Case law

Borough of Palmyra, Board of Education v. F.C.

2 F. Supp. 2d 637 · District Court, D. New Jersey · Apr 22, 1998

The court is convinced that the Cs have established a likelihood of success on the merits of their claim. … The Supreme Court, however, clearly limited its decision to the facts before it and left open the possibility that in certain circumstances the failure to modify existing programs might constitute a violation of Section 504

Hospital Portrait Service Co. v. Taxation Division Director

6 N.J. Tax 305 · New Jersey Tax Court · Dec 19, 1983

Supplies____ Since plaintiff has not challenged the validity of these regulations, the first question for resolution is whether photographic film qualifies for the exemption as “machinery, apparatus or equipment.” *313 "Photography … It is axiomatic that in seeking the benefit of a tax exemption plaintiff has the burden of establishing that its claim fits clearly within a statutory exemption provision. Container Ring v. Taxation Div.

Deffer v. SHOP-RITE SUPERMARKETS

332 N.J. Super. 540 · New Jersey Superior Court Appellate Division · Jul 11, 2000

Newman, was qualified to testify, but also allowed defendant to call Dr. Roschelle. Plaintiff does not appeal the court's ruling with respect to Dr. Newman. … Clearly, plaintiff's attorney's obligation is to his client.

Joseph J. Emmons, III, Etc. v. Elmwood Hills Healthcare Center, LLC

New Jersey Superior Court Appellate Division · Mar 20, 2026

Courts cannot "rewrite a plainly written statute or . . . presume that the Legislature meant something other than what it conveyed in its clearly expressed language." … Thus, plaintiff does not qualify as a prevailing party under the NHA and is not entitled to statutory counsel fees. C.

Joseph Costigan v. Gurprit Bains

New Jersey Superior Court Appellate Division · Oct 29, 2025

rainwater under the conditions of freezing temperatures, provide any measurements of the slope of defendants' property, calculate the volume of water that could have exited the drain, or offer scientific support from a qualified … Div. 2006) (holding residential landowners remain protected by common-law public sidewalk immunity).

D'Arc v. D'Arc

157 N.J. Super. 553 · New Jersey Superior Court Appellate Division · Mar 14, 1978

The trial court had concluded "that the State had failed to meet its burden of establishing general acceptance of the voiceprint method." Id. at 546 . … The proofs offered in this case clearly fall far short of the test enunciated in Frye . Not only is there an absence of proof of "general acceptance" by the scientific community, but the contrary appears to be the fact.

Earl v. Winne

14 N.J. 119 · Supreme Court of New Jersey · Dec 14, 1953

Such libels are clearly indictable under the common law, our Constitution and R. S. 2:146-1. … Respondent on the other hand contends that a prosecutor, being an officer of the law, has an absolute immunity from such suits.

Mazza v. Board of Trustees

143 N.J. 22 · Supreme Court of New Jersey · Dec 18, 1995

To qualify for accidental disability, a member of the Police and Firemen's Retirement System must satisfy three requirements. N.J.S.A. 43:16A-7(1). … It is undisputed that Mazza has established the second and third requirements.

North Jersey Suburbanite Co., Inc. v. State

154 N.J. Super. 126 · New Jersey Superior Court Appellate Division · Oct 31, 1977

We concur in the trial judge's findings that the results of a survey testified to by a plaintiff's witness in support of an alleged delivery-readership equation did not reliably establish that proposition because neither … originally enacted as L. 1935, c. 177, § 1, was accompanied by this statement: The object of this act is to limit the selection of newspapers for official advertising to actual newspapers printed and published in the State and qualified

Marshall v. Hendricks

103 F. Supp. 2d 749 · District Court, D. New Jersey · Jun 23, 2000

Habeas relief is inappropriate because petitioner has failed to show that clearly established Supreme Court precedent requires a con *776 trary result to that reached by the New Jersey courts. … Therefore, petitioner’s claims of ineffective assistance of counsel with regard to trial counsel’s death qualifying questions during jury voir dire are denied.

Matter of Nelson

66 B.R. 231 · United States Bankruptcy Court, D. New Jersey · Jun 27, 1986

The assent must, however, be clearly established and will not be inferred from doubtful or equivocal acts or language.’ 541 F.Supp. at 856 (quoting 5 S. Williston, Law of Contracts § 678, at 238 to 240 (3d ed. 1961)). … There was not a “clearly established” assent on the part of Central Mortgage to accept the debtor as the transferee of the property or as a mortgagor.

NEW JERSEY STAFFING ALLIANCE v. FAIS

District Court, D. New Jersey · Jul 26, 2023

of Labor & Workforce Development, from liability for damages in their individual capacities, Defendants have already foreshadowed that they will raise a qualified immunity defense, (ECF No. 18 at 13 n.5), that the Court … So, because Plaintiffs have shown that their members “will suffer at least some harm that cannot be compensated through an award of money damages” because of Defendants’ likely Eleventh Amendment and qualified immunities

Matter of Vey

124 N.J. 534 · Supreme Court of New Jersey · Jul 11, 1991

Next, the employer must establish that the particular trait or characteristic is an important element of work behavior. … The agency’s own standard disqualifies a candidate for being “unfit,” not for failing to be the best qualified for the job. For example, an evaluator may find that an applicant is impulsive.

MIKANDA v. CALVARY-SPV-I-LLC

District Court, D. New Jersey · Nov 18, 2024

§1915(e)(2)(B), and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or otherwise seeks relief from an immune defendant. … To establish jurisdiction, a pleading must either present a federal claim or trigger the court’s diversity jurisdiction, See Gibson v. Tip Towing & Recovery LLC, No. 23-2919, 2024 WL 658977 at *1 (3d Cir.

Bryant v. City of Atlantic City

309 N.J. Super. 596 · New Jersey Superior Court Appellate Division · Apr 8, 1998

Qualified businesses within such zones shall be eligible for certain “awards,” tax exemptions, and tax credits. N.J.S.A 52:27H-74 to -79. … As the delineated project area was clearly identified as the Huron North site, no relocation of residents is required in that site, since none lived there.

In Re Mewborn

367 B.R. 529 · United States Bankruptcy Court, D. New Jersey · Mar 29, 2006

The court further noted that the primary purpose of such payments is to provide income security to qualifying recipients. Id. … The court also determined that the receipt of unemployment compensation benefits establishes a “societal contract” of sorts between the state and the recipient. Id. at 455 .

SARAVIA v. DOE

District Court, D. New Jersey · Apr 28, 2021

Based on his affidavit of indigence and the absence of three qualifying dismissals within 28 U.S.C. … fundamental rule of jurisprudence having so important a bearing upon the construction of the Constitution of the United States that it has become established

Simmermon v. Gabbianelli

932 F. Supp. 2d 626 · District Court, D. New Jersey · Mar 18, 2013

To establish a class of one claim, the plaintiff must allege “that []he has'been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.” … The Court has not summarized the due process, legislative immunity, qualified immunity, punitive damages, and municipal liability aspects of its March 28, 2012 Opinion because these determinations are not relevant to the

Hampton v. Dept. of Corrections

336 N.J. Super. 520 · New Jersey Superior Court Appellate Division · Feb 1, 2001

The challenged policies are clearly quasi-legislative exercises designed to regulate the essential process of inmate classification. They establish substantive standards affecting the inmates in that regard. … Every agency action which qualifies as a rule-making by the standards of Metromedia must conform with APA requirements.

United New Jersey Railroad & Canal Co. v. Baird

75 N.J.L. 788 · Supreme Court of New Jersey · Jan 7, 1908

The validity of the mode of taxation thus provided must, for the reasons stated in that opinion, be accepted as established. … con *794 siderable portion of the moneys raised by state taxation for the purpose of aiding in the support of the free public schools located in those municipalities, and it is not to be presumed, in the absence of words clearly