Case law

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.

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.

Dcpp v. A.O., in the Matter of I.O.

New Jersey Superior Court Appellate Division · May 15, 2025

Isaac's immunizations were also not up to date. His doctor testified the failure to keep Isaac's immunizations up to date was problematic because Isaac had a compromised immune system. … Richard Drachtman, who was qualified by the court as an expert in the field of pediatric hematology.

Gesner v. Roberts

88 N.J. Super. 278 · New Jersey Superior Court Appellate Division · Jun 28, 1965

The design of the Congress was clearly to levy a duty `on the estate and not on the particular devises, legacies or distributive shares.' Plunkett v. … The adoption of such a rule does not do violence to the generally established law with respect to the nature of a residuary estate. In Berger v. Burnett, 95 N.J.

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.

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.

Exxon Corp. v. Halcon Shipping Co.

156 F.R.D. 589 · District Court, D. New Jersey · Jun 14, 1994

The newly amended order established an October 8, 1993 deadline for additional experts. On October 8th, Exxon provided the reports of five experts: Ragnar 0. Mattson; James T. Powers; Robert J. … Exxon’s explanation for its late designation of Mara does not qualify as excusable neglect.

Daniela Simmons v. Kurt Simmons, Jr.

New Jersey Superior Court Appellate Division · Jan 17, 2025

As detailed above, the court clearly analyzed the statutory factors at some length before reaching its decision. … A party seeking to shield any portion of an asset from equitable distribution bears the burden of establishing its immunity. Pacifico, 190 N.J. at 269.

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.

Michael Giammarino and Roseann Giammarino v. Dir., Div. of Taxation

New Jersey Tax Court · Nov 13, 2025

To qualify for the privilege, the activity must be: an integral part of the deliberative and communicative process by which Members participate in committee and [House] proceedings … The court finds that these materials are clearly within the legislative sphere and are insulated from disclosure under the Speech or Debate Clause.

Lippman v. Ostrum

22 N.J. 14 · Supreme Court of New Jersey · Jun 13, 1956

What is sought in an earnest and thoughtful presentation is the overthrow of the firmly-established rule of liability to redress in damages a civil injury or wrong attending such a relationship. … The insistence is that “'In the context of the foregoing problems it is clearly erroneous to leave in the automobile law the licensee-immunity concept which is a relic of the land law which grew out of the old feudal tenurial

Hill v. NJ DEPT. OF CORRS. COM'R

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.

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

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

Victor v. State

401 N.J. Super. 596 · New Jersey Superior Court Appellate Division · Jul 24, 2008

Stanley Roberts, Inc., 182 N.J. 436, 441 , 867 A. 2d 1133 (2005), bearing in mind that "the trial court's `action[s] should not be disturbed unless it clearly and unequivocally appears there was a manifest denial of justice … Clearly, actions that affect wages, benefits, or result in direct economic harm qualify.

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

State v. Papasavvas

163 N.J. 565 · Supreme Court of New Jersey · May 16, 2000

The court qualified Leslie. D. … We are satisfied that the trial court correctly qualified Applegate, but we cannot agree that Shampaner or Leslie were qualified to serve. Each expressed a convincing bias against considering psychiatric evidence.

Brandenburg v. Brandenburg

83 N.J. 198 · Supreme Court of New Jersey · Jun 12, 1980

We concluded that it would be “clearly irrational” to regard the duration of the marriage as continuing beyond the date of the execution and delivery of such an agreement. Id. … IV Separation with an Agreement The question remains what type of separation agreement qualifies as signaling the end of the acquisition period.

Matter of Extradition of Sidali

899 F. Supp. 1342 · District Court, D. New Jersey · Sep 22, 1995

Notwithstanding the fact that the record of the judgment of conviction establishes probable cause, the Court also finds that there is sufficient independent evidence to establish probable cause. … Sidali is not immune from punishment by reason of lapse of time under the laws of either the United States or Turkey.

State v. Allah

170 N.J. 269 · Supreme Court of New Jersey · Jan 17, 2002

Clearly[,] the witness ... after consulting with counsel[,] has a right to take the Fifth Amendment. Clearly[,] that results in creating a very unfair playing field. Can I tell the jury to disregard direct examination? … Reeves, 293 F.Supp. 213, 214 (D.D.C.1968) (recognizing that constitutional immunity from double jeopardy can be waived, but finding that defendant not placed in jeopardy twice).