Case law

Matter of Review of Administrative Promulgation

83 N.J. 67 · Supreme Court of New Jersey · May 28, 1980

Although the State Medicaid program reimbursed qualified *74 nursing homes which voluntarily accepted indigents for their care at standard rates, the homes could generally obtain greater fees from private paying patients … Administrative regulations enjoy a presumption of legality and unless clearly ultra vires on their face, and we have held they are not, the person attacking them has the burden of proving their invalidity.

C.A.M. v. R.A.W.

237 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jan 9, 1990

We recognize that in all three of these out-of-state cases the issue arose by way of a father’s counterclaim to a suit seeking to establish paternity and support for the child, whereas, in this case, it is the mother who … Those principles are clearly applicable in this case.

RAMIREZ CAAL v. TRENTON

District Court, D. New Jersey · Apr 29, 2022

App’x at 516 (federal employees may be sued under Bivens in their individual capacities, subject to the qualified immunity defense); Debrew v. Auman, 354 Fed. App’x 639, 641 (3d Cir. 2009) (same); Balice v. … App’x 158, 163 (3d Cir. 2007) (holding it clearly established that choking, hitting on the head and kicking an arrestee after he or she is restrained on the ground constitute forms of excessive force); Noble v.

State v. Maas & Waldstein Co.

83 N.J. Super. 211 · New Jersey Superior Court Appellate Division · Apr 3, 1964

In such circumstances, the defense of sovereign immunity would not be available to plaintiff. Indeed, the doctrine of sovereign immunity is currently in disfavor. See McCabe v. N. J. Turnpike Authority, 35 N. … J., in accordance with the plans shown on the drawings attached * * These drawings clearly show that the federal consent extended beyond the very limited area of the railroad bridge to which defendant refers.

M.G. v. S.M.

457 N.J. Super. 286 · New Jersey Superior Court Appellate Division · Dec 26, 2018

Clearly, [the] stock[s] were *323 performance options and a reward for staying with my employer and a reward for future performance. … To refute such a presumption, the party seeking exclusion of the asset must bear " 'the burden of establishing such immunity [from equitable distribution] as to any particular asset.' " [ Id. at 609 , 660 A.2d 485 (alteration

Edgemere at Somerset v. Johnson

143 N.J. Super. 222 · New Jersey Superior Court Appellate Division · Mar 23, 1976

Pfaender Director Office of Loan Management The subject housing units qualify as an "unsubsidized insured project," and the pertinent portions of the agency's regulations authorizing the action taken by HUD are as follows … Further, it is clearly impossible for plaintiff in any manner to be in compliance with both the HUD minimum and the Board maximum.

In Re National Credit Management Group, L.L.C.

21 F. Supp. 2d 424 · District Court, D. New Jersey · Mar 25, 1998

“An advertiser’s good faith does' not immunize it from responsibility for its misrepresentations.... ” World Travel, 861 F.2d at 1029 (quotation omitted). … and/or re-establish ... credit.”

In re Norris

550 B.R. 271 · United States Bankruptcy Court, D. New Jersey · May 20, 2016

The “restriction” was clearly enforceable under the Statute, thereby satisfying the fifth factor. … The combination of the language of section 408(e) in conjunction with IRS publications and regulations and the Jan-kelovits case cited by In re Thiem are sufficient to establish the tax exempt status of inherited IRAs.

Baker v. LABOR & INDUSTRY DEP'T

183 N.J. Super. 29 · New Jersey Superior Court Appellate Division · Feb 2, 1982

Appellant did not qualify as an employee with 17 base weeks during the brief controlling period and to be eligible for benefits had to demonstrate she "earned" $2,200 or more during that time. … Thus, to the extent appellant, after taking maternity leave, received remuneration in the form of sick days, vacation days and personal days, the statutory purposes clearly are not served by giving her disability benefits

Sigma Phi Epsilon v. City of Hoboken

1 N.J. Tax 607 · New Jersey Tax Court · Nov 12, 1980

Monetary scholarships and loans are also available to qualified members through the respective national organizations of the plaintiffs. … The stated purposes are to establish and maintain a fraternity house for the use and comfort of members and to foster literary, social and fraternal intercourse among those members.

Township of Princeton v. Bleiman

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

Miko v. Miko

283 N.J. Super. 287 · New Jersey Superior Court Appellate Division · Aug 17, 1994

The need for an equitable remedy from the court therefore is clearly present. … The case at bar is analogous to DeCeglia in that it involves a support obligation which was clearly established.

Passaic County Board of Social Services ex rel. T.M. v. A.S.

442 N.J. Super. 59 · New Jersey Superior Court Appellate Division · May 4, 2015

He has been qualified in roughly fifteen states in the Northeast as an expert in the application and interpretation of genetic test results relevant to paternity evaluation. … After the preliminary results are obtained, they are examined by only a handful of qualified and designated directors, including Wurzinger.

Wright v. Sanger

101 N.J. Eq. 203 · New Jersey Court of Chancery · May 25, 1927

Such delivery of the bonds as may be said to have been made by the decedent was qualified as aforesaid. … To substantiate the defendant's alleged claim of gift inter vivos , the defendant must not only sustain the burden by evidence of such probative force as clearly establishes every element of a valid gift, but, as is said

Association for Fairness in Business Inc. v. New Jersey

82 F. Supp. 2d 353 · District Court, D. New Jersey · Feb 8, 2000

Because this report fails to establish discrimination on the part of casino licensees, the State, in relying on it, has failed to establish a compelling interest in remedying that alleged discrimination. … Thus, even if the Commission’s report were accepted as evidence of discrimination in the casino industry, the remedy established by the Casino Control Act is clearly out of sync with the extent of the discrimination that

Citro v. Reilly

99 N.J. Super. 215 · New Jersey Superior Court Appellate Division · Feb 5, 1968

Defendants, in answer to the complaint, allege compliance with all applicable laws and further urge that their predecessors in office established a procedure which they followed as the established procedure. … They are clearly violative thereof and were unlawful. O’Donnell v. Board of Chosen Freeholders of the County of Morris, 31 N. J. 434 (1960), is factually directly on point with the instant case.

Kansel v. Unemployment Compensation Commission

135 N.J.L. 245 · Supreme Court of New Jersey · Feb 25, 1947

Kansel lias been the owner and operator of a printing establishment at 249 West Kinney Street, "Newark, since January 1st, 1912. … S. 43:21-19 (g) is so clearly controlling on the facts developed and in the law as applied in the cases cited.

DENNIS v. MYLIFE.COM, INC.

District Court, D. New Jersey · Dec 20, 2021

In this case, Plaintiffs assert that Defendant has failed to establish the first and third requirements for Section 230 immunity. Pls. Supp. Br. I at 7. … [where] Defendants qualify for the immunity.”

Suesserman v. Newark Bd. of Adjustment

61 N.J. Super. 28 · New Jersey Superior Court Appellate Division · Apr 12, 1960

None of the remaining findings of the board could in present circumstances qualify as such a special reason. The defendant Steiner relies on Mistretta v. City of Newark, 33 N.J. … similar to the present one, differs however in the material respect that in that case there was an extensive finding as to the benefit the proposed off-street parking facilities would confer upon the surrounding area which clearly

Pagano v. Zoning Bd. of Adjustment

257 N.J. Super. 382 · New Jersey Superior Court Appellate Division · May 1, 1992

However, a full review of his testimony demonstrates sufficient breadth of experience and depth of knowledge to have qualified him as an expert which the Board impliedly, if not expressly, acknowledged. … Super. 445, 452 , 288 A. 2d 308 (Ch.Div. 1972). [8] In the present case, the applicants did not attempt to establish that the pistol range qualified as an inherently beneficial use, a position that would have necessitated