Case law

Liguori v. Allstate Ins. Co.

76 N.J. Super. 204 · New Jersey Superior Court Appellate Division · Aug 29, 1962

Putting to one side the choate-inchoate discussion, it clearly establishes that there is no right in such a claimant to interfere with distribution merely because such payment diminishes the fund. … On the other hand, settlement with a co-claimant under circumstances which *213 do not contain elements of bad faith is, and should be, immune from a demand for restraint and ratable distribution.

State v. Gonzalez

186 N.J. Super. 609 · New Jersey Superior Court Appellate Division · Oct 13, 1982

The affidavits in support of defendant's motion establish that Aladino Gonzalez is a deaf mute of Hispanic origin. … Even if defendant had waived his right to counsel, it is fundamental that the State bears the burden of going forward and establishing a prima facie case of the violation charged.

Elkind Sons v. Retail Clerks'

114 N.J. Eq. 586 · New Jersey Court of Chancery · Dec 13, 1933

The defendants' "demand" for the closed shop was clearly in violation of the code. … Accordingly, such statutes do not render lawful any act or acts which were unlawful at the time the statutes were enacted, and the existence of a dispute is a condition of the immunity to injunction declared by the statute

Simmons v. Arvonio

796 F. Supp. 777 · District Court, D. New Jersey · Jun 24, 1992

It is a well established principle of federalism that a state decision resting on an adequate foundation of state substantive law is immune from review in the federal courts. See Wainwright v. … Moreover, the judge properly instructed the jury that Wilson’s immunity only applied to the use of his own testimony against him.

State v. Ciancaglini

204 N.J. 597 · Supreme Court of New Jersey · Jan 19, 2011

The Legislature clearly understood how to provide for enhanced sentences by reference to prior convictions, but never endeavored to provide, even after our decision in Cummings , that a prior refusal conviction could be treated … Such a reading is consistent with the well-established principle that penal statutes must be strictly construed.

Beljakovic v. Director

26 N.J. Tax 455 · New Jersey Tax Court · Aug 1, 2012

It is well-established that the legislative intent of N.J.S.A. 54A:4-1 is to prevent multiple taxation of the same income actually taxed by foreign jurisdictions. Mannino v. … Plaintiffs argue that “qualifies” in N.J.A.C. 18:35—4.1(a)(3)(ii)(l) should mean “eligible” for reduction, and the undisputed facts in this case, as further evidenced by the corporate returns filed in NYS and NYC, establish

In Re Presentment by Camden Co. Grand Jury

34 N.J. 378 · Supreme Court of New Jersey · Mar 21, 1961

The presentment is immune. It is like the `hit and run' motorist. Before application can be made to suppress it, it is the subject of public gossip. The damage is done. … Such reprobation clearly tends to deprive Pierce of his good name and to besmirch his character.

Ferry Plaza Urban Renewal, L.P. v. City of Newark

21 N.J. Tax 100 · New Jersey Superior Court Appellate Division · Apr 14, 2003

Plaintiff qualified as an urban renewal entity, and received approval from defendant for its project. See N.J.S.A. 40A:20-3(g); 40A:20-5; 40A:20-8. … The SILOT reimbursements paid by tenants to the taxpayer qualify as revenue.

B.C. v. T.G.

430 N.J. Super. 455 · New Jersey Superior Court Appellate Division · Jan 31, 2013

a child-in-common of the parties in order to establish jurisdiction under the Act. … In this case, plaintiff herself is a minor, but nonetheless clearly qualifies as a domestic violence victim under the Act because she had a dating relationship with defendant.

Adamson v. Chiovaro

308 N.J. Super. 70 · New Jersey Superior Court Appellate Division · Feb 4, 1998

Gordon was not qualified to express such opinions since he lacks a medical degree. … If defendant successfully establishes in a subrogation action that Paul Revere is obligated to plaintiff under the terms of the disability policy, it would be entitled to receive from Paul Revere such sums as may be due,

Township of Hopewell v. Goldberg

101 N.J. Super. 589 · New Jersey Superior Court Appellate Division · Jul 10, 1968

Our Legislature has clearly indicated its intent that New Jersey participate in the Federal aid highway program. … Participation in the Federal highway aid program is clearly within the scope of the statutes.

Straley v. United States

887 F. Supp. 728 · District Court, D. New Jersey · Jun 1, 1995

The trial court granted a motion in limine precluding such evidence because the parent was immune from liability under the state’s doctrine of parental immunity and therefore could not be considered a joint tortfeasor. … In some very limited situations, courts have held that the inference of liability of defendants is so clearly established by the circumstances of the prima facie case that both the burdens of production and persuasion should

In re E. Reboulin Fils & Co.

165 F. 245 · District Court, D. New Jersey · Jul 23, 1908

The evidence in general establishes this fact beyond controversy, and the so-called trust receipts in and of themselves confirm it. … Clearly no title to the goods passed, but only their custody — a custody which, if, and in so far as, it constituted possession, was in law the possession of the petitioners.

Knapp v. Mayor of Hoboken

39 N.J.L. 394 · Supreme Court of New Jersey · Jun 15, 1877

Fraud in the inception of the instrument being established, the burden is laid on the plaintiff to build up a title in himself better than that of the original party, lie can recover only in virtue of the merits of his own … to render them, in the hands of bona fide holders, unassailable by defences to which they would be subject in the hands of the immediate parties, unless such power is conferred by legislative enactment, either express or clearly

United Wire, Metal & MacHine Health & Welfare Fund v. Morristown Memorial Hospital

793 F. Supp. 524 · District Court, D. New Jersey · Jul 6, 1992

At the outset, this Court notes that the TIA clearly applies to the types of claims and, relief that plaintiffs seek. … ERISA Pre-emption Plaintiffs argue that ERISA preempts the method New Jersey utilizes for establishing hospital rates.

State v. Labaw

32 N.J.L. 269 · Supreme Court of New Jersey · Jun 15, 1867

It is true, as urged for the defendant, that by the well established principles applicable to the election of officers by corporations, when a meeting is duly assembled, those who do not choose to vote, or who voluntarily … I am, therefore, clearly of opinion that the viva voce town meeting, attempted to be held on the eighth of April, at which Mr.

Phelps Dodge Industries, Inc. v. Director, Division of Taxation

8 N.J. Tax 354 · New Jersey Tax Court · Aug 4, 1986

The burden is upon the claimant to clearly bring himself within an exemption provision. Ibid. Tax exemptions are not favored, and doubts are to be resolved against one claiming the exemption. Bloomfield v. … Not every refining activity or chemical change qualifies a material for exemption.

In Re Commitment of MM

384 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Mar 31, 2006

On the basis of the forgoing, we hold that trial courts must take a narrow view of the circumstances that qualify as "exceptional" and establish "good cause" for extension. … As these statutes clearly provide, medical labels are not determinative of the existence of a qualifying "mental illness" or dangerousness; a functional analysis of the patient's condition under "the standards plainly articulated

Shaw v. City of Jersey City

346 N.J. Super. 219 · New Jersey Superior Court Appellate Division · Jan 3, 2002

Judge Gallipoli found from plaintiff's testimony and the narrative of the events contained in the police report that plaintiff's injuries were caused by the "clearly intentional conduct of the uninsured tortfeasor who tried … NJM concedes that the facts here establish a substantial nexus between the accident and the use of an uninsured vehicle.

State v. Flavell

24 N.J.L. 370 · Supreme Court of New Jersey · Feb 15, 1854

The second clause of the proviso qualifies the limitation, by confining it to a particular class of taxes. … This was clearly illegal, and to that extent the assessment should be corrected. The State v. Bentley, 3 Zab. 532.