Case law

Gutierrez v. Johnson & Johnson

467 F. Supp. 2d 403 · District Court, D. New Jersey · Dec 19, 2008

There must be equal opportunity for employment development [a]nd advancement for the qualified.” … Numerosity Records produced by Defendant indicate that the proposed class encompasses approximately 8,600 current and former employees, clearly establishing numerosity. See Stewart v.

Board of Educ. v. EDUC. ASS'N

251 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Dec 4, 1990

The grievance in this case qualifies for arbitration in two respects: health benefits are a term and condition of employment and the grievance requires an interpretation of Article 28. … The Judge ruled "that the meaning of the disputed provision is clearly the plain facial meaning merely of paying the premium to the carrier."

STATE OF NEW JERSEY VS. YVONNE JEANNOTTE-RODRIGUEZ STATE OF NEW JERSEY VS. MARTA I. GALVAN STATE OF NEW JERSEY VS. LISA FERRARO (19-06-0446, PASSAIC COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Aug 25, 2021

The judge held that "clearly infringed upon the grand jury's decision - making function." … The complicating factor in this case is that no New Jersey statute establishes a licensing scheme for medical assistants.

Middletown Township PBA Local 124 v. Township of Middletown

193 N.J. 1 · Supreme Court of New Jersey · Dec 3, 2007

Nothing in the statute suggests that the broadening of the class of qualified retirees is inoperative in the absence of an ordinance or resolution. … Thus, on balance, the totality of the past practice evidence adduced clearly favors the joint PBA/SOA position.

Standard Oil, Etc., Union v. ESSO RESEARCH, CO.

38 N.J. Super. 106 · New Jersey Superior Court Appellate Division · Nov 14, 1955

It further proposed that Senior Operators, Operators and Senior Laboratory Assistants who qualified, be considered "on an individual basis for appointment, at a salary to be fixed on a merit basis, as Senior Technicians * … The ground upon which the courts will intrude in a matter of this kind has been clearly established.

State v. Board of Township Committee

57 N.J.L. 588 · Supreme Court of New Jersey · Feb 15, 1895

But whether this be so or not, this power to contract for a longer period is clearly found in the act of 1894. … The bid of the prosecutor Schef bauer was clearly not in accordance with the advertisement.

State v. Bridges

131 N.J. 402 · Supreme Court of New Jersey · Feb 25, 1993

This bill clearly establishes the degree and severity of every drug offense, taking into account the nature and dangerousness of the specific controlled substance involved, the amount and purity of that substance, and the … County inmates may qualify for a work-release program that would allow them to hold on to their job while serving their sentence. Ibid.

Joshua Abrams v. Richard Isolda

New Jersey Superior Court Appellate Division · May 1, 2025

The doctrine of litigation immunity provides: A-0561-23 10  [A]n absolute immunity exists … Therefore, Isolda is entitled to litigation immunity regarding these claims.

Bankers Trust Co. v. NY, ETC., FOR ANIMALS

17 N.J. Super. 398 · New Jersey Superior Court Appellate Division · Jan 18, 1952

It is significant that the testator made two bequests to the league and clearly distinguished between them. … Eq. 548 ( Ch. 1933), which involved a fund insufficient to establish a home for aged men; the fund was divided equally between two established homes for the aged in Paterson, to be devoted exclusively to the care of men.

D.S. v. Board of Education

188 N.J. Super. 592 · New Jersey Superior Court Appellate Division · Feb 15, 1983

The Education Act, however, is not silent on what qualifies as a free appropriate public education (FAPE). … The State Board tells us that, prior to enactment of the state regulation, responsibility for the maintenance of residentially-placed handicapped children was not clearly defined and varied by district and school.

Adams v. Keystone Ins. Co.

264 N.J. Super. 367 · New Jersey Superior Court Appellate Division · May 10, 1993

Clearly, the Legislature did not adopt N.J.S.A. 17:28-1.4 to state exactly the same proposition that it stated in N.J.S.A. 39:6A-3 and 39:6A-4. … Simmons' Estate, supra , already established the choice of law rule that should govern the interpretation of insurance contracts.

IANNUZZELLI v. ALLIANCE HC II LLC

District Court, D. New Jersey · Nov 8, 2022

that: (1) Defendants should be collaterally estopped from relitigating these issues; (2) the PREP Act does not preempt state law negligence claims; (3) there is no significant federal issue; and (4) Defendants do not qualify … § 247d-6d(c)(1)(B), which clearly indicates the intent to separate negligence from willful-misconduct claims.

O'DONNELL v. Ahmed

363 N.J. Super. 44 · New Jersey Superior Court Appellate Division · Mar 12, 2003

A Management Order was agreed to by counsel, submitted to the court, executed and filed on September 7, 2001, establishing the discovery end date of October 12, 2002. … Clearly, merely advising the court in conclusory terms that the attorney and the client have hectic schedules does not qualify.

United States v. Manzo

851 F. Supp. 2d 797 · District Court, D. New Jersey · Feb 17, 2012

Based on these facts, the Indictment alleges that Defendant knowingly and intentionally traveled in interstate commerce with intent to promote, manage, establish, carry on and facilitate the promotion, management, establishment … Likewise, the only influence discernible, from the facts alleged in Defendant’s Indictment, which Defendant possessed in these matters were clearly those derived from his activities as a private citizen attempting to gain

State v. Kane

335 N.J. Super. 391 · New Jersey Superior Court Appellate Division · Nov 30, 2000

Whatever else may be said, we are convinced that a medical diagnosis of a broken nose does not necessarily qualify the harm committed as "serious bodily injury" under NERA. … But even assuming that such injury was established, the transcript is barren of evidence indicating that the victim's condition was protracted, prolonged or extended in time.

RIZAS v. DEJOY

District Court, D. New Jersey · Jun 30, 2023

For her disparate-treatment claims, Plaintiff must establish that (1) she is a member of a protected class, i.e., that she is African American and older than the age of forty; (2) she was qualified for the position at issue … To establish a prima facie case of age discrimination, Plaintiff must demonstrate that “(1) [he or she] is over forty, (2) is qualified for the position in question, (3) suffered from an adverse employment decision,

Bullowa v. Thermoid Co.

114 N.J.L. 205 · Supreme Court of New Jersey · Jan 10, 1935

Thus the holder of the obligation was clearly put upon notice that the indenture itself declares the “nature *208 and extent of the rights” of the noteholders, the obligor and the trustee. … In this inquiry we are guided by well established rules of interpretation.

T. I. McCormack Trucking Co. v. United States

251 F. Supp. 526 · District Court, D. New Jersey · Feb 7, 1966

The appropriate dimensions of this Court’s scrutiny in reviewing Commission Orders is well established. … This assertion that inconsistency is beyond our purview must be qualified, for it challenges the basic philosophy of judicial review for administrative agencies.

Barbera v. DiMartino

305 N.J. Super. 617 · New Jersey Superior Court Appellate Division · Dec 4, 1997

That much being said, we are convinced counts IV and V are clearly without merit and warrant no further opinion. R. 2:ll-3(e)(l)(E). … IV We do not question that plaintiffs April 1987 psychotic episode qualified as a handicap under the LAD.

IN THE MATTER OF THE ESTATE OF AUGUSTIN NGWE MANDENG (CP-0192-2006, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 4, 2022

No. 6900, establishes the UN's immunity from legal process, and states: "The [UN] shall make provisions for appropriate modes of settlement of: (a) Disputes arising out of contracts or other disputes of a private law character … Immunity issues aside, the UN enjoys foreign sovereign status.