Case law

WILLIAM J. BRENNAN VS. COUNTY OF BERGEN (L-7403-16, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 20, 2021

"To qualify as expressive conduct protected by the First Amendment, the actor must have '[a]n intent to convey a particularized message . . . and in the surrounding circumstances the likelihood [must be] great that the … The record does not clearly establish the length of the delay. On the video, it appears that plaintiff waited approximately seven minutes while Giblin checked to see if the building was a polling place.

Reed v. Attorney General

195 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Aug 7, 1984

We are wholly satisfied that these issues are clearly without merit. R. 2:ll-3(e)(l)(E). Affirmed. … school other than a public school regardless of whether such transportation is along established public school routes.

In re Hudson County Probation Department

178 N.J. Super. 362 · New Jersey Superior Court Appellate Division · Mar 20, 1981

The Secretary of HEW has numerous duties, among which are the establishing of standards *369 for the respective state programs, the establishing of certain minimum organizational and staffing requirements for the respective … We note also that the federal funding in this case is substantial and is clearly the lifeblood of the Title IV-D program.

Molino v. BF Goodrich Co.

261 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Dec 18, 1992

We held that this decision constituted an abuse of discretion, as the expert was clearly qualified as an expert about the materials used in TEC 21F. … Forney's extensive background in tire analysis qualified him to testify regarding the need for an adequate warning.

Mortimer v. Board of Review

99 N.J. 393 · Supreme Court of New Jersey · Jun 4, 1985

Section 19(u), however, did not accord the same *396 exclusivity to the monetary alternative test, since employees qualifying under that standard could not calculate the average weekly wage on the basis of the most recent … However, what the amendment clearly conveys is a disavowal by the Legislature of the method of calculation approved in Schatz with respect to claimants who worked more than 20 base weeks in the base year.

Brady v. New Jersey Redistricting Commission

131 N.J. 594 · Supreme Court of New Jersey · Apr 7, 1992

Because the unconstitutional portion of the legislation is clearly severable, we proceed to address the substantive challenges in both appeals. … Of course, the Act qualifies that duty somewhat by adding the sensible condition “to the fullest extent reasonable and when not in conflict with [the Act’s other requirements].” N.J.S.A. 19:46-10(d).

Job Haines Home for the Aged v. Township of Bloomfield

19 N.J. Tax 408 · New Jersey Tax Court · Feb 16, 2001

The opposite construction would place taxpayer in the anomalous position of having to lose money to qualify for an exemption. … First, the court pointed out that the taxpayer was unable to establish ownership of the property at the time it was previously exempt. See Hillcrest, supra, at 47-48 .

TP. OF SPRINGFIELD v. Union Cty. Park Comm.

163 N.J. Super. 332 · New Jersey Superior Court Appellate Division · Oct 11, 1978

property shall become tax exempt as of the date of acquisition. [ L. 1971, c. 370, § 2] Defendant Commission contends that the above statutes are not applicable, that it is not liable for taxes under the same and that it is immune … Thus, it is clear that such conflicts in powers, functions and internal operations clearly demonstrate that it was not the intention of the Legislature to include the Union County Park Commission within the definition of

Mimnagh v. Falato

110 N.J.L. 266 · Supreme Court of New Jersey · Jan 31, 1933

The case is clearly distinguishable from the rule laid down in Doran v. Thomsen, 76 N. J. L. 754. … The record discloses-that the testimony was offered in a qualified fashion and that possibly this housekeeper did render services to another member of the respondent’s family who was ill at the time.

Carianni v. Schwenker

38 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Nov 25, 1955

Clearly, in the case cited, there was no indication that the surviving parents could not sustain themselves without the assistance of the deceased daughter. … A clearly debatable factual issue on dependency was being developed as to all three daughters. The extent, for example, to which Mrs.

Fischer v. Canario

143 N.J. 235 · Supreme Court of New Jersey · Jan 30, 1996

Canario argued that a judgment notwithstanding the verdict should have been entered in his favor because the evidence failed to establish that he had a duty to inform Mrs. … A purely prospective application of the Scafidi damage-apportionment rule would clearly frustrate the purpose of that decision.

Wilzig v. Sisselman

209 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Mar 3, 1986

The general rule with respect to apparent authority in this State is clearly stated in Mesce v. Automobile Association of New Jersey, 8 N.J. … When established, the authority, implied or apparent, can neither be qualified by the secret instructions of the principal nor enlarged by the unauthorized misrepresentations of the agent.

Chambers v. Hunt

22 N.J.L. 552 · Supreme Court of New Jersey · Apr 15, 1849

The affirm *555 ative being on the plaintiff, upon the principle already referred to, it followed that he must prove property in himself, absolute or qualified, to the entire chattels, or what, in reference to this plea, … Whether founded on accurate reasoning or otherwise, it is clearly established for law, that the defendant shall have a return, because, as is the reason given, he had the possession, which was illegally taken from him by

M. v. S.

169 N.J. Super. 209 · New Jersey Superior Court Appellate Division · Jun 6, 1979

Div. 1975), held that the county welfare board was entitled to budgetary immunity to such expenses in the absence of specific appropriation for such tests. … Clearly there is a nexus between the parties and the county welfare board.

Transcontinental Gas Pipe Line Corp. v. Borough of Milltown

93 F. Supp. 287 · District Court, D. New Jersey · Sep 23, 1950

largely within the orbit of its control it has left to the states some power of regulation with respect thereto. 3 However, the regulatory powers of Congress over the transportation of natural gas in interstate commerce clearly … Neither is qualified to testify as to the engineering feasibility of the transportation of natural gas with relation to the installation of the pipe line or the maintenance and operation thereof.

State v. Hughes

199 N.J. Super. 173 · New Jersey Superior Court Appellate Division · Mar 1, 1985

We have carefully considered these contentions and all of the arguments advanced by defendant in support of them and find that they are clearly without merit. … session of the Superior Court in their county, make two lists, alphabetically arranged and consecutively numbered, of persons liable to jury duty, having regard to the just distribution of jury service among those persons qualified

Luchejko v. City of Hoboken

207 N.J. 191 · Supreme Court of New Jersey · Jul 27, 2011

There is no call to upset the well-established and longstanding difference in the duties imposed on residential versus commercial property owners. … With those principles clearly understood, the panel properly concluded that because the property in issue was used solely for religious purposes it was not “commercial” under Stewart.

White v. Township of North Bergen

77 N.J. 538 · Supreme Court of New Jersey · Sep 14, 1978

Abandoning the concept of interspousal immunity for torts arising out of negligent automobile operation in Immer v. Risko, 56 N. … When the time came to recognize the injustice of sovereign immunity in denying relief to persons injured by the State’s negligence, we abandoned that long-established principle in Willis v. Department of Cons. & Econ.

State v. Williams

239 N.J. Super. 620 · New Jersey Superior Court Appellate Division · Mar 23, 1990

He did state that he was not in a police vehicle when he observed the money exchanged, and conceded on cross-examination that he could not see everything clearly. … The Court of Appeals disagreed, *629 noting that "policy justifications analogous to those underlying the well-established informer's privilege support a qualified privilege protecting police surveillance locations from disclosure

Gangemi v. Berry

25 N.J. 1 · Supreme Court of New Jersey · Jul 9, 1957

This result was confirmed by a statutory recount; and a certificate of election was issued to Beny, who thereupon qualified and assumed charge of the office. … A. 19:57-2, as “any qualified and registered voter of the State who expects to be absent from the State on the day of any election and any qualified and registered voter who will be within the State on the day of any election