Case law

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.

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.

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

Weehawken Env. Committee, Inc. v. Tp. Weehawken

161 N.J. Super. 381 · New Jersey Superior Court Appellate Division · Jul 13, 1978

Kawaida Towers, Inc., supra , a project, to qualify for tax exemption, need not actually be located in a blighted area. … Such detailed procedures clearly reflect a legislative design to provide for careful, deliberate and sound municipal planning with the right of the public to be heard.

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.

Greene v. Memorial Hospital

304 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Oct 8, 1997

While the trial court ultimately struck the witness’s answer because it was not phrased in terms of medical “certainty,” the judge clearly erred in that respect. … Although Phillips later qualified his answer to some degree when cross examined, the question propounded by counsel causing him to so respond was so prolix as to be incapable of yielding a reliable reply.

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

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.

Vega v. United States

269 F. Supp. 2d 528 · District Court, D. New Jersey · Jun 12, 2003

Therefore, we accept the petitioner’s factual allegations as true, unless the record establishes that they are clearly frivolous. United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992); Forte, 865 F.2d at 62 . B. … CONCLUSION The Court finds that petitioner has not met his burden to establish a right to relief under 28 U.S.C. § 2255 .

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.

Prezlak v. Padrone

67 N.J. Super. 95 · New Jersey Superior Court Appellate Division · Mar 29, 1961

The case, however, is clearly inapplicable as a precedent to be used in construing the East Orange charter. … Earle clearly establishes that the act of the governing body of a municipality in filling a vacancy therein does not partake of the usual legislative power which is exclusively within the domain of that body, and under which

Owens v. Kessler

272 N.J. Super. 225 · New Jersey Superior Court Appellate Division · Apr 5, 1994

Temporary transitory pain with insufficient "technical undefined trauma" do not qualify as objective medical findings. … However, we must also determine whether plaintiff established that the objective injury had a "serious impact" on plaintiff's life.

Bauer v. Nesbitt

198 N.J. 601 · Supreme Court of New Jersey · May 7, 2009

with immunity from liability for negligence—except as defined in the Act. … Our decision in no way weakens our ease law concerning the duty of care governing commercial establishments.

Public Interest Research Group v. United States Metals Refining Co.

681 F. Supp. 237 · District Court, D. New Jersey · Oct 1, 1987

Instead, defendant broadly asserts that all of its permit violations qualify as upsets. EPA’s regulations do not permit this type of blanket defense. … Defendant’s 1974 permit clearly prohibited, after March 31, 1976, daily discharges of zinc that exceeded 1.26 kilograms. NPDES Permit No.

Cold Indian Springs Corp. v. Township of Ocean

161 N.J. Super. 586 · New Jersey Superior Court Appellate Division · Jul 10, 1978

Originally, "property tax reduction" was defined in § 6.3 as the amount of property tax reduction "attributable solely to the State aid received during the tax period from the State Aid For Schools Fund established in N.J.S … We find the alteration to have been purposeful and the tax reduction resulting from the revaluation clearly encompassed by the language of the statute.

Bankston v. Housing Authority

342 N.J. Super. 465 · New Jersey Superior Court Appellate Division · Jun 28, 2001

The plain language of the Act clearly and unequivocally demonstrates that it applies only to a contractor’s employees and not, as here, to a direct employee of a public agency. … The fact that she eventually qualified for such a position and now earns union wages does not lend any support for her claim of entitlement beforehand.

Gareeb v. Weinstein

161 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 29, 1978

Jones the court clearly rejected the reasoning of the trial judge in the instant case, that since the defendants in the two actions were principal and agent, they were "the same basic parties" and that the single controversy … or qualified.

Gerber Industries, Inc. v. Bildisco (In Re Bildisco)

11 B.R. 1019 · District Court, D. New Jersey · Jun 25, 1981

Gerber views the consignment as a “true consignment” by stressing that the agreement provides: for title to remain in Gerber; for the inventory to be clearly marked as Gerber’s; for the inventory to be segregated from all … It may mean that perfection immunizes the consigned goods from all attacks made by creditors (including those prior in time) or only from those attacks by creditors whose claims were made after perfection (thus recognizing