Case law

Maryanne Grande v. Saint Clare’s Health System (076606) (Morris County and Statewide)

230 N.J. 1 · Supreme Court of New Jersey · Jul 12, 2017

The Report also explained that Grande qualified to return to work on “altered duty” based on the Report’s recommendations. … Dist., 184 F.3d 296, 306 (3d Cir. 1999) (plaintiff alleging discriminatory discharge under ADA must establish, as second prong of prima facie case, that she “is otherwise qualified to perform the essential functions of the

HOLMES v. CHRISTIE

District Court, D. New Jersey · Nov 17, 2023

Defendants contend this Court should deny Plaintiff’s motion because the proposed amendment is futile under the doctrines of absolute and qualified immunity. … Based on this Court’s determination regarding absolute immunity, it declines to address Defendants’ arguments that Plaintiff’s proposed amendment would be futile under the doctrine of qualified immunity or regarding the

State of NJ v. Kinder

701 F. Supp. 486 · District Court, D. New Jersey · Dec 15, 1988

It is firmly established that when a criminal case is removed from state to federal court, the federal court must conduct the trial under federal rules of procedure, while applying the criminal law of the state. … After the defendant was found guilty by a jury, the district court, acting sua sponte, granted a motion for acquittal based on federal immunity, despite the fact that immunity was not raised as a defense at trial.

State v. Cox

128 N.J.L. 108 · Supreme Court of New Jersey · Jan 9, 1942

S. 1937, 2 :195-19, unless this taint clearly appears. … The surgeon who performed the autopsy described the latter fracture as the result of a “severe blow” *113 which “could have caused death * * * within a few minutes,” later qualified to “half a minute or a minute.”

Del Priore v. Edison Township

26 N.J. Tax 502 · New Jersey Superior Court · Mar 29, 2012

an evidentiary hearing was desirable in order to establish the Township’s reasons for its actions. … Clearly, if the Township continued to grant fully retroactive refunds, there would either be less money for other needs or it would be necessary to raise additional tax monies from non-exempt taxpayers.

State v. Fortin

162 N.J. 517 · Supreme Court of New Jersey · Feb 23, 2000

Such a witness is qualified to discuss similarities between crimes without drawing conclusions about the guilt or innocence of the defendant. … In cases concerning “signature” crimes, we stated: Evidence Rule 55 [the predecessor to N.J.R.E. 404(b) ] is most easily understood in situations of signature crimes, in which some distinct feature about the two crimes clearly

Bantam Books, Inc. v. Melko

25 N.J. Super. 292 · New Jersey Superior Court Appellate Division · Mar 31, 1953

The first case actually to establish literary obscenity as an offense was Regina v. Read, 11 Mod. 143 ( K.B. 1708). … And the court points out that portions of many ancient and modern authors — esteemed and established in literature for all time — would also be offensive.

New Jersey Ass'n of Independent Insurance Agents v. Hospital Service Plan

128 N.J. Super. 472 · New Jersey Superior Court Appellate Division · May 21, 1974

AIM employed no physicians and made no contracts with hospitals, and its contract clearly discloses that it was itself rendering or furnishing no' such service. … Clearly, as to the “hospitalization” services and supplies (items 1 to 9 in Art.

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.

Matter of KLF

275 N.J. Super. 507 · New Jersey Superior Court Appellate Division · May 3, 1993

Where the Legislature has clearly spoken, the court may not ignore the Legislature's intent and must give full force and effect to it. … The court's threshold concern here is the meaning which attaches to the phrase "any party"; that is, whether the qualifying word "any" has been interjected merely so as to reflect the inclusion of all parties irrespective

Tinsman v. Parsekian

65 N.J. Super. 217 · New Jersey Superior Court Appellate Division · Jan 23, 1961

that the motor vehicle was at the time said accident occurred, in the possession of some person other than the owner without the owner's consent and that the identity of such person cannot be ascertained, any qualified person … We think clearly not. We detect sound public policy in the legislative requirement, as read literally.

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

Albert v. Perry

14 N.J. Eq. 540 · New Jersey Superior Court Appellate Division · Feb 15, 1862

This it is true is usually done at the instance of the mother, but the principle is clearly recognised; and the court, in selecting a guardian to represent the parent, and to exercise pro tanto his rights, will be equally … And without defining, or attempting to define the extent of departure from the line of virtuous conduct or of moral rectitude that may be established by the evidence, it is enough to say that it justified the conclusion of

Alsar Technology v. Zon. Bd. of Adj.

235 N.J. Super. 471 · New Jersey Superior Court Appellate Division · Jun 2, 1989

Since the FCC regulation requires a "clearly defined health, safety or aesthetic objective", and there is no such clearly defined objective, the Nutley dish antenna ordinance is invalid under part (a) of the FCC regulation … Supreme Court has held that municipal entities possess no immunities under 42 U.S.C.A. § 1983 . See Owen v.

Winters v. North Hudson Regional Fire & Rescue

212 N.J. 67 · Supreme Court of New Jersey · Sep 13, 2012

immunity. … Clearly, the Commission’s de novo conclusion about the magnitude of Winters’s infraction weighs heavily in our resolution of this appeal.

Matter of Alleged Violations of Law by Valley Road Sewerage Co.

154 N.J. 224 · Supreme Court of New Jersey · Jun 12, 1998

The statutory scheme establishes the BPU’s authority to revoke Valley Road’s franchise. … Satisfying those obligations may affect the terms of the sale, including the number of qualified buyers, the conditions of sale, and the sale price.

Laufer v. US Life Ins. Co.

385 N.J. Super. 172 · New Jersey Superior Court Appellate Division · May 1, 2006

Therefore, Laufer has established the adequacy of representation requirement of Rule 4:32-1(a)(4). … Consequently, this case qualifies for class certification under Rule 4:32-1(b)(2). II U.S.

City of Plainfield v. Courier-News & Daily Journal

146 N.J. Super. 188 · New Jersey Superior Court Appellate Division · Apr 5, 1974

The proofs for The Courier-News established that circulation in Plainfield approximate 8800 daily copies, and according to the undisputed testimony of John J. … On the question of newspapers qualified as legal newspaper, N. J. S.

Education Law Center ex rel. Burke v. New Jersey Department of Education

396 N.J. Super. 634 · New Jersey Superior Court Appellate Division · Dec 11, 2007

Further, the Court gave examples of qualifying interests, such as “a citizen’s concern about a public problem.” Ibid. … Plaintiff clearly satisfies this first aspect. We turn now to the second prong.

Kimmelman v. Henkels & McCoy, Inc.

108 N.J. 123 · Supreme Court of New Jersey · Jul 22, 1987

In many antitrust cases it is necessary to immunize the principal actors in the underlying conspiracy in order to prove its existence. Such was the case here. … On the contrary, the second, third, and fifth factors clearly indicate that the per diem penalty is civil.