Case law

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.

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.

Turf Lawnmower v. Bergen Record

269 N.J. Super. 370 · New Jersey Superior Court Appellate Division · Jan 3, 1994

They are clearly private persons who have been subjected to general public notice by the very conduct which they allege gives rise to their cause of action. See also Gertz v. … The significance of this threshold determination is that if the subject is deemed to be one of legitimate public interest, the speaker is invested with a qualified privilege.

Carteret Savings Bank, FA v. Office of Thrift Supervision

762 F. Supp. 1159 · District Court, D. New Jersey · Apr 25, 1991

Furthermore, the court found that the APA did not provide for a waiver of the sovereign’s immunity. (Id.) … Essentially, both sides argue that the language of the statute “clearly” supports their interpretation.

Continental Ins. Co. v. Boraie

288 N.J. Super. 347 · New Jersey Superior Court Appellate Division · Oct 23, 1995

Clearly here, the parties intended to shift the risks of loss to insurance policies which they undertook to procure. … In the case at bar, had tenant obtained the required waiver of subrogation, plaintiff's action clearly would not have been sustainable.

Fetter v. Maersk Line, Limited

District Court, D. New Jersey · Jan 27, 2020

Thus, 3MC is immunized from Fetter’s negligence claims pursuant to the LHWCA. G. … With this purpose in mind, the Supreme Court in Chandris articulated a two-prong standard to determine who qualifies as a Jones Act seaman.

BRINSON v. WILLIAMS

District Court, D. New Jersey · Jul 13, 2021

“The doctrine of qualified immunity insulates government officials who are performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Application of the immunity depends on (1) whether the facts put forward by the plaintiff show a violation of a constitutional right; and (2) whether the right at issue was clearly established at the time of the alleged

State v. Griffith

336 N.J. Super. 514 · New Jersey Superior Court Appellate Division · Feb 1, 2001

The significant issue is whether the other qualifying NERA element—that the offense be a "violent crime"—has also been satisfied. … Burford, supra, 163 N.J. at 18 , 746 A. 2d 998 , the Court noted that "deadly weapons" clearly include firearms and other "objects that, by their nature, have no apparent use or purpose other than the infliction of death

Blair v. Erie Lackawanna Railway Co.

124 N.J. Super. 162 · New Jersey Superior Court Appellate Division · May 22, 1973

Co., supra., 29 N.J. 253 , particularly in light of the trend in the law today towards the limitation of immunities from liability. See, for example, Willis v. … But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision.

Mueller v. Seaboard Commercial Corp.

5 N.J. 28 · Supreme Court of New Jersey · Jun 12, 1950

S. 2:42-88 in that they fail to establish that the plaintiff has a cause of action. … The foregoing facts which were set forth in the plaintiff’s affidavits clearly establish prima facie the proposition that Technical and Boberts in refusing to deliver up the property were acting as agents for and under instructions

In Re Petitions for Rulemaking, N.J.A.C. 10:82-1.2 & 10:85-4.1

117 N.J. 311 · Supreme Court of New Jersey · Dec 11, 1989

The difference in programs (aside from funding sources) is that the AFDC program serves only families with children in need while the GA program is the program of “last resort” for many needy citizens not qualifying for categorical … For example, social security benefits increased by 10% in 1971, by 20% in 1972, and by 7% in 1973, and were indexed, effective 1975, by a formula that “immunized them from the runaway inflation of the late 1970s.”

United States v. New Jersey

658 F. Supp. 9 · District Court, D. New Jersey · Oct 14, 1986

DISCUSSION The Justice Department in initiating this action, sought to enjoin use of the existing promotion lists because they were the product of clearly unlawful exams. … There is little question that this court has the discretion to order affirmative action here, even given the rigorous threshold these rulings establish.

Wildlife Preserves, Inc. v. Borough of Lincoln Park

151 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Jun 29, 1977

“The existence of any lost or destroyed deed * * * may be established by judgment in the superior court in an action brought in a summary manner or otherwise.” N. J. S. A. 2A:47-1. … There is no indication in the record that Wildlife ever undertook to pursue this statutory remedy to establish its “lost” deeds.

Gross v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.

303 N.J. Super. 336 · New Jersey Superior Court Appellate Division · Feb 5, 1997

The requirement to qualify for class certification consists of a two-step process. … Also, plaintiffs’ counsel is clearly qualified to represent a class such as this, judged from their resumes attached to their brief; thus, this requirement has been satisfied.

James Moran v. Board of Trustees, Police and Firemen's Retirement System

438 N.J. Super. 346 · New Jersey Superior Court Appellate Division · Nov 25, 2014

Undisputed evidence at the hearing established that firefighting duties were divided between two different units, each of which would arrive at a fire in a different fire truck. 2 Breaking … While this was not a classic "accident" in the sense that the house did not collapse on Moran, nor did he trip while carrying a fire hose, it was clearly an unexpected and undesigned

Nota v. Board of Review

231 N.J. Super. 341 · New Jersey Superior Court Appellate Division · Mar 29, 1989

In the latter instance, as a matter of administrative convenience the Division may reasonably require a corporation to dissolve in order to establish that it has permanently ceased doing business. See N.J. … and uniformly to all similarly situated persons; (3) is designed to operate only in future cases, that is, prospectively; (4) *347 prescribes a legal standard or directive that is not otherwise expressly provided by or clearly

STATE OF NEW JERSEY VS. COUNTY OF OCEAN (L-0527-20, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 4, 2021

Although this authority is undoubtedly possessed by the Attorney General under his existing powers, this amendment is intended to explicitly establish that authority and the … [Off. of the Att'y Gen, Report of the Attorney General's Task Force on Sovereign Immunity 249 Cmt. (1972).]

State v. Oglesby

122 N.J. 522 · Supreme Court of New Jersey · Jan 23, 1991

A defect on so critical a point clearly had the capacity of producing an unjust result. See R. 2:10-2. … NOTES [1] The motion produced this exchange: [COUNSEL]: I feel that the [death qualifying] system is defective in that the juror should be death-qualified in terms of their views on the death penalty prior to even coming

In Re Adamar of New Jersey, Inc.

401 N.J. Super. 247 · New Jersey Superior Court Appellate Division · Jul 1, 2008

Such circumstances clearly raised a question as to Silver's independence, and formed a basis for DGE's complaint against Tropicana. … Here the standards cited and applied by the Commission are clearly enunciated in the statute and duly adopted regulations.

WISE v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Nov 17, 2021

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to the immunity … A plaintiff must allege facts that “establish each individual [d]efendant’s liability for the misconduct alleged.” Id.