Case law

Ramos v. Browning Ferris Industries of South Jersey, Inc.

103 N.J. 177 · Supreme Court of New Jersey · Jul 8, 1986

The court found that because the employer is immune, “it cannot be a party to a negligence action.” Id. at 107 . … At the time of that revision, the established case law in New Jersey was that a third party may not obtain contribution or implied indemnity from an employer.

Perry v. Prudential-Bache Securities, Inc.

738 F. Supp. 843 · District Court, D. New Jersey · Oct 30, 1989

the technical aspects of his job, he was not qualified for the managerial aspects of his job. … Under the rule established in Klaxon Co. v.

BURL. CTY. COL. FAC. ASSN. v. Bd. of Trustees

119 N.J. Super. 276 · New Jersey Superior Court Appellate Division · May 23, 1972

One of these calendars was passed upon by a defendant witness, a qualified educator, who felt it was a favorable type of calendar. … Similarly, there appears no logical reason to eliminate qualified faculty members from that discussion.

Mays v. Penza

179 N.J. Super. 175 · New Jersey Superior Court Appellate Division · Oct 28, 1980

Such a disadvantage would clearly constitute irreparable harm to defendants. … A statement filed pursuant to subsection d. of this section shall state the residence and post office address of the person so selected, and shall certify that the person so selected is qualified under the laws of this State

BIS LP, Inc. v. Director, Division of Taxation

27 N.J. Tax 58 · New Jersey Tax Court · Oct 25, 2012

N.J.S.A. 54:10A-15.11, in relevant part, provides: a. (1) A partnership that is not a qualified investment partnership ... shall, ... remit a payment of tax. … Clearly under the Agreement, Management was responsible for the payment of the partnership’s taxes which is an obligation inherent in the tax compliance function.

Original R. & R. Pickle Works v. G. ARRIGONI & C.

28 N.J. Super. 405 · New Jersey Superior Court Appellate Division · Nov 13, 1953

The crops were not all destroyed; the record here establishes very substantial shipments of those crops. … We do not conceive that the federal laws were designed to grant debtors such an immunity from their creditors. There is very little law on the matter.

Sharrock v. Keansburg

15 N.J. Super. 11 · New Jersey Superior Court Appellate Division · Aug 9, 1951

Sample ballots were prepared and mailed to the qualified voters by the district boards of elections on October 31, 1950, and on November 1, 1950. … We conclude that the well established rule so expressed is applicable to the factual characteristics of the present case.

Council of New Jersey State College Locals v. State Board of Higher Education

91 N.J. 18 · Supreme Court of New Jersey · Aug 2, 1982

In regard to reemployment, N.J.A.C. 9:2-3.8 authorizes the rehiring of faculty members “who the President believes, as a result of his academic judgment, are qualified to fill the position.” … The tenure statute clearly refers to teaching staff reductions necessitated by a “natural diminution in pupils.”

Pilat v. Broach Systems, Inc.

108 N.J. Super. 88 · New Jersey Superior Court Appellate Division · Dec 9, 1969

The court said: Nor should the charge that the petitioner is not acting in good faith, and that he is really seeking for information which he may use to the detriment of this company, and to establish another, which shall … In such case, if the *96 purpose be clearly established, the court would not lend its aid to its accomplishment.

Phair v. Melosh

125 N.J. Eq. 497 · New Jersey Court of Chancery · Apr 25, 1939

Melosh qualified as executor thereunder. … Melosh qualified as executor and by which her estate passed to her grandchildren, Elizabeth Melosh, now Phair (the complainant), and Rudolph C. Melosh, children of William F. Melosh.

Caruso v. Blockbuster-Sony Music Entertainment Centre

968 F. Supp. 210 · District Court, D. New Jersey · Jun 25, 1997

Therefore, the lawn area is clearly not encompassed by § 4.1.3(19)(a). … The parlies briefed the issue of whether the lawn area qualifies as a "public accommodalion.’’

In Re Guardianship of JO

327 N.J. Super. 304 · New Jersey Superior Court Appellate Division · Jan 14, 2000

The Act *346 also establishes substantive standards "exceeding those provided for non-Indian parents under state law." … We stress that the Family Part judge did not require a conclusive showing that the children qualified as Indians under the Act.

SHAIKH v. KIRSCH

District Court, D. New Jersey · May 12, 2025

“To be frivolous, a claim must rely on an ‘indisputably meritless legal theory’ or a ‘clearly baseless’ or ‘fantastic or delusional’ factual scenario.” Mitchell v. … Whether an act qualifies as a judicial act depends on “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectation of the parties, i.e., whether they dealt with

Estelle v. Bd. of Ed., Red Bank

26 N.J. Super. 9 · New Jersey Superior Court Appellate Division · May 8, 1953

In each of these cases, the statute was held to afford immunity. In Terranella v. Union Bldg. etc. … The subject matter of the present action is clearly within the court's jurisdiction, without regard to any prior proceeding.

Wolff v. Mercer Medical Center

220 N.J. Super. 360 · New Jersey Superior Court Appellate Division · Oct 16, 1987

Nevertheless, she is amenable to the establishment of a trust fund in an amount fixed by the court provided the fund is dedicated solely for educational purposes. … However, our statute clearly specifies that the age of the dependents (and therefore beneficiaries' relative periods of dependency) is only one of the factors to be considered.

Horwitz v. Reichenstein

15 N.J. 6 · Supreme Court of New Jersey · Mar 22, 1954

If so, it is our clear duty to choose that construction which will carry out the legislative intent of the statute as a whole, and that the contention urged by the appellant clearly does not do. … With ward elections, moreover, a qualified person known principally in his own ward will be able to run for ward councilman prior to establishing a citywide reputation. * * * The election of some eouncilmen from wards is

JAIME TAORMINA BISBING VS. GLENN R. BISBING, III (FM-19-0324-14, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 7, 2021

The Orlowski court, in addressing the enforcement of the counsel fee and forensic accountant awards through a qualified domestic relations order, cited to the holding from In Re Gruber, 436 B.R. 39, 43-44 (Bankr. N.D. … Further, the Gruber court found that even if the counsel fee obligation did not qualify as non- dischargeable under Section 5, it would nevertheless fall within the scope o f a non-dischargeable debt under Section 15.

Guzman-Cabrera 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 … “[I]n construing the federal RICO law, [the Third] Circuit has rejected the argument that personal injuries qualify as RICO injuries to ‘business or property.’” Williams v.

Alamo Rent a Car, Inc. v. Galarza

306 N.J. Super. 384 · New Jersey Superior Court Appellate Division · Dec 8, 1997

An agreement to waive statutory remedies must “be clearly and unmistakably established, and contractual language alleged to constitute a waiver will not be read expansively.” Red Bank Reg'l Educ. … No reading of the Alamo arbitration clause clearly and unmistakably establishes that Galarza waived her right to pursue her LAD claim..

M. v. S.

169 N.J. Super. 209 · New Jersey Superior Court Appellate Division · Jun 6, 1979

Div. 1975), held that the county welfare board was entitled to budgetary immunity to such expenses in the absence of specific appropriation for such tests. … Clearly there is a nexus between the parties and the county welfare board.