Case law

Ayres v. Dauchert

130 N.J. Super. 522 · New Jersey Superior Court Appellate Division · Oct 23, 1974

II, par. 3 of the 1947 New Jersey Constitution, that every qualified voter "shall be entitled to vote for all officers that now are or hereafter may be elective by the people * * *." … The import of the words used should be "enlarged or restrained" to comport with long-established policy, unless a legislative intent repugnant to that policy is clearly manifest. Bayonne Textile Corp. v.

Lynch v. Scheininger

162 N.J. 209 · Supreme Court of New Jersey · Jan 25, 2000

Negligent conduct is not “immunized by the concept of ‘avoidable consequences.’ … Negligence is clearly relative in reference to the knowledge of the risk of injury to be apprehended.

Charles Noeding Trucking Co. v. United States

29 F. Supp. 537 · District Court, D. New Jersey · Oct 4, 1939

The word “final” however is used to qualify the phrase “Any * * * order” occurring in Section 205 (h). … Both of the cases cited are clearly distinguishable, however.

Ridge v. Pennsylvania Railroad

58 N.J. Eq. 172 · New Jersey Court of Chancery · May 5, 1899

If the right of the railroad company to use the three tracks mentioned has not been enlarged since the decision of that case, the complainants are clearly entitled to an injunction ; for it is not denied by the defendants … Such location, it was said, was a matter of indifference to the public, and consequently, with respect to such act, the corporation stood upon the footing of an individual and was entitled to no superior immunities.

First Family Mortgage Corp. v. Durham

108 N.J. 277 · Supreme Court of New Jersey · Aug 4, 1987

Clearly, the benefits inuring to the corporation that has not qualified would encourage the continued illegal transaction of business until the violation is discovered.” … But even if plaintiff were not subject to taxation, this would not necessarily mean that it would also be constitutionally immune from application of the reporting requirement, which imposes a lesser burden and hence arguably

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.

TL v. DDD, Dept. of Human Serv.

243 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Sep 6, 1990

Pursuant to established procedure, DDD intake worker Susan Schaeffer came to T.L.' … The juxtaposition of "temporary" with the earlier "lifelong" qualifier may be relevant.

Nj Dyfs. v. Lv

382 N.J. Super. 582 · New Jersey Superior Court Appellate Division · Aug 3, 2005

However, as the mother's antibodies die off and the baby's immune system matures and produces antibodies to environmental antigens, the child can ultimately test negative for the virus. This is known as seroreversion. … According to that court, the benefit of the proposed treatment was not clearly established by expert testimony. In re Nikolas E., 720 A. 2d 562 (Me.1998). Here, DYFS's expert established the treatment benefit.

State v. Alvarez

318 N.J. Super. 137 · New Jersey Superior Court Appellate Division · Feb 5, 1999

Alvarez and, in fact, the prejudicial value of that clearly would outweigh its probative value. … It is undeniable that the federal statute is generic in the sense that it identifies qualifying prior convictions by penalty, while N.J.S.A. 2C:39-7 specifies the qualifying convictions by name.

Pharmaceutical Sales and Consulting Corp. v. JWS Delavau Co., Inc.

106 F. Supp. 2d 761 · District Court, D. New Jersey · Jul 21, 2000

We conclude that DiBenedetto’s failure to obtain a direct benefit from the scheme would not immunize DiBenedetto, Sadlon, and PSCC from the reach of the Bribery Statute. … Second, PSCC has failed to establish how it is unduly prejudiced by the deaths of DiBenedetto and Sal Daleo.

Lowe v. Zarghami

305 N.J. Super. 90 · New Jersey Superior Court Appellate Division · Oct 27, 1997

Defendant’s deposition testimony clearly indicates that he enjoyed, and was allowed by UMDNJ, complete autonomy when exercising his staff privileges at KMH. Cf. Sloan v. … Ctr., 298 N.J.Super. 116 , 689 A.2d 148 (App.Div.1997), we recently considered whether house-staff residents, employed by UMDNJ but assigned to Newark Beth Israel Medical Center, were public employees entitled to immunity

Progressive Action Coordinating Team v. City of Orange

111 N.J. Super. 245 · New Jersey Superior Court Appellate Division · May 27, 1970

Ct. at 958 ] Although there was no majority opinion, the Supreme Court having been divided over the proper scope to be accorded to the Fourteenth Amendment’s “privileges and immunities” clause, it is clear from the separate … Justice Douglas, who said in part: *249 We hold that § 3 of this ordinance is unconstitutional on its face, for it establishes a previous restraint on the right of free speech in violation of the First Amendment which is

SJOBERG EX REL. SJOBERG v. Rutgers Cas. Ins. Co.

260 N.J. Super. 159 · New Jersey Superior Court Appellate Division · Nov 10, 1992

the fifteen-year-old infant plaintiff, Alicia Sjoberg, was at the time she sustained injuries in an automobile accident in Florida on October 31, 1988, a member of her father's "family residing in his household" thereby qualifying … even if she nonetheless established residency at her mother's home.

SIMMEL EX REL. SIMMEL v. New Jersey Coop Co.

47 N.J. Super. 509 · New Jersey Superior Court Appellate Division · Nov 21, 1957

Clearly the trial judge should not send the issue to the jury merely because the child has suffered a permanent injury. … Here it appears "clearly and unequivocally" ( Hartpence v.

Monroe v. City of Paterson

318 N.J. Super. 505 · New Jersey Superior Court Appellate Division · Mar 1, 1999

There is nothing in the record to suggest that Santiago's operation of the City's vehicle was cloaked with an immunity under the Tort Claims Act. … Justice Garibaldi identified an unacceptable anomaly: If an insured chooses a $1,000 or $2,500 deductible in exchange for a premium reduction, the Legislature, clearly, did not intend that that insured would be able to sue

Doe v. Klein

143 N.J. Super. 134 · New Jersey Superior Court Appellate Division · Jul 2, 1976

These decisions clearly establish that the disclosure of grand jury minutes may be ordered when there is a showing of special and compelling circumstances sufficient to overcome the policy against disclosure. … Clearly, the compelling circumstances or need for the grand jury testimony was there established.

Kauffman v. Mayor of North Haledon

229 N.J. Super. 349 · New Jersey Superior Court Appellate Division · Jul 25, 1988

This purpose and intent is clearly set forth in N.J.S.A. 13:8A-36(a), (b), (c), (d) and (e). … The premises in North Haledon containing 28.67 acres does not, by reason of minimum size, fail to qualify for development.

Miller v. Bd. of Chosen Freeholders, Hudson County

10 N.J. 398 · Supreme Court of New Jersey · Oct 20, 1952

Miller, his widow, qualified as administratrix of Adolph Miller’s estate on June 14, 1949. Herman C. … Thus the present case is clearly within the rule of Ross v.

Hitchcock v. Board of Review

159 N.J. Super. 40 · New Jersey Superior Court Appellate Division · Apr 20, 1978

The New Jersey agency combined these earnings with New Jersey earn *43 ings of $518 over a five-week period and thus concluded that claimant did not qualify for benefits under the statutory requirement of either 20 base weeks … This contention is clearly without merit. The pertinent legislation and regulations establish the conclusive effect of the Pennsylvania determination as the adjudication of the transferring state.

Eggers v. Kenny

15 N.J. 107 · Supreme Court of New Jersey · Mar 29, 1954

The next contention advanced by the plaintiff is that his position as city commissioner renders him immune from interrogation by his fellow commissioners sitting as a committee. … Further in its opinion the court noted that the examination of municipal officers and employees in relation to the performance of their official duties was clearly a legitimate exercise of power vested in the commission under