Case law

Estate of Zienowicz v. Metropolitan Life Insurance

205 F. Supp. 2d 339 · District Court, D. New Jersey · Jun 13, 2002

Consequently, because the plan documents clearly name South as the beneficiary, South is the rightful beneficiary of the policy. … It is undisputed that the divorce judgment here does not qualify as a QDRO.

Churchill v. International Business MacHines, Inc., National Service Division

759 F. Supp. 1089 · District Court, D. New Jersey · Apr 16, 1991

The Seventh Circuit concluded that the district court did not clearly err in determining that the EEOC’s regression analy-ses were not probative of sex discrimination in wages. See also Coser v. … find qualified candidates to fill three of the challenged positions.

Ampro Fisheries, Inc. v. Yaskin

127 N.J. 602 · Supreme Court of New Jersey · Jun 4, 1992

In February 1990, Ampro attacked the regulations, arguing that they violated the Commerce, Privileges and Immunities, and Supremacy Clauses of the federal Constitution; were not reasonably related to the public health and … While statutes in the first group violate the Commerce Clause only if the burdens they impose on interstate trade are “clearly excessive in relation to the putative local benefits,” Pike v.

Vreeland v. Dawson

55 N.J. Super. 456 · New Jersey Superior Court Appellate Division · Apr 29, 1959

This is not an absolute, but a conditional and qualified promise. … Plaintiff has established her present ability to repay, and hence her promise is rendered enforceable if such relief were sought by the defendants.

Tidewater Oil Co. v. Mayor and Council of Borough of Carteret

44 N.J. 338 · Supreme Court of New Jersey · Apr 12, 1965

It is clearly not enough if the asserted question is only remotely or speciously connected to the constitution by the loose or contrived use of broad constitutional terminology. … The litigant’s attorney may well not be certain whether his case qualifies without the necessity of certifi *344 cation.

Lasky v. MOORESTOWN TP.

425 N.J. Super. 530 · New Jersey Superior Court Appellate Division · May 11, 2012

The trial judge instructed the jury that it was plaintiff's "burden of proof ... to establish his claim by a preponderance of the evidence." … Contrary to these clearly expressed principles, plaintiff claims that because he was disabled and unable to access the park, he was entitled as a matter of law to both injunctive and monetary relief.

LANS

District Court, D. New Jersey · Dec 4, 2025

It is well-established that employees of the Superior Court that are sued in their official capacity are entitled to protection under the State’s sovereign immunity. See Beckett v. Vega, Civ. … It is well-established that “judges are generally immune from a suit for money damages.” Figueroa v. Blackburn, 208 F.3d 435, 440 (3d Cir. 2000).

Holmes v. American Society, C., Animals

123 N.J. Eq. 127 · New Jersey Superior Court Appellate Division · Jan 31, 1938

The other executor in the will failed to qualify. Instructions are also sought. The decedent left surviving him, in addition to the complainant, his wife, the defendant, Thurston S. … The American National Red Cross, supra , the court said (at p. 16 ): "It is well established in law that a misnomer of a legatee or devisee will not render the legacy or devise void if the legatee or devisee intended by the

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

State Bd. of Med. Examiners v. Wagner

79 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Apr 29, 1963

Thus, the New York permit may qualify a laboratory to perform only limited types of analysis. … N.J.S.A. 45:9-42.2(c) defines a bio-analytical laboratory as "any place, establishment or institution organized and operated primarily for the performance of chemical, microscopic, serological, parasitological, bacteriological

Podias v. Mairs

394 N.J. Super. 338 · New Jersey Superior Court Appellate Division · Jun 26, 2007

As to the latter, the judge reasoned: I find that the Plaintiff has not established sufficient facts to permit a rational factfinder to resolve any dispute in issue in favor of the Plaintiff concerning the actions of Mr. … In New Jersey, the Good Samaritan Act, N.J.S.A. 2A:62A-1, offers immunity from tort liability not just to "health care licensees", L. 1963, c. 140, but to "any individual" who renders emergency assistance.

Alm v. Reinhardt

129 N.J.L. 564 · Supreme Court of New Jersey · Feb 8, 1943

Defendant’s offer was objected to on the ground that it was not established at the time of the cross-examination of Dr. … The distinction to be made in the instant case is that the testimony that the body of the instrument was not the writing of the witness but of some other person, is clearly equivocal.

Middletown Township Policemen's Benevolent Ass'n Local No. 124 v. Township of Middletown

162 N.J. 361 · Supreme Court of New Jersey · Feb 9, 2000

Equitable estoppel may be invoked against a municipality “where interests of justice, morality and common fairness clearly dictate that course.” Gruber v. Mayor and Twp. … At the time of his retirement, Beaver sought to qualify for “special retirement.”

Laresca v. American Telephone & Telegraph

161 F. Supp. 2d 323 · District Court, D. New Jersey · May 10, 2001

To establish a pri-ma facie case of failure to accommodate under the LAD, Plaintiff must prove that: (1) he was handicapped within the meaning of the law; (2) he was qualified to perform the duties of his position and had … To establish a prima facie case of unlawful discharge under the LAD, Plaintiff must prove that: (1) he was handicapped within the meaning of the law; (2) he was qualified to perform the duties of his position and had been

Barroso v. Lidestri Foods, Inc.

937 F. Supp. 2d 620 · District Court, D. New Jersey · Mar 28, 2013

Here, Plaintiff has' failed to establish that a genuine issue of material facts exists from which a jury could find that Shaw qualifies as a “supervisor” under the NJLAD for purposes of holding Lidestri vicariously liable … Plaintiff contends that in this case “there clearly exist genuine issues of material fact as to whether Defendant implemented an effective anti-harassment policy.” (Id.)

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.

State v. Albright

20 N.J.L. 644 · Supreme Court of New Jersey · Jul 15, 1846

Dig. 574, the persons qualified to vote at town meetings, were authorized to “ vote, grant and raise” moneys for township purposes, This act was passed in 1798, and consequently long before we had any common school system … Dig. 578, the town meetings were authorized to “ vote, grant and raise” such sum of money, as the majority should agree upon, for the erection and repairing of school houses and the establishment of free schools.

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

New Jersey Division of Child Protection and Permanency

445 N.J. Super. 478 · New Jersey Superior Court Appellate Division · May 31, 2016

Here, Mother's statements were admissible against Stepfather because they qualified under the hearsay exception for statements against interest. … Since our decision in Cope, our Supreme Court in Matulewicz established additional requirements for the admission of expert diagnoses and opinions within business records, and those requirements

Brautigam v. Dean & Co.

85 N.J.L. 549 · Supreme Court of New Jersey · Feb 18, 1914

There was testimony which- tended to establish that Wendell P. … Dean, as has already been stated, was given one share of stock so that he could qualify as a director.