Case law

Lopez v. Pitula

271 N.J. Super. 116 · New Jersey Superior Court Appellate Division · Mar 2, 1994

course requirement in effect on the date of the attorney’s admission, is in good standing, and maintains a bona fide office for the practice of law in this State regardless of where the attorney is domiciled____ A person not qualifying … In In re Sackman, 90 N.J. 521, 528-29 , 448 A.2d 1014 (1982), the Supreme Court amended R. 1:21- 1(a) to avoid challenges under the privileges and immunities, commerce and due process clauses of the Federal Constitution *

NM v. Division of Medical Assistance and Health Services

405 N.J. Super. 353 · New Jersey Superior Court Appellate Division · Feb 26, 2009

The Medicaid Program established by Title XIX of the Social Security Act (the "Act"), 42 U.S.C.A. § 1396 to § 1396w-1, is a joint federal-state program designed to provide medical assistance to individuals "whose income and … decisions are supposed to extend to the CMS's interpretation of the federal statutes governing Medicaid, the CMS's interpretation should be followed unless an adversely affected party can show that this interpretation is clearly

DEPT. OF ENVIRONMENTAL PROTECTION v. Kafil

395 N.J. Super. 597 · New Jersey Superior Court Appellate Division · Aug 15, 2007

In reconsidering the matter, the trial court adhered to its initial conclusion, but qualified the reasoning to opine that the statutory provisions at issue "prohibit[ed DEP] from seeking a court ordered injunction for remediation … Unquestionably, this option is available to DEP, but the existence of such an alternative cannot be seen to bar DEP from availing itself, at its reasonable election, of another remedy clearly established in N.J.S.A. 58:10

Young v. Stevens

132 N.J.L. 124 · Supreme Court of New Jersey · Sep 14, 1944

It is well established that having qualified as medical doctors they are competent to testify on all medical subjects upon which they claim sufficient ability to express an opinion. … However, the complaint was clearly broad enough to cover such an allegatiori. There was no error therein.

Gilberg v. Stepan Co.

24 F. Supp. 2d 325 · District Court, D. New Jersey · Aug 20, 1998

Stepan’s FTCA argument, however, was clearly placed under the separate caption of “Federal Question Jurisdiction.” Notice of Removal ¶¶ 14-21. … If he finds that the enemy control has penetrated the management, he restaffs the enterprise with qualified personnel.

Moya v. City of New Brunswick

90 N.J. 491 · Supreme Court of New Jersey · Aug 10, 1982

In return for his statement, he was given immunity from prosecution for all crimes except the jewelry theft. … That history shows that the language relied on by the Appellate Division in Valerius as clearly restricting the remedy to provision of counsel in advance (allowing reimbursement only upon acquittal of charges brought by the

McBride v. City of Jersey City

19 N.J. Misc. 637 · New Jersey Tax Court · Nov 18, 1941

Petitioner qualified as executrix and the respondent’s assessing authorities made a personal property assessment against the estate in her hands, for the year 1939, in the amount of $12,400. … It would clearly appear that the present ease is an a fortiori situation, and that the assessment must be sustained if the property was actually subject to taxation, as of October 1st, 1938.

West Africa Trading & Shipping Co. v. London International Group

968 F. Supp. 996 · District Court, D. New Jersey · Jun 14, 1997

As the Fifth Circuit has analyzed, the use of the qualifier “any” before the term “federal law” “suggests that the Advisory Committee intended Rule 4(k)(2) to reach not just federal question cases ... but all claims arising … It does not establish personal jurisdiction if the only claims are those arising under state law or the law of another country.”

State v. E.R.

273 N.J. Super. 262 · New Jersey Superior Court Appellate Division · May 11, 1994

Defendant’s prior heroin addiction, his prior *270 criminal convictions, his present plea of guilty to possession of cocaine with intent to distribute, clearly justified the court’s conclusion that aggravating factors (6) … Although the State’s concern is legitimate, the standards established for a prisoner’s release due to his medical condition on an application under R. 3:21 — 10(b)(2) are very precise. See State v.

MOSLEY v. STATE OF NEW JERSEY

District Court, D. New Jersey · Aug 31, 2022

State Motion Defendant State of New Jersey and the Prosecutor Defendants argue that prosecutorial immunity, absolute immunity, Eleventh Amendment immunity, and/or qualified … A prosecutor bears the “heavy burden” of establishing entitlement to absolute immunity. Light v. Haws, 472 F.3d 74, 80–81 (3d Cir. 2007).

Dean v. Barrett Homes, Inc.

204 N.J. 286 · Supreme Court of New Jersey · Nov 15, 2010

The Products Liability Act, N.J.S.A. 2A:58C-1 to -11, established a unified theory of recovery for harm caused by products. … A prefabricated home that gave off fumes and sickened its residents, for example, would certainly qualify. See, e.g., Schipper v.

Groh v. Groh

288 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Aug 29, 1995

The parties do not dispute that plaintiff's pension is a qualified plan under ERISA. … ERISA clearly supersedes state law involving distribution of Henry's death benefits.

Chemical New Jersey Holdings, Inc. v. Director, New Jersey Division of Taxation

22 N.J. Tax 606 · New Jersey Superior Court Appellate Division · Dec 17, 2004

PLAINTIFF HAS MADE A PRIMA FACIE SHOWING THAT IT QUALIFIES AS A FINANCIAL BUSINESS CORPORATION. … Despite plaintiffs suggestion that its choice of filing status was merely a ministerial task, the decision was clearly of significant business importance.

Hotel & Restaurant Employees & Bartenders International Union Local 54 v. Danzinger

536 F. Supp. 317 · District Court, D. New Jersey · Mar 22, 1982

Labor organizations are not immune to the possibilities of corruption. … We can be asked to condemn a state statute as in conflict with national legislation only if the conflict is clearly shown, Allen-Bradley Local v.

Anderson v. DSM N.V.

589 F. Supp. 2d 528 · District Court, D. New Jersey · Dec 15, 2008

Plaintiff fails to prove that she is a “qualified individual.” … In her submissions, Anderson attempts to establish her status as a qualified individual by referring this Court to positive reviews she received during her tenure with DPI. {See PI. Opp. Br., p. 25-26.)

Cole National Corp. v. State Board of Examiners of Ophthalmic Dispensers & Ophthalmic Technicians

107 N.J. Super. 278 · New Jersey Superior Court Appellate Division · Oct 28, 1969

Eespondent Board was created and established by L. 1952, c. 336 (now N. J. S. … The statutory scheme protects the public by requiring those who actually examine eyes to be properly qualified.

Crowell v. Transamerica Delaval Inc.

206 N.J. Super. 298 · New Jersey Superior Court Appellate Division · Sep 17, 1984

Super. 153 (App.Div. 1982), the court, citing Pierce , said: "The task of a court is to distinguish between public policy and the employee's own values; the latter would not entitle the employee to immunity from discharge … "Judicial decisions" have established the equitable estoppel rule in a long parade of cases. For example, in N.J. Suburban Water Co. v.

Paff v. Director, Office of Attorney Ethics

399 N.J. Super. 632 · New Jersey Superior Court Appellate Division · Sep 28, 2007

The words, “except upon order to the Supreme Court”, established a need for an applicant to establish certain criteria to permit disclosure. Ibid, (quoting S.D. Codified Laws § 16-19-66 ). … Clearly, documents prepared by OAE, as well as documents collected by or received by OAE from outside sources, in the possession of a public agency, qualify as common law records.

Tractenberg v. Township of West Orange

416 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Sep 16, 2010

The mere fact that the completed appraisals were addressed to the Township attorney did not establish an attorney-client relationship. … Here, it cannot be said that the competitive advantage exemption clearly applies to these facts.

H. v. H.

59 N.J. Super. 227 · New Jersey Superior Court Appellate Division · Dec 17, 1959

If the rule in adultery cases is applicable by analogy, inclination, opportunity, and, indeed, indulgence are clearly established. Corroboration, by circumstances and tacit admission, is amply made out. … We conclude that the required harmful effect of defendant’s behavior has been sufficiently established.