Case law

Snyder v. Mekhjian

125 N.J. 328 · Supreme Court of New Jersey · Jul 31, 1991

The court also rejected BCBC’s claims to charitable immunity pursuant to N.J.S.A. 2A:53A-7 and damage limitation under N.J.S.A. 2A:53A-8. … I perceive that plaintiffs rarely will be able to establish a compelling need and justification for donor information.

Franek v. Tomahawk Lake Resort

333 N.J. Super. 206 · New Jersey Superior Court Appellate Division · Jul 20, 2000

On that basis the judge concluded that plaintiff could not, in this case, "clearly establish[ ]" HAL violations, and determined that "plaintiff is barred from asserting HAL violations as evidence of a LAD claim." … of the class for whose benefit the standard was established").

Farris v. Farris Engineering Corp.

7 N.J. 487 · Supreme Court of New Jersey · Jun 25, 1951

This was apparently done to qualify the latter two as directors. … We turn now to the establishment of the partnership in question.

Di Pietro v. Di Pietro

183 N.J. Super. 69 · New Jersey Superior Court Appellate Division · Jan 5, 1982

They both utilized in their computation a male age 57, employed by Cement Masons Local Union No. 699, which had a qualified, noncontributory pension plan. … Inflation as a factor to be considered when granting awards was clearly recognized in Tenore v. Nu Car Carriers, Inc., 67 N.J. 466, 482 (1975).

STEPHENS v. GREWAL

District Court, D. New Jersey · May 15, 2023

Two kinds of immunity can apply to those sued in their personal capacity under §1983: absolute immunity and qualified immunity. Harlow vy. Fitzgerald, 457 U.S. 800, 807 (1982). … The caselaw clearly establishes that “a claimant will be ‘forever barred’ from recovery against a public employee or entity if she fails ‘to file the claim with the public entity within 90 days of accrual.’”

National Ass'n for Advancement of Colored People v. North Hudson Regional Fire & Rescue

742 F. Supp. 2d 501 · District Court, D. New Jersey · Sep 21, 2010

Sis-kin’s own results predict that a significant number of qualified African Americans would be eligible and qualified for employment with the NHRPR if the labor market were expanded to the Tri-county area; Dr. … The Civil Rights Act of 1991 clearly established that “both the burden of production and the burden of persuasion in establishing business necessity rest with the employer.” Lanning v. Se. Pa. Transp.

Melchionne v. City of Newark

60 N.J. Super. 104 · New Jersey Superior Court Appellate Division · Feb 29, 1960

Receive compensation within the range established for their new title. 3. … R.S. 11:22-4, as amended, specifically provides that the Commission may "from time to time as [it] may deem proper" revise the class assignment of a particular office or position ("class" here clearly meaning division; see

State v. Fox

25 N.J.L. 566 · Supreme Court of New Jersey · Jun 15, 1856

It materially qualified the opinion Ipreviously expressed by the same learned judge in Mann v. Glover. … The juror challenged is clearly a competent witness to prove any ground of disqualification not involving his personal character.

McCoy v. Overseer of the Poor

37 N.J.L. 133 · Supreme Court of New Jersey · Jun 15, 1874

It is said that such residence established the legal settlement of the mother. … Why the distinction is made, need not be discussed ; it is sufficient that it is clearly drawn in our statutes. It is also- recognized in two-cases. Overseers of Paterson v. Overseers of Byram, 3 Zab. 395; R ichardsonv.

SINAI CENTER FOR REHABILITATION AND HEALTHCARE, LLC v. NEW JERSEY DEPARTMENT OF HEALTH

District Court, D. New Jersey · Sep 30, 2025

DOH It is well established that “[s]tate governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment.” 2 Betts v. … Here, Sinai clearly seeks injunctive relief to prevent enforcement of an allegedly unconstitutional act.

New Jersey, Department of Human Services v. Secretary of the United States Department of Health & Human Services

748 F. Supp. 1120 · District Court, D. New Jersey · Oct 19, 1990

Decision No. 648 was not controlling, the Board asserted, because the HCFA direct-indirect policy had not been clearly expressed at the time No. 648 was decided. 2 (Tr. 6). … The description of changes for the applicable sections of the 1986 revisions to the State Medicaid Manual clearly states that the purpose of the changes was to “clarify” the funding policy for MMIS expenditures.

Hewett v. Willingboro Board of Education

421 F. Supp. 2d 814 · District Court, D. New Jersey · Mar 15, 2006

Quite clearly, then, when it was enacted in 1993, the FMLA did not seek to protect such employees. 8 That the inclusion of clause (iv) *821 may have that unforseen effect does not alter the otherwise straightforward language … Indeed, to so hold would effectively create a statutory bar to immunity for public officials who would otherwise be entitled to qualified immunity in any event. 8 .

JAMES CARIFI VS. TOWNSHIP OF PARSIPPANY (L-1681-18, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 23, 2021

immunity rather than absolute immunity." … Thus, King stands for the proposition that a complaining witness to a grand jury indictment who set the process in motion does not have absolute, but only qualified immunity. Id. at 587-88.

The Times of Trenton Pub. Corp. v. Lafayette Yard

368 N.J. Super. 425 · New Jersey Superior Court Appellate Division · Apr 30, 2004

We agree that Lafayette Yard qualifies as a "public body" under both the public governmental function and expenditure of public funds tests. A. … Clearly the Constitution would stand in the way.

WOLF v. STATE OF NEW JERSEY

District Court, D. New Jersey · Mar 6, 2023

The party seeking to invoke federal jurisdiction bears the burden of establishing its existence. Kehr Packages, Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1409 (3d Cir. 1991). III. … Judicial Immunity and Quasi-Judicial Immunity “It is a well-settled principle of law that judges are generally ‘immune from a suit for money damages’” for actions taken in the performance of their

McCoy v. BOARD OF TRUSTEES OF LABORERS'INTERN.

188 F. Supp. 2d 461 · District Court, D. New Jersey · Feb 26, 2002

Under these circumstances, McCoy clearly has been prejudiced by the Defendants' delay. … Br. at 8-9, the Defendants never responded to it. [4] Arguably, the standard for allowing introduction of an untimely qualified immunity defense, as described in Eddy , is more forgiving than the appropriate standard where

Matter of Adoption of Indian Child

219 N.J. Super. 28 · New Jersey Superior Court Appellate Division · Jul 14, 1987

This is the factual background established by the affidavits and documents presented on the motions. … Based solely on his mother's lineage, he did not have sufficient Indian blood to qualify for membership.

State v. Ramseur

106 N.J. 123 · Supreme Court of New Jersey · Mar 5, 1987

valid and adequate to establish that ‘death qualification’ in fact produces juries somewhat more conviction-prone than ‘non-death-qualified’ juries.” 476 U.S. at -, 106 S.Ct. at 1764 , 90 L.Ed.2d at 147 . … As noted, Juror M, in response to the court’s initial voir dire, clearly stated that he could in good conscience return a guilt verdict that would lead to death.

GRAY

District Court, D. New Jersey · Jan 8, 2026

The litigant seeking IFP status bears the burden “to provide the Court with the financial information it needs to make a determination as to whether she qualifies for IFP status.” Freeman v. … Defendant is clearly not an individual, yet Plaintiff does not set forth what type of entity Defendant is – for example a corporation or a limited liability company (“LLC”) – or the information required

Ricker v. Lawson

155 N.J. Super. 536 · New Jersey Superior Court Appellate Division · Dec 5, 1977

The opinion of the Commissioner as to the issue before us is clearly set forth in the General Assistance Manual. … A. 4:8-109), are a matter of statutory entitlement for persons qualified to receive them.