Case law

State v. S.R.

175 N.J. 23 · Supreme Court of New Jersey · Dec 12, 2002

Clearly, the phrase means something more than the mere collection of a VCCB penalty from an individual discharged from probation. … all or part of a sentence on intensive community supervision or all or part of a supervised release or parole term on intensive supervised release” are supervised by “a probation officer, a corrections agent, or any other qualified

Franzblau v. Capital Securities Co.

2 N.J. Super. 517 · New Jersey Superior Court Appellate Division · Mar 9, 1949

The plan itself, transmitted to the stockholders in advance of the meeting, clearly indicates the intent to make the plan mandatory. … The proofs before the court establish that the required vote was given to the changes here under attack.

State v. Fuller

231 N.J. Super. 66 · New Jersey Superior Court Appellate Division · Feb 24, 1989

Hartley established a bright-line test that once a person in custody exercises his Fifth Amendment right to remain silent after having been given his Miranda warnings, his right has not been “scrupulously honored” unless, … At the other extreme, a blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, would transform the Miranda safeguards into wholly

State v. Dolce

178 N.J. Super. 275 · New Jersey Superior Court Appellate Division · Apr 3, 1981

Ercolano, 79 N.J. 25 (1979), relied upon by defendant in support of his suppression motion, are clearly distinguishable. … In any event, constitutional limitations on the search of luggage seized with probable cause during a valid warrantless search of an automobile were not clearly established until Arkansas v.

Dougherty ex rel. Dougherty v. Department of Human Services

179 N.J. Super. 541 · New Jersey Superior Court Appellate Division · Jun 30, 1981

. § 1396 et seq., establishes a program commonly known as “Medicaid.” … It also establishes optional categories which a state may elect to make available to such persons.

Donato v. Market Transition Facility

299 N.J. Super. 37 · New Jersey Superior Court Appellate Division · Mar 21, 1997

[Emphasis added.] *48 Plaintiff clearly qualifies for UIM benefits based upon the statutory definition of underinsured and MTF’s UIM policy provision. … Clearly, MTF understood that an occupant would be covered under the UIM provisions of the policy and charged accordingly.

Henningsen v. Township of Randolph

214 N.J. Super. 82 · New Jersey Superior Court Appellate Division · Nov 24, 1986

We disagree that a special reason was established, as that prerequisite for a subsection (d) variance has been defined in the case law. … Such result would be contrary to established fundamentals of sound zoning. In Mahler v. Borough of Fair Lawn, 94 N.J.

In Re Application of Moffat

142 N.J. Super. 217 · New Jersey Superior Court Appellate Division · Jun 8, 1976

Of course, it is not enough to show merely that legal votes were rejected; it must also be established that the number was "sufficient to change the result." N.J.S.A. 19:29-1(e). … Section 3 of the statute clearly provides that Every person appointed by the governing body * * * to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by statute to permit

Lyons v. Township of Wayne

185 N.J. 426 · Supreme Court of New Jersey · Dec 28, 2005

Plaintiffs’ allegations, if true, may establish a prima facie claim of continuing nuisance. … He noted that there “clearly is a water problem” on the hillside and, without assigning responsibility, stated that a remedy “would be expensive but ... necessary for the long term solution.”

United States v. Daniels

10 F.R.D. 225 · District Court, D. New Jersey · Jun 21, 1950

It clearly appears upon a reading of the affidavits that the factual statements contained therein were based upon the observations and personal knowledge of the affiants, experienced investigators of the Alcohol Tax Unit. … The evidence must be of sufficient weight to establish “probable cause;” it is not necessary, however, that the evidence be of sufficient weight to establish guilt beyond a reasonable doubt.

DEAN v. LENART

District Court, D. New Jersey · Jun 17, 2022

These claims are barred by judicial immunity. “It is a well-settled principle of law that judges are generally ‘immune from a suit for money damages.’” Figueroa v. … Defendant Haines’ rulings on Plaintiff’s motion to suppress and motion for reconsideration qualify as “judicial acts” because ruling on motions is a function normally performed by judges

PICKETT v. BROWN

District Court, D. New Jersey · Apr 22, 2022

Third, Klavens argues that even if she is not entitled to prosecutorial immunity, Plaintiff’s claims should be dismissed because she is entitled to qualified immunity. Id. at 12-15. … Thus, Plaintiff’s allegations as to Klavens are clearly actions taken while in court and related to plea bargaining.

State v. Delshon J. Taylor Jr.

Supreme Court of New Jersey · Aug 6, 2025

Two of these offenses qualify as predicates under the Graves Act -- unlawful possession of a weapon and possession of a weapon for an unlawful purpose. B. … Leonardis, we simultaneously expressed “the opinion that the scope of such 18 review should be limited” and that a defendant should therefore have to “clearly and convincingly establish

Quinlan v. Curtiss-Wright Corp.

204 N.J. 239 · Supreme Court of New Jersey · Dec 2, 2010

In doing so, the court concluded that it would be unreasonable to cloak her choice in the protection because it “would provide employees with near-immunity.” Id. at 722 . C. … The jury could have concluded that this conduct was part of a widespread pattern and that Benante pursued it with the goal of advancing a less qualified man at the expense of a highly qualified woman with nearly a quarter-century

Demeri v. Morris

194 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Sep 13, 1983

No direct evidence was produced to establish this proposition. Testimony did tend to establish that juveniles regularly used Lynn Park as a practice course for their motorcycles. … Obviously, Kenneth was too young to qualify for a driver’s license to drive any motor vehicle over a public highway.

Spencer v. Kugler

326 F. Supp. 1235 · District Court, D. New Jersey · May 13, 1971

Jersey and sue on their own behalf and under Rule 23(a) (2) of the Federal Rules of Civil Procedure on behalf of all other Black Americans similarly situated who attend the public schools of New Jersey, *1237 which were established … [at p. 11, 91 S.Ct. at p. 1274] “Green [held] that school authorities are ‘clearly charged with the affirmative duty to take whatever steps might be necessary to convert to a unitary system in which racial discrimination

BUNTING v. NEW JERSEY OFFICE OF THE STATE COMPTROLLER

District Court, D. New Jersey · Mar 16, 2020

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to the … Defendant DHSS is immune from suit under the Eleventh Amendment because it is a New Jersey state agency established by the executive branch. See e.g., Ong v.

State v. Assessors of City of Rahway.

43 N.J.L. 338 · Supreme Court of New Jersey · Jun 15, 1881

But were this otherwise, it has never been held that municipal corporations possessed that immunity from suits upon contracts which the sovereign itself holds; and it is an everyday’s occurrence that they are sued thereon … S. 472 , is cited as establishing the opposite principle. But it does not.

Cellucci v. Bronstein

277 N.J. Super. 506 · New Jersey Superior Court Appellate Division · Dec 6, 1994

In exchange for the absolute liability imposed on the employer, the Act grants immunity from common law negligence suits by employees. Ibid. … A lawyer's liability for malpractice cannot be established on an expert's premise of "I know it when I see it."

Somet Technologies LLC v. Kevin D. Jarvis in his capacity as Acting Commissioner of the New Jersey Department of Labor and Workforce Development

District Court, D. New Jersey · Jul 24, 2026

Sovereign Immunity Sovereign immunity “immunizes from suit in federal court both non-consenting states and those entities that are so intertwined with them as to render them ‘ … and summarily determine an entity qualifies for sovereign immunity if state law establishes the entity as “an administrative agency without existence apart from the [state].”