Case law

In Re Pipes

329 N.J. Super. 391 · New Jersey Superior Court Appellate Division · Apr 3, 2000

to licensure as a New Jersey real estate broker as established at N.J.S.A. 45:15-9 and N.J.A.C. 11:5-1.3. … Clearly Mr. Pipes meets the educational and good character requirements.

FREDERICK OF THE FAMILY GONORA v. RISCH

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

Turning first to Defendant’s immunity from suit: the doctrine of quasi-judicial immunity “evolved out of its well-known namesake, judicial immunity,” which protects judges from liability for damages for acts committed within … Finally, the Court briefly notes that Plaintiff's attempt to bring a claim against Defendant based on the bill of attainder clause also clearly fails.

In Re Estate of Kolacy

332 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Mar 31, 2000

Isaac Kligman of the Center for Reproductive Medicine and Infertility are fully credible and that they firmly establish the facts set forth above. … On the other hand, it would clearly be unfortunate for those federal adjudicatory processes to reach a result based in part upon an incorrect determination by federal tribunals of New Jersey law.

Stomel v. City of Camden

383 N.J. Super. 615 · New Jersey Superior Court Appellate Division · Mar 10, 2006

Current law adequately and clearly expresses the form of government in question, and to infer that the mayor is a member of the governing body is misleading in that he has no voting rights and, indeed, need not attend council … Different tests, each bearing upon the degree of control an employer exercises over an individual, are used by New Jersey courts to determine whether an individual qualifies as an employee.

New Jersey Title Insurance v. Caputo

163 N.J. 143 · Supreme Court of New Jersey · Mar 22, 2000

times the allowable amount and, in fact, on nine occasions, Caputo met or exceeded the allowable weekly total in just one day, no explanation was offered for failure to file any such report, even though this omission could clearly … It is not established by negligent or careless conduct or by vague suspicion. Likewise, actual knowledge of and complicity in the fiduciary’s misdeeds is not required.

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.

DELAWARE RIVER PORT AUTHORITY v. WALSH

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

Since “the claimed injury ‘is the process itself,’ . . . the interests of the parties are clearly adverse.” … Such relief seeks to conform the New Jersey Comptroller’s conduct with federal law—the Compact— and therefore qualifies as prospective relief as required under Ex Parte Young. See Del.

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.

Pittston Co. v. Allianz Insurance

795 F. Supp. 678 · District Court, D. New Jersey · Jun 19, 1992

does not afford immunity, foreign states should be treated no differently than private defendants. … Unless the insured’s claim was clearly without merit, there seems no compelling reason to do otherwise.

Whitfield v. Whitfield

222 N.J. Super. 36 · New Jersey Superior Court Appellate Division · Dec 18, 1987

Clearly, this pension will not be earned on the 20th anniversary of defendant's entry into the service. … Indeed, in other areas of the law, it is well established that mere difficulty in determining the quantum of value of a party's claim is no reason to bar that claim if it is otherwise established. Sandler v.

Phillips v. Curiale

128 N.J. 608 · Supreme Court of New Jersey · Jul 13, 1992

conflicting policies that have resulted from * * * the elimination of immunity for members of the military.” … Those principles of legislative power to establish new regimes of recovery or to abolish existing rights have been held applicable in a wide variety of circumstances.

Atlantic City Municipal Utilities Authority v. Regional Administrator

616 F. Supp. 722 · District Court, D. New Jersey · Aug 27, 1985

Further, because it evinces a waiver of sovereign immunity, the grant of such a right of action must be made with specificity and not by implication. Id. … Clearly, the ranking of projects in a priority list addresses the relative, not the inherent, merits of each.

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."

United States v. Bills

639 F. Supp. 825 · District Court, D. New Jersey · Mar 19, 1986

The contract also clearly stated that deferments would not be granted for more than three years. … Bills then wrote to NHSC officials requesting a one year deferment, representing in his letter that his program *829 with Rutgers would qualify him to serve in the NHSC.

Alderiso v. Medical Center of Ocean County, Inc.

167 N.J. 191 · Supreme Court of New Jersey · May 9, 2001

We first consider whether the date on which plaintiff received oral notice of her termination qualifies as the date of discharge. … The tribunal’s conclusion in that regard was not based on credibility determinations, but rather represents an evaluation of an underlying fact, which is clearly reviewable by an appellate court.

Congoleum Corp. v. Hamilton Township

7 N.J. Tax 436 · New Jersey Tax Court · Apr 9, 1985

In this approach, McCloskey first established reproduction-cost-new. … comparison and it has also failed to document that these sales were clearly within the market in which the subject would be sold.

Taylor v. Coriell

66 N.J. Eq. 262 · New Jersey Court of Chancery · Apr 22, 1904

If it clearly appears that a deposit made to a joint account is merely for the convenience of the parent in drawing money and not with the intention to make a gift to the child in case of it surviving its parent, a subsequent … Coriell, the depositor, was employed during the usual banking hours in Hew York City, and it is not unreasonable to infer that he wished to have someone qualified to draw money if he should not be able at all times to be

Judson v. Peoples Bank & Trust Co. of Westfield

17 N.J. 67 · Supreme Court of New Jersey · Dec 13, 1954

Austin, supra , the first alternative is clearly preferable. … If it is not a qualifying phrase, what meaning can it have?

United States v. Far East Conference

94 F. Supp. 900 · District Court, D. New Jersey · Jan 18, 1951

The defendants likewise misconceive the effect of the specific immunity granted by the statute. … It is well established that repeals by implication are not favored. United States Alkali Ass’n v. United States, supra, 325 U.S. 209 , 65 S.Ct. 1120 ; United States v.

KHAN

District Court, D. New Jersey · Aug 26, 2026

An actionable claim must satisfy six elements to “simultaneously trigger the Government’s waiver of sovereign immunity, create subject matter jurisdiction over the claim, and establish the Government’s tort … However, Plaintiff cannot amend in his opposition brief the clearly identified federal sources of duty alleged in the Complaint. See Pennsylvania ex rel. Zimmerman v.