Case law

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.

Hyland v. Smollok

137 N.J. Super. 456 · New Jersey Superior Court Appellate Division · Dec 2, 1975

Clearly, information concerning previous cases brought under the Removal Act which defendant contends is relevant to his defense of selective enforcement, may be obtained from other representatives of the Attorney General's … This is a far cry from demonstrating the proof of purposefully discriminatory enforcement necessary to establish a violation of equal protection. [Citations omitted.] Yick Wo v.

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.

Salamone v. Regency Palace

337 N.J. Super. 374 · New Jersey Superior Court Appellate Division · Jun 9, 2000

In that case, the plaintiff would clearly have made physical contact with her vehicle and would have been covered under the PIP statute. … Finally, the substantial nexus causation requirement between the injury and qualifying vehicle is present.

SKELTON v. NEW JERSEY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Oct 30, 2020

to train NJDOC food preparers, the Court will dismiss these § 1983 claims without prejudice and need not address Defendants’ qualified immunity claims. … their serious medical needs, the Court will dismiss these § 1983 claims without prejudice and need not address Defendants’ qualified immunity claims.

Huszar v. Greate Bay Hotel

375 N.J. Super. 463 · New Jersey Superior Court Appellate Division · Mar 10, 2005

He claimed that defendants' failure to provide the correct elevator number/designation qualified as an exceptional circumstance under R. 4:24-1(c). Relying on the four-factor test articulated in Vitti v. … Clearly, the closing and timing mechanisms of elevator doors are complex instrumentalities requiring plaintiff to present expert testimony to establish a defective mechanism or negligence in the maintenance of the mechanism

In re Baykal

309 N.J. Super. 424 · New Jersey Superior Court Appellate Division · Mar 9, 1998

The 1986 Civil Service Act established three classes of State civil service employees: career, N.J.S.A llA:3-2, SES, N.J.S.A. llA:3-3, and unclassified, N.J.S.A llA:3-4. N.J.S.A. … Finally, appellant’s argument that the Department of Labor violated her rights by failing to undertake steps to create the position of Director, Temporary Disability Insurance, and to appoint her to that position, is clearly

Barone v. Department of Human Services

107 N.J. 355 · Supreme Court of New Jersey · Jun 23, 1987

The Supreme Court applies intermediate scrutiny only when “concerns sufficiently absolute and enduring can be clearly ascertained from the Constitution” and the Court’s decisions. *366 Plyler v. … When welfare rights have been given priority, they have been linked to well-established constitutional rights. See, e.g., Goldberg v.

McHale v. CIVIL SERVICE COMM'N

178 N.J. Super. 371 · New Jersey Superior Court Appellate Division · Mar 24, 1981

A commission was bestowed upon him upon completion of the Senior Reserve Officers' Training Corps (ROTC) Program established pursuant to the authority of 10 U.S.C.A. § 2101 et seq. … "clearly excludes the type of service to which... [appellant was] a participant" and dismissed his appeal. Appellant did not pursue judicial review of the Commission's decision.

Ward v. Avaya, Inc.

487 F. Supp. 2d 467 · District Court, D. New Jersey · Apr 13, 2007

ESOPs are designed to invest primarily in qualifying employer securities. Id. … Defendants in this case clearly fall within this definition.

Exadaktilos v. Cinnaminson Realty Co. Inc.

167 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Mar 2, 1979

Since plaintiff seeks to qualify for the relief afforded "oppressed" shareholders, resolution of the dispute concerning ownership necessarily precedes an evaluation of the merits of this claim. … Consequently, actions of close corporations that conform with these principles cannot be immune from scrutiny.

Parmentier v. Pennsylvania Co. for Ins., C.

122 N.J. Eq. 25 · New Jersey Court of Chancery · May 7, 1937

With this intention on the part of the testatrix so clearly apparent, it seems to me that when she said that Mr. … He says, `the devisor seems to have had two intentions, which are inconsistent; one was to give an estate in fee to the feme covert , the other to qualify it in such manner as that her husband should have no power over it

Ads Associates Group, Inc. v. Oritani Savings Bank (069987)

219 N.J. 496 · Supreme Court of New Jersey · Sep 30, 2014

I do not believe that the UCC or the common law immunizes a bank from liability when it violates established norms of commercial conduct. I therefore respectfully dissent. I. A. … In the cross-petition, which we granted, Allen stated that “there was clearly a special relationship between Oritani and Allen....

In Re Velis

109 B.R. 64 · United States Bankruptcy Court, D. New Jersey · Oct 24, 1989

In addition, the saving provision for a qualified pension arrangement found in 11 U.S.C. § 522 (d)(10)(E)(iii) seems meaningless if a qualified plan (which with the exception of IRAs and SEPs must include the anti-alienation … bring the debtor’s interest within the exception of 11 U.S.C. § 541 (c)(2) it appears that case law has developed that is clearly entwined with the question of enforceability.

Sumner v. UNSATISFIED CLAIM

288 N.J. Super. 384 · New Jersey Superior Court Appellate Division · Mar 15, 1996

The claimant must be one intended to be protected and he *387 must clearly demonstrate that he belongs to a class for whose benefit the Fund was established." Id. at 398 , 294 A. 2d 272 . … Super. at 180 , 666 A. 2d 619 (holding that the tort threshold requirement N.J.S.A. 39:6-70(n) is not applicable if the injury to a qualified claimant is caused by a hit and run motorist).

State v. Noel

303 N.J. Super. 435 · New Jersey Superior Court Appellate Division · Jul 22, 1997

He was well qualified on the subject. He had testified as an expert on bullet lead analysis on numerous occasions and had analyzed tens of thousands of bullets. … , a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise.

Ivy Hill Park Apartments v. Sidisin

258 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Jun 29, 1992

Section 15:9B-3 provides: The establishment of rents between a landlord and tenant in all housing spaces shall hereafter be determined by the provisions of this chapter. … Plaintiff’s characterization, in its lease, of its entitlement to damages as “so much additional rent for the succeeding months ... and collectable as such” seemingly qualifies under the ordinance as money demanded for the