Case law

Carpet Remnant Warehouse, Inc. v. New Jersey Department of Labor

125 N.J. 567 · Supreme Court of New Jersey · Aug 6, 1991

One of a pool of qualified installers selects that job and then installs the carpeting at the customer’s residence or place of business. … I, supra, 129 N.J.L. at 157, 28 A.2d 207 (finding the C criterion had not been established).

OROZCO v. MCKINLEY ELEMENTARY SCHOOL

District Court, D. New Jersey · Jan 10, 2025

These conclusory allegations are insufficient to establish a § 1983 claim against the Board under Monell. … Qualified Immunity Defendants argue that Plaintiff’s claims against Bartulovich should be dismissed because he is entitled to qualified immunity. Br. at 1.

Feliciano v. Oglesby

102 N.J. Super. 378 · New Jersey Superior Court Appellate Division · Jul 23, 1968

is not intended to make every claimant whole, but only to provide some measure of relief to those persons who come within the class intended to be protected; and before coverage can be extended to any applicant he must clearly … demonstrate that he is a member of the class for whose benefit the Fund was established.

Edgewater Investment Associates v. Borough of Edgewater

103 N.J. 227 · Supreme Court of New Jersey · Jul 10, 1986

The Act significantly increased the duration of the statutory tenancy afforded to qualifying elderly or disabled tenants. … To qualify, a tenant must establish that he or she is at least 62 years old or disabled, or is the surviving spouse of an eligible tenant and was at least 50 years old at the conversion date, that the dwelling has been his

Ostrowski v. Azzara

111 N.J. 429 · Supreme Court of New Jersey · Aug 11, 1988

Al *432 though the parties agreed that such habits should not be regarded as evidencing comparative fault for the medical injury at issue, we find that the instructions to the jury failed to draw the line clearly between … Negligent conduct is not “immunized by the concept of ‘avoidable consequences.’

Guerrero v. Burlington County Memorial Hospital

70 N.J. 344 · Supreme Court of New Jersey · Jun 10, 1976

If provided, such facilities shall be staffed with qualified personnel. (6) Kadiologic services as required to provide emergency care shall be staffed with qualified technical personnel. (7) Clinical laboratory services as … required to provide emergency care shall be staffed with qualified technical personnel.

Gauntt Const. v. RIVER & BAY AUTH.

241 N.J. Super. 310 · New Jersey Superior Court Appellate Division · Mar 6, 1990

The Commission "was established by the compact as the `joint corporate municipal instrumentality of the States of New Jersey and New York.'" Id. at 345 , 273 A. 2d 10 . … Delaware River Port Auth., 478 Pa. 396 , 387 A. 2d 41 (Pa. 1978) (Pennsylvania's immunity does not extend to this agency).

J.B. v. W.B.

215 N.J. 305 · Supreme Court of New Jersey · Aug 20, 2013

On the other hand, such a trust only qualifies as an OBRA '93 trust if it contains the assets of the beneficiary. … The trial court’s ‘“award will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to other evidence, or the result of whim or caprice.’ ” Ibid, (quoting Foust v.

Presbyterian Home at Pennington, Inc. v. Borough of Pennington

409 N.J. Super. 166 · New Jersey Superior Court Appellate Division · Aug 10, 2009

At issue is whether an assisted living facility must provide charity care in order to qualify for the exemption. … It contends that, in determining otherwise, the judge misapplied established law to the facts. This argument is without merit.

THE ESTATE OF SUZANNE BARDZELL v. GOMPERTS

District Court, D. New Jersey · Jan 27, 2021

, have the burden to establish it. … Prosecutors bear a “heavy burden” in establishing entitlement to absolute immunity; it is presumed “that qualified rather than absolute immunity is appropriate.” Id. at 207-08.

Rogers v. Alternative Resources Corp.

440 F. Supp. 2d 366 · District Court, D. New Jersey · Jul 27, 2006

Promotions In order to establish a prima facie case in a failure to promote claim, the plaintiff must prove by a preponderance that: (1) he is within a protected class; (2) he sought and was qualified for the promotion; ( … Rogers contends that he was qualified for his job and performed satisfactorily. 12 Furthermore, it is not contested that Rogers’s employment was terminated. *376 Rogers cannot establish the fourth prong of his prima facie

Estate of Lustgarten v. Director, Division of Taxation

15 N.J. Tax 1 · New Jersey Tax Court · Apr 18, 1994

If such had been the order of deaths, no Trust would have been established under Article Fifteenth. … "beneficiaries” referring to the beneficial interests in the Qualified Terminable Interest Property Trust established pursuant to Article Fifteenth of Decedent’s Will. See Cody v.

Butler v. Jack Wu

853 F. Supp. 125 · District Court, D. New Jersey · May 17, 1994

Plaintiffs claims clearly address the circumstances of his medical treatment under his health care plan and are thus preempted by ERISA. … As noted in Robbins , these individuals do not enjoy any statutory immunity. 264 N.J.Super. at 576 , 625 A.2d 45 .

Nelson v. Board of Educ. of Tp. of Old Bridge

148 N.J. 358 · Supreme Court of New Jersey · Mar 12, 1997

An individual may possess multiple endorsements under a certificate, qualifying that person to be employed in the positions covered by the respective endorsements. … Rather, “[w]here ... supervening considerations clearly compel a contrary determination, this, like all other rules of statutory construction^] must give way.”

State ex rel. V.A.

420 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Jun 22, 2011

And if the Court is not, I say if the Court is not allowed to consider these things at a probable cause hearing, then I find that there is clearly a separation of powers issue, [and] that would give total carte blanche to … Trial judges must “be guided exclusively by the factors established by law and not by the judge’s personal code of conduct.” Ibid.

Palmentieri v. Atlantic City

231 N.J. Super. 422 · New Jersey Superior Court Appellate Division · Jun 15, 1988

Chapter 2 of the Tort Claims Act sets forth the immunities and liabilities of the public entity. … The establishment of times and places for council meetings; h. The establishment of the council as a committee of the whole and the delegation of any number of its members as an ad hoc committee; i.

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

Alim v. Byrne

521 F. Supp. 1039 · District Court, D. New Jersey · Jul 8, 1980

The Fourteenth Amendment to the Constitution provides that: *1044 No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person … Certain of the actions of plaintiffs were clearly not religious in nature. The maintenance of a checkbook and the sale of food to UARDSI members were not entitled to First Amendment protection.

In Re In-Progress Trace of a Wire Communication

76 N.J. 255 · Supreme Court of New Jersey · Apr 28, 1978

Said carrier shall be immune from civil liability for any assistance rendered to law enforcement pursuant to this section. … The qualifying language emphasized by the majority relating to unobtrusiveness and continuity of telephone service does not define the kinds of assistance that can be required of a telephone company.

State in Interest of SZ

177 N.J. Super. 32 · New Jersey Superior Court Appellate Division · Jan 5, 1981

These are clearly the kinds of motions covered by R. 3:10-3 which should not be considered during trial. … Thus since R. 3:10-3 controls, the motions should clearly not have been considered during trial.