Case law

LOVE v. JOHN DOES 1-9

District Court, D. New Jersey · Jul 28, 2023

There is no genuine issue of fact that answering Defendants are immune from liability pursuant to the common law doctrine of qualified immunity. 9, There is no genuine issue of fact that Plaintiffs damages … Here, the Plaintiff's numbered paragraphs refer to affirmative defenses, such as res judicata, collateral estoppel, immunity, qualified immunity, and exhaustion, but he does not provide any legal arguments showing that

Nj St. College Council v. Higher Ed. Bd.

181 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Oct 14, 1981

Set policy on salary and fringe benefits, and establish general personnel policies for the public institutions of higher education; .... … order, when, and if, a vacancy in a position for which such professor, associate professor, assistant professor, *190 instructor, supervisor, registrar, teacher, or other person employed in a teaching capacity shall be qualified

Ocean City Express Co. v. Atlas Van Lines, Inc.

46 F. Supp. 3d 503 · District Court, D. New Jersey · Sep 11, 2014

Consequently, the Court notes that, in order to satisfy the “place of business” requirement under the NJFPA, the contractual *509 agreement must “ ‘contemplate or require’ the franchisee to establish or maintain a place of … The agency agreement in this instance, however, clearly requires Plaintiff to "solicit[,]” "book[J” and "haul shipments” under Defendant’s authority. (Ex. A [Docket Item 18].) . .

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.

United States v. Ernstoff

183 F.R.D. 148 · District Court, D. New Jersey · Oct 16, 1998

General Dynamics Corp., 115 F.R.D. 147 (E.D.Pa.1986), is not enough to establish a reasonable anticipation of litigation under Rule 26(b)(3). … Additionally, the qualified immunity enjoyed by the work product doctrine can be overcome upon a showing of substantial need and undue hardship. Sporck v.

Brennan v. Board of Education, Jersey City, New Jersey

374 F. Supp. 817 · District Court, D. New Jersey · Apr 19, 1974

Building Service Workers”) in such establishment at salaries and resulting rates less than the salaries and hourly rates at which it pays male custodial workers in such establishment, “for equal work on jobs the performance … In fact, the Board has continuously, though erroneously, insisted that it is immune from federal law and prevented by state law from raising pay rates.

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.

Dingleberry v. Board of Review, Department of Labor & Industry

154 N.J. Super. 415 · New Jersey Superior Court Appellate Division · Dec 9, 1977

S. 43:21-19 he has established at least 20 base weeks as defined in subsection (t) 5 of R. … She, accordingly, qualified for benefits under the governing statute. N. J. S. A. 43:21-4(e).

Danek v. Hommer

9 N.J. 56 · Supreme Court of New Jersey · Mar 10, 1952

The relevant provisions of the act are as follows: L. 1911, chapter 95, page 134: "An Act prescribing the liability of an employer to make compensation for injuries received by an employee in the course of employment, establishing … This seems to be the rational consequence of the changed relationship by consent of the parties affected under the act, whereby the employer becomes immune from liability for tort in consideration of the payment of compensation

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 Shorthand Reporting Services v. New Jersey Department of Labor and Workforce Development

New Jersey Superior Court Appellate Division · Feb 12, 2024

Moreover, "[i]f the language leads to a clearly understood result, the judicial inquiry ends without any need to resort to extrinsic sources." Hudson, 209 N.J. at 529. … This provision is not qualified by reference to any FUTA exemption.

P.J.L. v. E.F.N., Esq.

New Jersey Superior Court Appellate Division · Jun 2, 2025

An abuse of discretion "arises when a decision is 'made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.'" Flagg v. Essex Cnty. … She incorrectly distinguishes her suit from Tagayun, where the plaintiffs brought their claims when the underlying substantive law was unsettled and did not clearly foreclose their legal arguments. 446 N.J.

Smith v. Atlantic City Railroad

66 N.J.L. 307 · Supreme Court of New Jersey · Jun 17, 1901

To sustain an exception to such a refusal to nonsuit it must be clearly established, from the facts and circumstances 'developed in the plaintiff’s case, that her failure to exercise ordinary or reasonable care proximately … If so, does this inference so clearly appear as not to be a subject for fair debate? We think not.

State Shorthand Reporting Services v. New Jersey Department of Labor and Workforce Development

New Jersey Superior Court Appellate Division · Feb 12, 2024

Moreover, "[i]f the language leads to a clearly understood result, the judicial inquiry ends without any need to resort to extrinsic sources." Hudson, 209 N.J. at 529. … This provision is not qualified by reference to any FUTA exemption.

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.

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

Sisters of Charity v. Cory

73 N.J.L. 699 · Supreme Court of New Jersey · Jan 2, 1907

In our opinion in the earlier case, after reciting’ the exempting provision of the statute (which remains unchanged except in its phraseology), we proceeded as follows: “No reason is perceived why this statutory immunity … If anything remains after the necessities of the sisters are supplied, it must be' applied, according to their rules, either to extend their establishments for the public good or appropriated to the use of the poor.

North Jersey Media Group, Inc. v. Ashcroft

205 F. Supp. 2d 288 · District Court, D. New Jersey · May 28, 2002

Section 1252(b)(9) is but one of a number of statutory requirements for the specialized review established by § 1252(a)(1). … Clearly, the terms of this section, as well, limit its applicability to the removal context.

Matter of Musick

143 N.J. 206 · Supreme Court of New Jersey · Feb 1, 1996

establishing that the disorder would not have occurred but for the performance of specific work duties.” … The effect of adopting Option 2 was to eliminate clearly the necessity of establishing a one-time occurring accident or traumatic event as the cause of an injury or illness for which SLI benefits are available.

P.B. v. T.H.

370 N.J. Super. 586 · New Jersey Superior Court Appellate Division · Jul 8, 2004

Without such a requirement, a paid nanny or babysitter could theoretically qualify for parental status. … [I]t clearly indicates that this child has an incredibly close relationship with [P.B.] ... far more than a neighbor, far more than a babysitter which [T.H.] at one point tried to portray [P.B.], far more than a godmother