincingly establish that SIBIS is a necessary element of J.M.’s right to effective treatment. … and convincingly shown and (4) that the parents of J.M. are unquestionably academically and emotionally qualified to be guardians ad litem for J.M.

Vasil v. Zullo

238 N.J. Super. 572 · New Jersey Superior Court Appellate Division · Feb 16, 1990

We also conclude that Vasil's injuries did not qualify for the PIP benefits available to a pedestrian. … Vasil was clearly not struck by an automobile.

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.

CONSTANTINE v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE

District Court, D. New Jersey · Mar 24, 2023

Plaintiff, however, maintains that Defendants are not immune and that he has established a plausible cause of action. (Pla. Br., ECF No. 38). … To establish a violation of Title II of the ADA, a plaintiff must allege that: “(1) he is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public

PHILLIPS v. NEW JERSEY TRANSIT

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

(id. at 15–17); (3) qualified immunity should be denied (id. at 17–18); and (4) Ayala’s and the State Defendants’ motions to dismiss all remaining claims are premature (id. at 18). … Plaintiff specifically alleges that Officer Bernal and Sergeant Wells “acted under the color of state law” and in “violation[] of [P]laintiff’s clearly established constitutional rights,” which leads the Court to construe