Case law

Carpet Group International v. Oriental Rug Importers Ass'n

256 F. Supp. 2d 249 · District Court, D. New Jersey · Feb 28, 2003

Defendants claimed Noerr-Pennington immunity. … continuation of a long established and successful form of distribution.”

Theodore v. Dover Bd. of Ed.

183 N.J. Super. 407 · New Jersey Superior Court Appellate Division · Feb 23, 1982

Clearly, the proper and orderly disposition of this controversy required the trial judge to transfer the plaintiff's claim to the Commissioner of Education pursuant to R. 1:13-4. … There was no warrant here for the trial judge to have deviated from the foregoing scheme for adjudication of school-law disputes and review thereof established both by the Legislature and by court rule.

Ricardo M. Melendez v. Anthony P. Rotondo

New Jersey Superior Court Appellate Division · Mar 6, 2024

To pierce [N.J.S.A. 59:]3-3's qualified immunity, a plaintiff must prove more than ordinary negligence. … "Summary judgment under [N.J.S.A. 59:3- 3], however, is appropriate if public employees can establish that their acts were objectively reasonable or that they performed them with subjective good faith. " Ibid.

Robbiani v. Burke

77 N.J. 383 · Supreme Court of New Jersey · Jul 31, 1978

Such lunches shall meet minimum nutritional standards established by the, Department of Education. Free and reduced price lunches shall be offered to all children qualifying under Statewide eligibility criteria. [N. … That choice is not demonstrated to be clearly an unreasonable one for the stated purpose.

Retz v. Mayor & Council of Saddle Brook

134 N.J. Super. 290 · New Jersey Superior Court Appellate Division · May 15, 1975

Thus, it is well established that where property is held by tenancy by the entirety one spouse cannot sign a deed of conveyance without the other’s signature. … The Legislature clearly intended that the full value of a property could be represented on a petition only by the signatures of both tenants by the entirety.

Thompson v. Merrell Dow Pharm.

229 N.J. Super. 230 · New Jersey Superior Court Appellate Division · Dec 7, 1988

He noted that Aldinger conceded that the issue of causation must be established by doctors, and that he had no experience with Bendectin. … Aldinger's expert testimony on the issue of causation was clearly erroneous; (2) the motion court abused its discretion by issuing a pretrial order barring plaintiff from moving into evidence the trial testimony of 12 of

Condo v. BD. OF REVIEW, DEPT. OF LABOR AND INDUSTRY

158 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Mar 20, 1978

The record establishes and the Appeals Examiner found that claimant complained to the manager of the threats of violence made by his coworker. … Under the circumstances, claimant was clearly justified in leaving work.

William James v. Rosalind Ruiz

440 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Mar 25, 2015

In Nowacki, we held that it is "clearly established that medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine … Cristini, who likewise was qualified to read the CT scan and did so as well, reaching a different conclusion.

Jeffcott v. Erles

84 N.J. Super. 70 · New Jersey Superior Court Appellate Division · May 14, 1964

As stated by Chief Justice Vanderbilt in Northern N.J., 22 N.J., at p. 195 : "* * * admission to our bar is a privilege granted in the interests of the public to those who are morally fit and mentally qualified, solely for … II, par. 3 of the Constitution is clearly established by Chief Justice Vanderbilt's opinion in Northern N.J., 22 N.J., at p. 198 .

Beam v. Kent

3 N.J. 210 · Supreme Court of New Jersey · Dec 5, 1949

The defendant then moved to strike out all of that testimony, including matters clearly not hearsay. … “The rule is established that counsel cannot take the chance of testimony making in his favor, and if it happens to be adverse, then interpose his objection.

Danowski by Danowski v. United States

924 F. Supp. 661 · District Court, D. New Jersey · May 3, 1996

This statute is clearly intended to prevent double recoveries. See Davish v. … This is clearly not so in the instant case.

Hyundai Corp., U.S.A. v. Hull Insurance Proceeds of the M/V Vulca

800 F. Supp. 124 · District Court, D. New Jersey · Aug 10, 1992

Clearly, if a party can be shown to have issued a bill of lading that is covered by COGSA, that party should bear liability as a COGSA carrier. … The Practical Test Even if Hyundai is unable to establish that Merchant Marine authorized the bill of lading, it may establish that Merchant Marine is a COGSA carrier by showing that Merchant Marine (1) was involvéd in the

Mayer v. Gottheiner

382 F. Supp. 2d 635 · District Court, D. New Jersey · Aug 10, 2005

Long Beach Police Dept., 105 Fed.Appx. 549, 550 (5th Cir.2004) (holding that an officer, who chased and tackled a 100 pound teenage girl being arrested for truancy, was not entitled to qualified immunity because his actions … Because the Court ruled on the merits of plaintiff’s federal constitutional claims, it did not address the applicability of qualified immunity.

State v. JQ

130 N.J. 554 · Supreme Court of New Jersey · Jan 6, 1993

As courts and counsel proceed further from that clearly admissible end of the spectrum, they must focus on the research basis for the proposition that the expert witness seeks to establish. … If qualified, the witness should then establish at a minimum that the methodology used to form his or her opinion is generally accepted within the relevant scientific community to establish the proposition to be stated by

Gore v. United States Steel Corp.

15 N.J. 301 · Supreme Court of New Jersey · May 3, 1954

the course of its opinion the court suggested that reasons for declining jurisdiction “might be successfully advanced in cases between citizens of our state” and expressed the broad view that “where the ends of justice clearly … It is only in those exceptional cases where a weighing of all of the many relevant factors, of which residence is but part, decisively establishes that there is available another forum where trial will best serve the convenience

Kress v. City of Newark

9 N.J. Super. 70 · New Jersey Superior Court Appellate Division · Jul 26, 1950

From this synopsis of the testimony it clearly appears that fact questions were raised for the consideration of the jury unless the law is such as to preclude the submission of the case to the jury. … Orange Memorial Hospital, 101 N.J.L. 61 ( E. & A. 1925), it was held that a charitable institution was immune from liability to a patient arising from the negligence of its agent.

Rutgers Chapter of Delta Upsilon Fraternity v. City of New Brunswick

129 N.J.L. 238 · Supreme Court of New Jersey · Nov 20, 1942

This qualifying clause is a proviso or exception definitive of the scope of the exemption granted by the section, and the provisions are therefore inseparable. … It is the established rule that if a proviso in a statute be directly contrary to the purview, the proviso is good, and not the purview, since the former gives expression to the later intention of the legislature.

Lavin v. Hackensack Bd. of Ed.

178 N.J. Super. 221 · New Jersey Superior Court Appellate Division · Mar 9, 1981

The only conclusion to be reached, therefore, is that the six-year statute of limitation, R.S. 2:24-1, supra, clearly applies to such action and was a valid defense in this case. … N.J.S.A. 8A:29-11 is a legislatively-decreed measure of compensation for qualifying veterans, which comes into operation only after an employment contract has been entered into.

In Re Carluccio

426 N.J. Super. 15 · New Jersey Superior Court Appellate Division · May 25, 2012

Clearly, Title 39 is the statute that allows the [MVC] to disqualify Mr. … N.J.S.A. 11A:4-4(a) authorizes the CSC to establish the list of eligibles for a job title.

Patricia T. Conn, Etc. v. Babylin Rebustillo

445 N.J. Super. 349 · New Jersey Superior Court Appellate Division · May 4, 2016

Plaintiff acknowledges that if the report prepared by NMC qualifies as one prepared and submitted in compliance with the PSA mandatory reporting requirement, it is … The circumstances of David Conn's death clearly fall within the definition of a "serious preventable adverse event."