Case law

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.

In re the Estate Ehrlich

427 N.J. Super. 64 · New Jersey Superior Court Appellate Division · Jun 29, 2012

under Section 3, it would have, we submit, declared so expressly as did, for instance, the Colorado Legislature in enacting its version of UPC § 2-503 and *73 N.J.S.A. 3B:3-3. 3 The fact that the Legislature chose not to qualify … As the motion judge noted, in its form, the document “is clearly a professionally prepared Will and complete in every respect except for a date and its execution.”

FRANCIS v. Harris

100 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Apr 8, 1968

Although state plans must meet certain standards and conditions *317 prescribed by federal law and must be approved by the Secretary of Health, Education and Welfare in order to qualify for federal grants-in-aid (see 42 U.S.C.A … Hellams, supra, is clearly distinguishable.

Fagan v. City of Newark

78 N.J. Super. 294 · New Jersey Superior Court Appellate Division · Feb 14, 1963

That the witness meant causal relation is clearly indicated by the *301 explanation he gave for his answer. … He found the hypothesis of probability of causal connection between the decedent's work and the heart accident to have been satisfactorily established.

Wright v. First National Bank

52 N.J. Eq. 392 · New Jersey Court of Chancery · Feb 15, 1894

Clearly, the legislature intended to guard against every pretence or mere color and all deceit. … The assignment of Bell being established, he ceased to be a bona fide holder of stock.

MONIQUE RAYMOND VS. NEW JERSEY DEPARTMENT OF TRANSPORTATION (L-2417-18, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 23, 2021

Third, she maintains the court erred in concluding she failed to establish a qualifying injury under the TCA. Finally, she argues the court mistakenly dismissed her claim for economic damages. … unreasonable, we do not address plaintiff's challenges to the court's dismissal of her damage claims or its ruling that plaintiff failed to establish a qualifying injury under the TCA.

Dalton v. Gesser

72 N.J. Super. 100 · New Jersey Superior Court Appellate Division · Jan 26, 1962

The court there was clearly discussing only the admissibility of evidence and not the burden or quantum of proof to be met by the plaintiff. … In the light of the charge the above conclusions are clearly manifest from the evidence as to liability which was before the jury.

Forcella v. City of Ocean City

70 F. Supp. 2d 512 · District Court, D. New Jersey · Nov 17, 1999

(establishing the Police Department); see generally, Pollock v. … Clearly, the facts of this case are distinguishable from those of Feinberg v. State, 137 N.J. 126 , 644 A.2d 593 (1994).

FISHER v. COUNTY OF MERCER

District Court, D. New Jersey · Jul 31, 2024

Therefore, the Court does not address Defendants’ arguments that Plaintiff fails to state a claim for relief against Warden Ellis in his individual capacity or that Ellis is entitled to qualified immunity, which is only … Callahan, 555 U.S. 223, 244 (2009) (“The principles of qualified immunity shield an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law.”); Brandon v.

City of Ocean City v. Somerville

403 N.J. Super. 345 · New Jersey Superior Court Appellate Division · Oct 10, 2008

Such municipally-sponsored redevelopment plans, the court reasoned, were immune to initiative and referendum, which "would clearly frustrate the legislative intent so evident throughout both statutes." Ibid. … In the first place, the TPO fails if only because of its "referendum" feature, from which municipal budgets are clearly exempt.

Nolan v. Judicial Council of Third Circuit

346 F. Supp. 500 · District Court, D. New Jersey · Jul 29, 1972

O’Neill, is a competent and well qualified attorney and has no conflict of interest with respect to Schiavone Construction Co., I direct that Mr. … whether or not review may be available in other courts in other circumstances, the fact that Judge Shaw considered the resolution and acted upon it in issuing his May 2 order, from which an appeal has been taken, makes it clearly

Gensheimer v. Dulles

117 F. Supp. 836 · District Court, D. New Jersey · Jan 22, 1954

Whether or not the plaintiff took the prescribed oath is immaterial ; the oath was a concomitant of his conscription, and if it was taken, it was taken under circumstances clearly tantamount to duress. VÍ. … It has been uniformly held that this “language is to be qualified, however, by the settled doctrine * * * that expatriation can be the consequence only of voluntary action.” Perri v.

Tonyelle R. Jamison, Etc. v. Jersey City Medical Center

New Jersey Superior Court Appellate Division · Oct 1, 2024

"This test recognizes that even a person who acted negligently is entitled to a qualified immunity, if [the person] acted in an objectively reasonable manner." Frields, 305 N.J. … Even if defendants were not entitled to immunity, the court correctly determined plaintiff failed to establish JCMC breached any applicable standard of care and failed to prove the alleged "systemic and structural flaws

Highton v. Musto

186 N.J. Super. 281 · New Jersey Superior Court Appellate Division · Jun 23, 1982

Thus, the Alongi case is clearly distinguishable from the instant case and, in fact, is clear support for the applicability of the general rule. … Therefore, perhaps his disqualification would lie outside the time period established by N.J.S.A. 40A:16-17.

State of New Jersey v. Taviaus Wilson

New Jersey Superior Court Appellate Division · Jun 12, 2024

Based on that history and tradition, we reject the novel proposition that motorists can unilaterally render containers in a vehicle immune from automobile- exception searches by locking them. … We are satisfied that under Cohen's "entirety of the interior" ruling, a glove box clearly falls within the interior region of a vehicle. Ibid.

Yellow Cab Co. v. State

126 N.J. Super. 81 · New Jersey Superior Court Appellate Division · Nov 27, 1973

Employees who basically drive vehicles and who only incidentally or occasionally makes sales do not qualify for this exemption. … We do not read that provision as clearly evidencing a congressional intention to displace all state regulation in the field of hours and wages.

CARBONARO v. GLASSBORO POLICE DEPARTMENT

District Court, D. New Jersey · Apr 5, 2023

As for the prosecutor’s office, the Complaint establishes that the Gloucester County Prosecutor’s Office “is charged with the responsibility of establishing and enforcing policies … immunity.

Dewey Land Co. v. Stevens

83 N.J. Eq. 656 · Supreme Court of New Jersey · Jun 15, 1914

Clearly, this *661 intimates that something is lost and says that something is not lost. What is it that is, and what is it that is not, lost ? … A practical working system is necessary for the good of all, and where such a system has been established its fairness must be more than questioned, in fact, must be clearly overthrown, before the courts will feel justified

A.B. v. S.E.W.

175 N.J. 588 · Supreme Court of New Jersey · Apr 1, 2003

To prevent endless re-litigation of settled eases, new developments in case law generally do not qualify as “ ‘an extraordinary circumstance’ as to justify relief from a final judgment^]” Hartford Ins. Co. v. … Briefly stated, “[prospective application is appropriate when a decision establishes a new principle of law by overruling past precedent or by deciding an issue of first impression.” Montells v.

La Troncal Food Corp. and Vicente Intriago v. Director, Division of Taxation

New Jersey Tax Court · Oct 2, 2024

Clearly not. No. Q. Why do you say clearly not. A. … At trial the plaintiff presented the testimony of its president to establish that its business was profitable before the merger.