Case law

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..

State v. Baluch

341 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Jun 13, 2001

The judge denied the motions, reasoning: With regards to the spousal immunity.... … The State's argument quite clearly is that that evidence comes in under 404(b) in order to establish intent, identification and motive.

Den ex dem. Martin v. Brown

7 N.J.L. 305 · Supreme Court of New Jersey · Nov 15, 1799

subjects— whenever he endeavors, by the terror of his power, the weight of his authority, or the force of arms, to compel them to a surrender of their essential privileges, instead of protecting them in the exercise of their immunities … America and England were under the authority of the same government, and owed allegiance to one monarch, was considered as a natural born subject of that crown, and entitled, in every part of his dominions, to the rights and immunities

First Union National Bank v. Gibbons (In Re Princeton-New York Investors, Inc.)

219 B.R. 55 · District Court, D. New Jersey · Mar 13, 1998

The parties do not dispute that the Trustee’s claim falls outside the time limitations period established by § 25:2-31. … Congress is empowered to establish uniform bankruptcy laws throughout the United States under Article 1, § 8 of the Constitution.

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

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.

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. 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.

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....

J.W. v. L.R.

325 N.J. Super. 543 · New Jersey Superior Court Appellate Division · Oct 13, 1999

Based upon that advice, defendant’s attorney moved for summary judgment, urging that no causation could be established absent expert testimony. … He also relied upon the legislative policy established by N.J.S.A. 2A:61B-1.* 2 Plaintiffs opposing certification stated, in pertinent part: 2.

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.

South Plainfield v. Kentile Floors, Inc.

186 N.J. Super. 399 · New Jersey Superior Court Appellate Division · Feb 11, 1982

Clearly, the rule leaves to the discretion of the Tax Court the proofs necessary to support a stipulated judgment. … Upon a motion made by the taxpayer, the statute directs the court to apply the freeze provided neither of the two exceptions contained therein is established.

Hansen v. Eagle-Picher Lead Co.

8 N.J. 133 · Supreme Court of New Jersey · Nov 5, 1951

However, later, still on direct examination, he qualified his statements by testifying that “there was sub-contractors and other men working and it was a lot of roof up there. … Ct. 1895) is typical, are all clearly distinguishable.

Rotino v. J. P. Scanlon, Inc.

125 N.J.L. 227 · Supreme Court of New Jersey · Aug 28, 1940

L. 511, he ruled that, to qualify a medical witness on the question of an increase or decrease of incapacity, he “must know” the employee’s condition at the time of the earlier award, and that, with one exception, the employee … Applying to the evidence the established rule that, where the disability is the product of disease aggravated by accidental injury of the statutory class, it is compensable, the employee has, it seems to me, clearly sustained

Joan Mernick and John Mernick v. Wanda McCutchen and Hudson

442 N.J. Super. 196 · New Jersey Superior Court Appellate Division · Sep 3, 2015

We next consider the well-established legal principles that inform our analysis. … The surveillance video in the present case clearly falls within this category of material prepared for litigation.

Cobra Products v. Federal Ins. Co.

317 N.J. Super. 392 · New Jersey Superior Court Appellate Division · Dec 31, 1998

Generally, an insured bears the burden of establishing that a claim is within the basic policy terms. Diamond Shamrock Chemicals v. … Bell clearly was an employee at all times. He initiated the thefts and his dishonesty defeats the coverage.

State v. Auringer

335 N.J. Super. 94 · New Jersey Superior Court Appellate Division · Nov 9, 2000

A statute is presumed to be constitutional and the burden of establishing unconstitutionality is on the party challenging its *100 validity. State v. … Defendant has demonstrated no burden of any kind on interstate commerce, let alone a “clearly excessive” burden, see Pike v.

State v. Fuller

182 N.J. 174 · Supreme Court of New Jersey · Dec 22, 2004

Strauder established that it is a denial of equal protection for a defendant to be tried before a jury selected from a venire that, by law, excludes members of his or her race “because of color alone, however well qualified … Yet, members of other religions, lacking characteristic names or outward expressions of their faith, appear immune from detection.

State v. Pierce

188 N.J. 155 · Supreme Court of New Jersey · Aug 2, 2006

In defendant’s case they clearly were. That determination, based on objective facts gleaned from the record of a defendant’s criminal convictions, may be made by the court. … Rosen, 96 N.Y.2d 329 , 728 N.Y.S.2d 407 , 752 N.E.2d 844 (2001) (finding no constitutional right to jury trial to establish facts of prior conviction).