Case law

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

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.

Jarrah v. Trump Hotels & Casino Resorts, Inc.

487 F. Supp. 2d 522 · District Court, D. New Jersey · May 30, 2007

The contractual language is unambiguous, and it is clearly intended to establish a minimum level of service that MO must provide. … An agency relationship can be established through apparent authority.

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.

Hammer v. Local No. 211

34 N.J. Super. 34 · New Jersey Superior Court Appellate Division · Aug 18, 1954

Outstanding rights and immunities which the law vests in them are involved. … Meadowmoor Dairies, Inc., 312 U.S. 287 , 61 S.Ct. 552 , 85 L.Ed. 836 (1941), is clearly applicable.

DeRienzo v. Morristown Airport Corp.

28 N.J. 231 · Supreme Court of New Jersey · Nov 17, 1958

We cannot agree with this reasoning because there was other evidence which clearly and impressively supported plaintiff’s contentions as to the cause of the accident. … motion for dismissal: “* * * The question is whether the trier of the facts could, on any reasonable view of the evidence, rejecting all evidence and inferences unfavorable to the plaintiff, find that the plaintiff had established

Found v. Morris Cnty. Bd. of Chosen Freeholders

232 N.J. 543 · Supreme Court of New Jersey · Apr 18, 2018

, shall be capable of being elected into any Office of Profit or Trust, or being a Member of either Branch of the Legislature, & shall fully & freely enjoy every Privilege & Immunity enjoyed by others their Fellow-Subjects … concerns" could not "qualify as compelling."

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.

Bowers v. . National Collegiate Athletic Ass'n, Act, Inc.

151 F. Supp. 2d 526 · District Court, D. New Jersey · Aug 6, 2001

In Bowers VI, I held that the University of Iowa is not entitled to Eleventh Amendment immunity. … Finally, the NJLAD does not establish an "inconsistent legislation” problem as described in Instructional Systems, Inc. 12 .

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.

Stines v. Carton

2 N.J. Misc. 807 · New Jersey Court of Chancery · Aug 8, 1924

The facts established at the hearing are that Mr. … Carton was appointed the executor, and has duly qualified.

CRISDON v. NORTH GATE II

District Court, D. New Jersey · Jan 31, 2025

§ 1915{e)(2)(B), and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or otherwise seeks relief from an immune defendant. … To establish jurisdiction, a pleading must either present a federal claim or trigger the court’s diversity jurisdiction. See Gibson v. Tip Towing & Recovery LLC, No. 23-2919, 2024 WL 658977 at *1 (3d Cir.

M. Alfieri Co. v. State

269 N.J. Super. 545 · New Jersey Superior Court Appellate Division · Jan 10, 1994

In a similar vein, Alfieri’s reliance on L.1987, c. 129, § 11 is clearly misplaced. … The legislative classification clearly satisfies that test.

Bowler v. Fidelity & Casualty Co. of NY

53 N.J. 313 · Supreme Court of New Jersey · Mar 3, 1969

If because of the physical condition, gainful employment cannot be obtained or performed, total disability is established. … Moreover, the facts establish another independently adequate ground for such an estoppel.

Gupta v. Perez

101 F. Supp. 3d 437 · District Court, D. New Jersey · Apr 27, 2015

and set aside agency action, findings, and conclusions found to be- (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … The Third Circuit has established that “a plaintiff ... who seeks to establish a procedural due process claim must demonstrate that ‘(1) he was deprived of an individual interest that is encompassed within the Fourteenth

Market Street Mission v. Bureau of Rooming & Boarding House Standards

110 N.J. 335 · Supreme Court of New Jersey · May 19, 1988

It cannot be doubted that religious institutions do not enjoy an absolute immunity from worldly burdens. Prince v. … The establishment clause proscribes excessive entanglement and permits only minor and unobtrusive State supervision of religiously oriented affairs.

State v. Finn

175 N.J. Super. 13 · New Jersey Superior Court Appellate Division · May 15, 1980

To enforce a stipulation which prevents defendant from introducing rebuttal testimony by his own expert is to deny him the fundamental right to present witnesses and to establish a defense. … Defendant must be able to present his own equally qualified, equally scientific expert who is conversant with the method and mechanisms of polygraph techniques and who will have standing in the eyes of a jury to criticize

Frank v. Frank's Inc.

9 N.J. 218 · Supreme Court of New Jersey · Mar 31, 1952

It is the absence of fraud as to the plaintiff that most clearly distinguishes the case at bar from the Telis case. In the circumstances of this case, there is no justification for attacking the corporate structure. … To do so would not only unsettle the established business practice of using corporations for legitimate purposes but might also jeopardize the rights of creditors.

Matter of Petition of Paterson Counseling Ctr.

237 N.J. Super. 240 · New Jersey Superior Court Appellate Division · Dec 11, 1989

Consequently, the Department encouraged its employees who were involved in conducting drug treatment programs to establish private non-profit corporations to perform this responsibility. … Fourth, as indicated by the discussion in section I of this opinion, the directive was not "expressly provided by or clearly and obviously inferable from" the Act.

Hyland v. Ponzio

159 N.J. Super. 233 · New Jersey Superior Court Appellate Division · Apr 26, 1978

It seems inconceivable that the Legislature intended to establish one standard for the issuance of a license and another for its renewal or revocation. … Such a construction is clearly contrary to the equity and spirit of the Civil Service Act.