Case law

Mazur v. Selected Risks Ins. Co.

233 N.J. Super. 219 · New Jersey Superior Court Appellate Division · May 16, 1989

The conceptual basis in Regino thus clearly rested upon the premise that once the binder was verbally communicated by a person authorized to do so, the company was committed and on notice of its obligation. … Moreover, a rule favoring such a blanket indemnification would effectively immunize an agent from damages despite his negligence. While "damages are generally intended to compensate rather than punish," Berg v.

State v. Barone

96 N.J.L. 417 · Supreme Court of New Jersey · Dec 20, 1921

. *419 AYe think the proof was clearly competent in the aspect in which it was introduced. … The state was clearly entitled to resort to this circumstantial evidence for the purpose of establishing how and under what circumstances Benevento was killed.

Soricelli v. BOARD OF REVIEW, & C.

46 N.J. Super. 299 · New Jersey Superior Court Appellate Division · Sep 20, 1957

Our examination of the hearing records clearly discloses that the Board's findings were supported by competent and more than substantial evidence. IV. … of the citizens of this state requires the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed after qualifying

Halsted v. State

41 N.J.L. 552 · Supreme Court of New Jersey · Nov 15, 1879

Judge Story, in one of his decisions, recognizes this as an established principle of the common law, and applies it to the issue before him. … This is manifestly a clear case in which the court held that the culprit must have had a guilty mind, although such ruling had the effect of qualifying the general statutory language.

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.

Todd v. Jackson

26 N.J.L. 525 · Supreme Court of New Jersey · Mar 15, 1857

They offered no evidence to qualify the possession of the plaintiffs. … The merits are clearly against the defendant.” See also Graham v. Peat, 1 East 244; Harper v. Charlesworth, 4 B.&C. 574.

Schroder v. Kiss

74 N.J. Super. 229 · New Jersey Superior Court Appellate Division · May 15, 1962

It also clearly had the power and the duty to delete the name of anyone not "willing to accept employment." N.J.S.A. 11:22-16 and 11:27-4. … The record clearly establishes that the position no longer exists, either in law or in fact.

AMS EX REL. ADS v. Board

409 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Aug 6, 2009

could not establish domicile because he lacked a physical presence at the condo. … Clearly, these are circumstances that might ordinarily have shifted A.D.S.'

New Jersey Turnpike Authority v. Township of Monroe

2 N.J. Tax 371 · New Jersey Tax Court · Apr 1, 1981

The statute grants an exemption for qualifying Authority property. … The court stated that the language, “used for public purposes,” “clearly contemplates that something more than ownership must be established.

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.

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."

DCPP VS. A.S.K. AND T.T. AND E.M.C. IN THE MATTER OF THE GUARDIANSHIP OF N.D.K., A.E.C. AND E.S.K.(FG-07-197-15, ESSEX COUNTY AND STATEWIDE)

457 N.J. Super. 304 · New Jersey Superior Court Appellate Division · May 23, 2017

Singer was qualified as an expert in psychology and bonding. He conducted a bonding evaluation between Maisie and all three children. … And I find the Division has established that clearly and convincingly. . . . .

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.

Lullo v. International Ass'n of Fire Fighters, Local 1066

55 N.J. 409 · Supreme Court of New Jersey · Mar 9, 1970

Ereedom of contract is a qualified, and not an absolute right. There is no absolute freedom to do as one wills or to contract as one chooses. … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community." N. L. R. B v. Tidewater Exp. Lines, supra, 90 F. 2d at 303 .

BIDWAI

District Court, D. New Jersey · Sep 2, 2026

Sovereign Immunity Plaintiff’s claims must first be dismissed because of Eleventh Amendment sovereign immunity. … Dep’t of State Police, 491 U.S. 58, 64, 67 (1989) (“We cannot conclude that § 1983 was intended to disregard the well-established immunity of a State from being sued without its consent.”); Seeney v. Kavitski, 866 F.

State v. Jamerson

153 N.J. 318 · Supreme Court of New Jersey · Mar 25, 1998

Speth was qualified only as an expert in forensic pathology. … Speth was qualified only as an expert in forensic pathology and not qualified as an accident reconstruction expert.

Mocco v. Picone

203 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Jul 15, 1985

This order established which names were acceptable and which were objectionable. … Appellant makes this assertion because in a Walsh Act recall election a qualified person may register up to one week before the election. N.J.S.A. 40:75-39.

PERRY v. NEW JERSEY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · May 31, 2023

For his disparate-treatment claims,° Plaintiff must establish that (1) he is a member of a protected class, i.e., that he is African American; (2) he was qualified for the position at issue; (3) he suffered an adverse … On these bases, Birardi’s directive cannot qualify as an adverse employment action.

Robert A. Verry v. Franklin Fire District No. 1 (Somerset) (077495) (Statewide)

230 N.J. 285 · Supreme Court of New Jersey · Aug 7, 2017

The District moved for reconsideration, arguing that the GRC had misapplied the “creation test” established in Fair Share Housing Center, Inc. v. … For OPRA disclosure-requirement purposes, as an instrumentality of a political subdivision, a fire district clearly meets the definition of public agency under the second sentence of OPRA’s definition.