Case law

Strauss v. Wright Aeronautical Corp.

135 N.J.L. 371 · Supreme Court of New Jersey · Apr 3, 1947

The phrase is to be construed to mean “such proof that the fact finder, after hearing the testimony in support of the claim and contrasting and weighing it with *374 that produced to rebut it, is clearly of the view that … Similarly, prostration causing immediate cessation of work has been adequately established.

In Re Estate of Comly

90 N.J. Super. 498 · New Jersey Superior Court Appellate Division · Mar 1, 1966

In this case testatrix clearly intended that the trust could be used to benefit their children during their youth, with final distribution postponed until they reached age 35. … If any adult that Captain Comly chose to adopt qualified as a "child" under the will of Mary Comly, then, in effect, Captain Comly would have a power of appointment over the property and could lessen the shares of his natural

Matter of Coruzzi

95 N.J. 557 · Supreme Court of New Jersey · Mar 20, 1984

Long before the 1970 adoption of the judicial removal statute, the rule was firmly established that the conviction of an attorney conclusively established the underlying facts in disciplinary proceedings. … In exchange for a grant of immunity, Caggiano agreed to cooperate with the police and was fitted with electronic surveillance equipment.

Kahn Pension Plan v. Moorestown Tp.

243 N.J. Super. 328 · New Jersey Superior Court Appellate Division · Jan 30, 1990

The immunity thus conferred has been construed to apply only to discretionary and not to ministerial acts. Tontodonati v. Paterson, 229 N.J. Super. 475, 482 , 551 A. 2d 1046 (App.Div. 1989). … Clearly, given the nature of this transaction and the amount of money involved, the potential existence of a super lien constituted a material fact.

Filgueiras v. Newark Pub. Schools

426 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Jun 18, 2012

To establish a § 1983 claim, "the first task ... is to identify the state actor, `the person acting under color of law,' that has caused the alleged deprivation." Rivkin v. Dover Twp. … In sum, the evidence in this case viewed in a light most favorable to plaintiff, failed to establish a claim of substantive due process violations cognizable under the CRA.

Matter of Scioscia

216 N.J. Super. 644 · New Jersey Superior Court Appellate Division · Mar 23, 1987

Appellants' brief raises nine points, many of which are clearly lacking in merit or overlap with other points. … Thus, the court noted that "[t]he Act itself provides no standards establishing the grounds for debarring corporate officers." 102 N.J. at 17 .

Garden Howe Urban Renewal Associates, L.L.C. v. Hacbmarchitects Engineers Planners, L.L.C. and Del-Sano Contracting Corp.

439 N.J. Super. 446 · New Jersey Superior Court Appellate Division · Feb 26, 2015

PCA report; 9 A-1144-13T2 (2) the trial court erred by refusing to extend the time for discovery because plaintiff established … The trial court's decision may not be reversed unless "clearly shown to be erroneous as a matter of law." State v. Campisi, 42 N.J. Super. 138, 147 (App. Div. 1956) (citing Rempfer v.

Gustavson v. Gaynor

206 N.J. Super. 540 · New Jersey Superior Court Appellate Division · Dec 16, 1985

While there can be no rigid standard for categorizing the various maneuvers which might be classified as erratic operation of a motor vehicle in order to qualify as the necessary supplementary evidence, the controlling consideration … In this manner, the inflammatory potential of the fact of drinking or his illegal presence in an establishment where liquor was served would have been eliminated while the narrative continuity was preserved.

McCoy v. Board of Trustees of the Laborers' International Union, Local No. 222 Pension Plan

188 F. Supp. 2d 461 · District Court, D. New Jersey · Feb 26, 2002

Arguably, the standard for allowing introduction of an untimely qualified immunity defense, as described in Eddy , is more forgiving than the appropriate standard where the asserted defense does not involve “important public … purposes” such as are implicated by official immunity.

Wood v. Borough of Wildwood Crest

319 N.J. Super. 650 · New Jersey Superior Court Appellate Division · Apr 1, 1999

qualify for medical benefits under N.J.S.A. 40A: 10-23 as it read prior to a 1995 amendment to the statute), aff'd o.b., 152 N.J. 40 , 702 A. 2d 1284 (1997). … virtue of his twenty-two and one-half years of actual service with the Borough, and his payment into the Police and Fireman's Retirement System of the amount required to purchase two and one-half years of "service credit" to establish

State v. Weleck

10 N.J. 355 · Supreme Court of New Jersey · Oct 20, 1952

Quite clearly, therefore, under our present Constitution and rules the State here had an appeal to the Appellate Division of the Superior Court. … “Such judicial discretion cannot be arbitrary, vague or fanciful but rather must be governed by and in accord with established principles of law,” State v. Bunk, 4 N. J. 482, 485 (1950).

Mani v. Mani

183 N.J. 70 · Supreme Court of New Jersey · Apr 6, 2005

The thirteen alimony factors listed in N.J.S.A. 2A:34-23(b) clearly center on the economic status of the parties. That is the primary alimony focus. … For purposes of this rule, paraprofessional services shall mean those services rendered by individuals who are qualified through education, work experience or training who perform specifically delegated tasks which are legal

In re the Election of Directors & of Certain Officers of the A. A. Griffing Iron Co.

63 N.J.L. 168 · Supreme Court of New Jersey · Dec 19, 1898

concerning the jurisdiction we are now exercising, then exercised under a separate law: “ By the 'seventh section of the act this court are required to inquire into the matters or causes •of complaint, and thereupon to establish … corporation organized thereunder shall have a president, secretary and treasurer who shall be chosen either by the directors or stockholders as the bylaws may direct, and shall hold their offices until others are chosen and qualified

Coons v. American Honda Motor Co.

94 N.J. 307 · Supreme Court of New Jersey · Aug 3, 1983

However unfortunate our failure to articulate clearly our position in the Velmohos footnote, our intention was, as accurately perceived by Justice Powell, to make no more than a “neutral observation.” … opinion in Searle, that “foreign corporations may designate an agent for service of process only by obtaining a certificate of authority to do business.” 455 U.S. at 419, 102 S.Ct. at 1147, 71 L.Ed.2d at 262-63. 6 Ill Having established

Perrine v. Applegate

14 N.J. Eq. 531 · New Jersey Superior Court Appellate Division · Feb 15, 1862

A somewhat similar rule prevails in Chancery upon bills filed to establish wills. … He was therefore better qualified to speak of his mental condition and capacity at the execution of the will than any other witness.

Croswell v. Shenouda

275 N.J. Super. 614 · New Jersey Superior Court Appellate Division · May 6, 1994

DOES PLAINTIFF'S PRIOR TERMINATED PREGNANCY OF WHICH DEFENDANT ADMITS PATERNITY QUALIFY HER AS HAVING A CHILD IN COMMON WITH DEFENDANT? … Clearly this is not an amendment which is being proposed in order to clarify an existing ambiguity or elucidate what is already the law.

MESSINA v. THE COLLEGE OF NEW JERSEY

District Court, D. New Jersey · Oct 14, 2021

Accordingly, the CDC has clearly opined that these constitute “vaccines.” … New Jersey colleges and universities are allowed to “establish additional requirements for student immunizations and documentation that such institution shall determine appropriate and which is recommended by

NYANTENG v. THOMPSON

District Court, D. New Jersey · Jul 15, 2022

(ECF No. 21- 1) at 14–20); (2) Defendants are entitled to qualified immunity (id. at 20–28, 32–38); (3) the Court should dismiss Nyanteng’s § 1983 and NJCRA claims for the same reasons supporting dismissal of the Bivens … (ECF No. 29 at 50 (“[T]he defendants/federal employees do not qualify to claim law enforcement status.”).) Therefore, the FTCA’s sovereign immunity waiver does not apply.

Voilas v. General Motors Corp.

73 F. Supp. 2d 452 · District Court, D. New Jersey · Nov 1, 1999

Consistent with the Third Circuit’s mandate that trial courts should not impose overly rigorous requirements to establish expertise, this Court finds that Dr. … Tinari qualifies as an expert for the purpose of clarifying the liability issues presented in this case. II. The Daubert Analysis of Dr. Tinari’s Proposed Trial Testimony Having established that Dr.

Woodruff v. Morristown Institution for Savings

34 N.J. Eq. 174 · New Jersey Court of Chancery · May 15, 1881

Where a recital is followed by general words, the general words will be held to be limited or qualified by the recital, in obedience to the maxim, verba generalia, restringuntur ad hábilitatem rei vel personam. … Dean, or those who have succeeded to his rights, could urge against them, the established rule being that the assignee of a mortgage takes it subject to all the equities which the mortgagor may claim against it, but free