Case law

DIANA STEVENS VS. COUNTY OF HUDSON (L-3792-16, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 15, 2020

Plaintiff maintains that Iqbal is not entitled to qualified immunity under the NJCRA. … "The doctrine of qualified immunity operates to shield 'government officials performing discretionary functions generally . . . from liability for civil damages insofar as their conduct does not violate clearly established

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.

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].”

Mulhearn v. Federal Shipbuilding and Dry Dock Co.

2 N.J. 356 · Supreme Court of New Jersey · Jun 13, 1949

The term of each of these officers is for the term of the Governor appointing him and until his successor is appointed and has qualified, idem. … Ct. 1941), where the opinion uses the word “courts” but the context clearly shows that tribunals or some similar term was intended.

Board of Chosen Freeholders v. County Executive

357 N.J. Super. 242 · New Jersey Superior Court Appellate Division · Feb 3, 2003

however, should not be prizes within such political struggles and the ability of the Board to fulfill its vital educational responsibilities should not be hampered by such disputes. *250 The Legislature has taken steps to immunize … That this is so is clearly indicated later in its opinion when the Court referred approvingly to our holding in Sypek, supra, that the county has no power to control, alter, diminish or abolish county vocational schools.

Pfender v. Torres

336 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Jan 16, 2001

The majority began its analysis by noting that "to overcome the work-product privilege the moving party must establish: (1) that he has substantial need of the requested documents; and (2) that he is unable, without undue … If accurate, those statements clearly suggest that he was driving faster and that he saw Mrs. Pfender earlier and at a time when with due care he might well have been able to avoid striking her.

Young Women's Christian Ass'n of Princeton, NJ v. Kugler

342 F. Supp. 1048 · District Court, D. New Jersey · Feb 29, 1972

Thus, the physicians clearly have standing. … The recent restatement of the Botsford principle in the context of a Fourth Amendment ease clearly establishes that the principle is very much alive and is not limited to tort actions. . 262 U.S. 390 , 43 S.Ct. 625 , 67 L.Ed

Mef v. Abf

393 N.J. Super. 543 · New Jersey Superior Court Appellate Division · Jun 13, 2007

After spending down his assets, he qualified as a medically needy person for payment of his nursing home expenses by Medicaid. … His wife, M.E.F., received $576 per month from Social Security as her sole source of independent income—an amount that was clearly inadequate for her support.

Joseph v. Lesnevich

56 N.J. Super. 340 · New Jersey Superior Court Appellate Division · Jul 15, 1959

The authorities cited in the brief submitted on behalf of the bank clearly sustain the propriety of the dismissal of the claim against it. See First National Bank v. Goldberg, supra ; Gruntal v. … The court applied the theory suggested by Professor Ames that the doctrine of tacking adverse possession, firmly established with relation to land (see, e.g., O'Brien v.

City of Philadelphia v. STATE DEPT. OF ENVIRON. PROTEC.

73 N.J. 562 · Supreme Court of New Jersey · Jun 20, 1977

The intent of Congress to leave this power with the several states, insofar as the disposal of non-hazardous waste is concerned, is clearly manifest. … It is clearly established that potential federal regulation of a subject matter by a federal agency does not preempt present regulation by the states. Welch Co. v. New Hampshire, 306 U. S. 79, 84-85 , 59 S.

DORSEY v. MOHAN

District Court, D. New Jersey · Jul 11, 2024

Moham is not entitled to qualified immunity because she violated federal law by United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act … immunity.

Kelly v. Berlin

300 N.J. Super. 256 · New Jersey Superior Court Appellate Division · Apr 29, 1997

Moreover, all of the issues of law raised are clearly without merit. R. 2:ll-3(e)(l)(E). … Toder could be established by the common knowledge doctrine or by res ipsa loquitur.

In Re Kuebler

106 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Jun 10, 1969

(Italics ours) Fairview Cemetery Company maintains that it qualifies under this exemption as a "charitable" and as a "benevolent" organization. Obviously, it does not qualify under any of the other specified categories. … This clearly indicates that "charitable institutions," as such, are not deemed to include "cemetery companies."

Doreen A. Scott v. Director, Division of Taxation

New Jersey Tax Court · Dec 22, 2023

The Director argues taxpayers must file a federal married-joint return to qualify for the credit. The court rejects this contention. … Scott’s return clearly confirms it was prepared through the Rowan University VITA Program. A volunteer accounting student prepared Ms. Scott’s return. In 2016, she had earnings of $16,757. Mr.

Kutschinski v. Thompson

101 N.J. Eq. 649 · New Jersey Court of Chancery · Aug 24, 1927

established by the evidence in the case that they could not, on such inspection, avoid observing the brook aforesaid and the use to which the water thereof was *Page 653 utilized by the mill-owner on lands below that of … To qualify one as an expert witness, there must be some proof that he has special knowledge about the subject to which he is called upon as a witness to express an opinion in order to make his opinion of any value.

State v. Toliver

180 N.J. 164 · Supreme Court of New Jersey · Jun 21, 2004

After we issued our decision in Fortin II, codefendants moved for dismissal of the aggravating factors, and for further relief requiring grand jurors to be death qualified, allowing defense counsel to be involved in that … The purposes of the grand jury are to “determine whether the State has established a prima facie case that a crime has been committed and that the accused has committed it.” State v.

Shuster v. Board of Review

396 N.J. Super. 240 · New Jersey Superior Court Appellate Division · Oct 18, 2007

imminent, her leaving work because she was eventually going to be discharged and needed to look for new employment was not a sufficient cause for leaving the ranks of the employed to join the ranks of the unemployed to qualify … implied legislative policies; (3) whether the record contains substantial evidence to support the findings on which the agency based its action; and (4) whether in applying the legislative policies to the facts, the agency clearly

STATE OF NEW JERSEY VS. ISAIH GORDON (13-11-2914, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 27, 2017

Under the circumstances of this case, such an error is clearly capable of producing an unjust result. … We disagree with the State's contention that the error was not clearly capable of producing an unjust result.