Case law

In re J.E.

432 N.J. Super. 361 · New Jersey Superior Court Appellate Division · Aug 9, 2013

It also found as a fact that “the evidence fail[ed] to establish that defendant abused or neglected [the minor] while he lived with her in Guatemala.” Ibid. … The facts of this case are vastly different and clearly distinguishable from D.C.

Horvath v. Rimtec Corp.

102 F. Supp. 2d 219 · District Court, D. New Jersey · Jun 27, 2000

, less qualified individuals. 4 (Id.) … The standards for establishing a retaliation claim under Title VII and the ADEA are the essentially the same.

Bryant v. International Schools Services, Inc.

502 F. Supp. 472 · District Court, D. New Jersey · Dec 4, 1980

The classic method of making this initial showing is to establish (i) that the plaintiff belongs to the protected class, (ii) that he applied and was qualified for a position for which the employer was seeking applicants, … Establishment of Disparate Treatment and Impact A.

Williams v. PEMBERTON TP. SCHOOLS

323 N.J. Super. 490 · New Jersey Superior Court Appellate Division · Jul 27, 1999

The revised version was dated November 7, 1995, clearly marked "Revised," and then placed in plaintiff's personnel file in lieu of the original. … In its opinion, it noted, however, that a plaintiff could establish a prima facie case of racial discrimination by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which

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

Murray v. Newark Housing Authority

311 N.J. Super. 163 · New Jersey Superior Court Appellate Division · Jan 2, 1998

And clearly, other provisional boiler operators that were younger than plaintiff 8 were retained after the NHA’s reduction in force, where *175 as plaintiff was not. 9 Having established a prima facie case of discrimination … To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiffs rejection.

Naylor v. Harkins

27 N.J. Super. 594 · New Jersey Superior Court Appellate Division · Oct 16, 1953

The record likewise entirely fails to establish that defendants entered into a conspiracy against plaintiffs. … In the absence of an express provision, guaranteeing immunity from second trial for the same offense, the right of interpretation and construction exists, and that right is vested in the Grand Chief Engineer.

Ott v. WEST NEW YORK TP.

92 N.J. Super. 184 · New Jersey Superior Court Appellate Division · Aug 1, 1966

Where, as here, the governing body has been qualified to act as the local public agency, it is clothed with all the authority conferred upon any other local public agency. … The discretion which is immune from review is an honest and not a purely arbitrary one.

Procacci Brothers Sales Corporation v. Director, Division of Taxation

New Jersey Tax Court · May 27, 2021

immunity granted by § 381. … In order to qualify as a seller of produce in the United States, a corporation must satisfy the requirements of PACA.

Nieves v. Individualized Shirts

961 F. Supp. 782 · District Court, D. New Jersey · Apr 28, 1997

To qualify for relief under the ADA, a plaintiff claiming wrongful termination must establish that (1) she is disabled within the meaning of the ADA; (2) she is a qualified individual with a disability; and (3) she was terminated … Nieves has since been employed as a teacher's aide and a bus driver— clearly, her condition does not prevent her from working.

BETHUNE v. OWENS

District Court, D. New Jersey · Aug 13, 2019

Opinion, Defendant also requests that this Court grant summary judgment on the basis of qualified immunity. … Qualified immunity protects government officials from established statutory or constitutional rights of which a reasonable person would have known.’” Harlow v.

HEARD

District Court, D. New Jersey · Jul 22, 2026

immunity because public school students have a clearly established right to receive notice and a hearing before being subjected to a long-term suspension and because assessing qualified immunity on a motion … Finally, School Defendants argue that because qualified immunity is a question of law, if the Court “finds that Plaintiff has properly pled a due process claim, an additional analysis of qualified immunity is appropriate

Campbell Soup Co. v. BD. OF REVIEW, DIV. OF EMPLOYMENT SECURITY

13 N.J. 431 · Supreme Court of New Jersey · Nov 2, 1953

The union did not protest his pensioning off under the duly established grievance machinery. The claimant sought other employment without success.” … of the citizens of this state requires the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed after qualifying

State v. Cagno

409 N.J. Super. 552 · New Jersey Superior Court Appellate Division · Sep 10, 2009

On June 13, 2002, after the judge granted Lombardino immunity, she held him in contempt upon his failure to testify after being ordered to do so. … Now, clearly, the State alleges Lombardino's contempt was in furtherance of the conspiracy.

Cohen v. Home Ins. Co.

230 N.J. Super. 72 · New Jersey Superior Court Appellate Division · Jan 19, 1989

We see no reason why this clearly stated provision does not control. … Obviously, then, a Home policyholder eligible for renewal under *84 N.J.S.A. 39:6A-3 and N.J.A.C. 11:3-8.1, et seq., is not qualified for JUA coverage.

United States v. Rebelo

646 F. Supp. 2d 682 · District Court, D. New Jersey · Aug 20, 2009

Thus, the complaint language clearly classified Rebelo’s assault as one arising under N.J. Stat. Ann. § 2C:12-la(l). … aliens, [by] ... incorporating], to the fullest extent practicable, those judicial precedents and INS interpretations that have been clearly established under the prior statute and that are still applicable to the Act as

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.

Rivera v. Westinghouse Elevator Co.

209 N.J. Super. 543 · New Jersey Superior Court Appellate Division · May 1, 1986

Defendant contends that: (1) "[p]laintiff did not establish a cause of action in negligence by which defendant Westinghouse can be found 100% liable for the death of Jose Rivera"; (2) "[t]he cumulative effect of the trial … Mitchell, 82 N.J. 336, 347 (1980), and that therefore it is clearly wrong and a miscarriage of justice. Baxter v. Fairmont Food Co., 74 N.J. 588, 599 (1977); R. 4:49-1(a). We agree.

New Jersey Democratic Party, Inc. v. Samson

175 N.J. 178 · Supreme Court of New Jersey · Oct 8, 2002

Rev.Code Ann. § 29.18.160 (West 2002). 4 ] That other state legislatures have spoken clearly on this question 5 highlights the lack of a legislative declaration in the New Jersey *193 statute. … Unlike the legislatures of our sister states that have clearly expressed the consequences that follow when a vacancy *194 occurs outside of the statutory period, New Jersey has not specifically addressed the issue.

Christy v. Robinson

216 F. Supp. 2d 398 · District Court, D. New Jersey · Aug 20, 2002

March 28, 2000) (“[Plaintiff’s] right to medical treatment for Hepatitis was clearly established in 1997 [when the alleged violations occurred].”). … However, in order to qualify for relief under § 1983, Plaintiff must satisfy the second prong of the Estelle standard and establish that each individual acted with deliberate indifference to his serious medical needs.