Case law

State v. Lutz

309 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Mar 16, 1998

That’s why we have here not a breathalyzer, but a state of the art Ekta machine utilized, and we have qualified scientists running these tests, from a nurse with 19 years’ experience withdrawing the blood, to a qualified … The totality of the evidence clearly established probable cause to arrest defendant for driving under the influence of alcohol.

State v. Davis

229 N.J. Super. 66 · New Jersey Superior Court Appellate Division · Nov 28, 1988

every person is qualified to be a witness. … The judge also qualified M.S. as competent to testify.

McCartin v. Surviving Executors of McCartin

45 N.J. Eq. 265 · Supreme Court of New Jersey · Mar 15, 1889

To this extent the act of 1880 modified the earlier law, the-alteration being to partially qualify each party without reference-to the action of the other. … In the absence of a clearly expressed intention to the contrary, it extends to those cases only which are within the purview of the statute.”

LEWIS STEIN VS. DEPARTMENT OF LAW & PUBLIC SAFETY, NEW JERSEY RACING COMMISSION (NEW JERSEY RACING COMMISSION)

458 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Feb 6, 2019

However, in the OTAWA, the Legislature chose to establish an intra-state account wagering system, which is available only to qualifying New Jersey residents when they are physically located in this State. … If the OTAWA has an effect on interstate commerce, it is incidental and the resulting burden is not "clearly excessive" when considered in light of the benefits of establishing an AWS that is available to New Jersey residents

State v. Moore

122 N.J. 420 · Supreme Court of New Jersey · Jan 23, 1991

In later cross-examination the prosecutor questioned whether defendant’s consciousness of guilt, as shown by his concealment of the evidence, clearly established that he had consciously killed: Q. … We find no need to present these photographs as proofs to establish that factor, but they are clearly relevant to the c(4)(c) factor. See infra at 474-478, 585 A.2d 891 -894.

Sellers v. Philip's Barber Shop

46 N.J. 340 · Supreme Court of New Jersey · Feb 21, 1966

Instead of doing so, he says, the Legislature listed the business establishments which were to be considered as within the category. … If his competence does not extend that far, he lacks the legislatively established qualifications for license.

Barletta v. Golden Nugget Hotel Casino

580 F. Supp. 614 · District Court, D. New Jersey · Feb 15, 1984

a conspicuous manner in the casino a notice in bold face type clearly legible and in substantially this form: “Any gaming licensee or officer, employee or agent thereof who has probable cause for believing that any person … Additionally, the Code provision does not provide immunity from civil and criminal liability.

Wartsila NSD North America, Inc. v. Hill International, Inc.

299 F. Supp. 2d 400 · District Court, D. New Jersey · Dec 30, 2003

Because the Court disagrees with the depiction of Beisecker’s proffered testimony, and because Beisecker is clearly a qualified expert on the subject matter on which he proposes to testify, the Court finds that Hill’s objection … Far from being completely untestable (as Hill argues), Bei-secker’s method is applied to clearly identified passages from the transcript.

In re Tavalario

386 N.J. Super. 435 · New Jersey Superior Court Appellate Division · Jun 27, 2006

The record establishes that Tavalario purchased the 7.37-acre property in question, located in Washington Township, Gloucester County, in December 1995. … the SADC’s position is that the following can be used to satisfy the production requirements in the definition of commercial farm. • Income from sales of horses that have been bred on the farm, as breeding of livestock is clearly

LEMONT LOVE VS. MIDDLESEX COUNTY PROSECUTOR'S OFFICE (L-1551-16, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 12, 2020

A-2089-18T3 7  Love argues the trial court erred by granting respondents' motion to dismiss based on prosecutorial immunity, qualified immunity, and late notice of tort claim … , and qualified immunity.

SOMERSET v. CITY OF EAST ORANGE NEW JERSEY

District Court, D. New Jersey · Apr 1, 2022

The immunity is absolute and cannot be overcome by allegations of bad faith or malice. Mireles, 502 U.S. at 11. … Somerset must establish that: (1) he is disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the job, with or without reasonable accommodations by his

LUFT v. THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF NEW JERSEY OCCUPIED BY MICHELLE M. SMITH

District Court, D. New Jersey · Feb 28, 2020

MARTINOTTI UNITED STATES DISTRICT JUDGE 6 Even if Smith did not possess quasi-judicial immunity, she would be entitled to qualified immunity because … Smith did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known” by following New Jersey’s expedited foreclosure case procedures.

Community Hospital Group, Inc. v. More

183 N.J. 36 · Supreme Court of New Jersey · Apr 5, 2005

the public’s access to other qualified neurosurgeons within that area. … JFK contends that the reference in those provisions to "one” year is clearly a typographical error. Dr. More does not concede that these covenants have a two-year duration.

In the Matter of State of New Jersey and Council of New Jersey State College Locals, Aft

New Jersey Superior Court Appellate Division · Apr 17, 2026

Management to develop policies regarding enrollment and registration and has implemented policies ranging from how the Office of the Registrar receives forms to students' compliance with immunization … PERC's approach to determining whether a non-State public employee qualifies as a managerial executive to preclude union membership is far from novel as the State seeks to convince us.

In re Horst Oertel, C.P.

167 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Apr 24, 1979

Clearly, then, if the delegation to the ABC is reasonable, the standard of ABC certification is, as a matter of logical necessity, also reasonable. … A qualified speech therapist is one certified or certifiable by the American Speech and Hearing Association and a qualified occupational therapist is one registered or registerable by the American Occupational Therapy Association

Howley v. Experian Information Solutions, Inc.

813 F. Supp. 2d 629 · District Court, D. New Jersey · Sep 27, 2011

Thomas, 740 F.2d 230, 235 (3d Cir.1984) (“the burden of establishing the facts which qualify a statement as an excited utterance rests with the proponent of the evidence.”). Plaintiffs simply state that “if Mr. … Statements made to establish a defense do not qualify for the exception. This ambiguity concerning Mr. Firlein’s intentions also undermines the claim that the letter falls within the exception. If Mr.

Bauer v. Nesbitt

198 N.J. 600 · Supreme Court of New Jersey · May 7, 2009

fourth count alleges that the C View Inn committed common-law negligence and violated the Dram Shop Act by either serving the underage Nesbitt alcohol when he was visibly intoxicated or allowing him to consume alcohol in his clearly … with immunity from liability for negligence — except as defined in the Act.

Pasterchick v. Insurance Co. of No. America

150 N.J. Super. 90 · New Jersey Superior Court Appellate Division · May 17, 1977

that the motor vehicle was at the time said accident occurred, in the possession of some person other than the owner without the owner's consent and that the identity of such person cannot be ascertained, any qualified person … Clearly, any attempt by an insurance company to dilute or diminish statutory provisions applicable to its contract of insurance is contrary to public policy, and a provision of the policy thus offensive will, as a matter

JESSE DENKINS VS. STATE OPERATED SCHOOL DISTRICT OF THE CITY OF CAMDEN (L-0221-17, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 27, 2019

to qualified immunity on the federal claims, 1 then declined to exercise supplemental jurisdiction over the remaining state and common law claims. … at issue was 'clearly established' at the time of defendant's alleged misconduct."

Davis v. Morristown Memorial Hospital

106 N.J. Super. 33 · New Jersey Superior Court Appellate Division · Jun 5, 1969

Requests, and qualifies for, a temporary appointment." … It was defendant's contention that the ad showed clearly there was no economic loss to plaintiffs. *39 I did permit reopening. Plaintiffs frankly concede they desire another associate and future partner.