Case law

O'Brien v. Telcordia Technologies

420 N.J. Super. 256 · New Jersey Superior Court Appellate Division · Jun 13, 2011

Plaintiff O'Brien Was Clearly Better Qualified Than Agelopoulos And Thus She Created A Genuine Issue Of Fact Regarding Pretext. D. … As such "but for" causation has to be established. ___ U.S. at ___, 129 S.Ct. at 2350-51 , 174 L.Ed. 2d at 128-29 .

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.

Eisenman v. Continental Airlines, Inc.

974 F. Supp. 425 · District Court, D. New Jersey · Jul 23, 1997

Under settled principles of sovereign immunity, “the United States, as sovereign, is ‘immune from suit’ save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction … If the court has jurisdiction over all tax refund cases, that is sufficient to establish jurisdiction.

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

Palmer v. United States of America

District Court, D. New Jersey · Feb 1, 2022

Hess, 297 F.3d 310, 323 Gd Cir, 2002) (internal quotation omitted), Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless … “[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.

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.

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.

Lorenzo v. Director

14 N.J. Tax 577 · New Jersey Tax Court · Apr 7, 1995

Lovejoy could not qualify as a minority owner; Lorenzo could. … Clearly Lorenzo had authority to hire and fire employees. In fact he only hired and fired laborers.

DuBois v. Director, Division of Taxation

4 N.J. Tax 11 · New Jersey Tax Court · Dec 18, 1981

The court found that “[t]he term ‘realized’ has for a very long time had a well-established connotation. … This test, however, is clearly inapplicable here.

Equal Employment Opportunity Commission v. MCI International, Inc.

829 F. Supp. 1438 · District Court, D. New Jersey · Aug 2, 1993

That is clearly not enough. … Plaintiff has clearly failed to establish a prima facie case of failure to rehire with respect to Terbo. 8.

Gorham v. American Telephone & Telegraph Co.

762 F. Supp. 1138 · District Court, D. New Jersey · Feb 4, 1991

This court finds that plaintiff has failed to establish the second part of her prima facie case, i.e., that she was qualified for the position that she held. … The record clearly discloses that the plaintiff had not performed her job in 1988 to AT & T’s satisfaction.

State v. Mierzwa

420 N.J. Super. 207 · New Jersey Superior Court Appellate Division · Jun 3, 2011

[a]nd I'm going to see whether you qualify financially. If you do, I'll assign a public defender to represent you. … Court Rules, comment 4 on R. 1:36-3 (2011) ("Clearly, when an appellate court has decided an issue, its decision, even if not final in terms of the controversy, establishes the law of the case.").

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.

Lincoln v. Momentum Systems Ltd.

86 F. Supp. 2d 421 · District Court, D. New Jersey · Mar 1, 2000

To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate: (1) that he is a disabled person within the meaning of the ADA; (2) that he is otherwise qualified to perform the essential functions … But, “stray” remarks or an isolated comment are insufficient to establish discrimination. See Waggoner v.

Kolba v. Kusznier

252 N.J. Super. 53 · New Jersey Superior Court Appellate Division · Aug 12, 1991

The second policy implicated by this action is a well-established state goal to encourage the growth and cultivation of trees and discourage their wanton destruction. … And, I am of the opinion that sovereign *61 immunity laws would effectively protect public entities against baseless claims.

Pinewood Estates of Michigan v. Barnegat Township Rent Leveling Board

261 N.J. Super. 357 · New Jersey Superior Court Appellate Division · Oct 21, 1992

qualify for hardship relief. … exceeded his gross annual income by a certain percentage for the last calendar year in order to qualify for an increase.

Schmoll v. Creecy

104 N.J. Super. 126 · New Jersey Superior Court Appellate Division · Jan 10, 1969

The majority held that illegitimate children are not "nonpersons"; they are human beings and clearly "persons" within the meaning of the Equal Protection Clause, and while a state has broad power in making classifications … He further noted that the bill failed to specify any limitation upon the time after the father's death within which a suit to establish paternity must be commenced.

Slater v. Holmdel Township

20 N.J. Tax 8 · New Jersey Tax Court · Jan 9, 2002

Standing with regal’d to tax appeals was established by the Legislature in N.J.S.A. 54:3-21. … This was clearly the situation with regard to the Slaters. Since Mr.

Ball v. Ward

73 N.J. Eq. 440 · New Jersey Court of Chancery · Nov 6, 1907

The answer also fails to set up clearly or expressly whether the conveyance was by way of payment or security. … Ward afterwards died, and Mrs, Ball qualified as executrix in her place, and on March 7th, 1907, a petition was filed for the revival of the suit against the devisees and trustees of Ward, on which ex parte order was made

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.