Case law

In Re Wene

26 N.J. Super. 363 · New Jersey Superior Court Appellate Division · May 29, 1953

Elections should never be held void unless they are clearly illegal. No fraud is charged in the instant case. … Schlemm, supra (at p. 436), `* * * Mere suspicion does not establish the legality of the election of the petitioner or the defeat of the incumbent.'"

American Employers' Insurance v. Elf Atochem North America, Inc.

157 N.J. 580 · Supreme Court of New Jersey · Mar 17, 1999

In determining Elf/Pennwalt’s residence, the trial court considered that Elf/Pennwalt had been qualified to do business in New Jersey and had conducted business in New Jersey for many years. … Thus although we agree with the trial court that the proper analysis involves an assessment of various factors, Elf/Pennwalt’s business presence alone is insufficient to establish residency for the purpose of qualifying for

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.

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.

Floorgraphics, Inc. v. News America Marketing In-Store Services, Inc.

546 F. Supp. 2d 155 · District Court, D. New Jersey · Feb 5, 2008

Wills clearly does not have “thin” qualifications. On the contrary, Mr. Wills qualifications should not even be at issue. … McLaughlin, although intermittently qualified in the field of store marketing, failed to use an acceptable methodology to establish causation in this business torts case.

Fravega v. SECURITY S. & L. ASS'N

192 N.J. Super. 213 · New Jersey Superior Court Appellate Division · Oct 14, 1983

However, since plaintiffs were clearly represented by counsel at that point they had ample opportunity to negotiate that item then. … certain of the legislative history to that which applies upon the granting of a writ of attachment, the language of R. 4:60-5(a) dealing with writs speaks only in terms of "a probability" of success and does not contain qualifying

The Nar Group, Inc. v. Save Lebanon Township Coalition

New Jersey Superior Court Appellate Division · Oct 15, 2025

Plaintiff cites Rule 4:6-1(b) as establishing a distinction between a motion to dismiss and a responsive pleading. … However, those conversations failed to establish that defendant's and Bohn's opposition to plaintiff's development application was a sham precluding immunity under the Noerr-Pennington doctrine.

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.

Executors of Van Houten v. Pennington

8 N.J. Eq. 745 · Supreme Court of New Jersey · Mar 15, 1852

This is the disposition of the estate, indicated as clearly by the language of the will as by the voice of nature. … There is nothing in the provisions of the will, aside from the particular clause in question, indicating an intent on the part of the testator to limit or in any wise to qualify the estate given to his son after he should

Hubbard v. Reed

331 N.J. Super. 283 · New Jersey Superior Court Appellate Division · May 15, 2000

Put another way, the Legislature can clearly choose to require that such a plaintiff establish a threshold of merit even though plaintiff does not intend to use an expert. … The Legislature clearly did not intend such a result.

Matter of Recycling & Salvage Corp.

246 N.J. Super. 79 · New Jersey Superior Court Appellate Division · Feb 1, 1991

This clearly was one operation, subject to the Board's jurisdiction. II. … Clearly, there is nothing constitutionally defective in these requirements.

In re T.B.

236 N.J. 262 · Supreme Court of New Jersey · Jan 8, 2019

The Attorney General argues that the drug court expungement statute clearly imports the public-interest requirement from N.J.S.A. 2C:52-2(c)(3). … In addition, the Attorney General submits, successful completion of drug court alone does not establish that expungement is in the public interest. IV.

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).

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.

Patterson v. Board of Trustees, State Police Retirement System

194 N.J. 29 · Supreme Court of New Jersey · Mar 11, 2008

Essentially, a qualified member who is permanently disabled for any reason will qualify for ordinary disability. … Clearly, that prolonged exposure would not sustain characterization as a traumatic event as we have described it.

Seilheimer v. Seilheimer

40 N.J. Eq. 412 · New Jersey Court of Chancery · Oct 15, 1885

in any case, where it is clearly shown that an innocent man has been fraudulently entrapped into a marriage with a woman whom he believed to be pure, but who was, in fact, at the time of their marriage, incapable of contracting … But a husband, to be qualified to ask relief of this nature-against the woman whom he has taken as his wife, must be pure, himself — pure, at least, so far as she is concerned. Carris v. Carris, 9 C. E.

United States v. Michael

456 F. Supp. 335 · District Court, D. New Jersey · Aug 17, 1978

Such travel with intent to commit bribery, arson or extortion is clearly proscribed by the very language of section 1952. See United States v. Nardello, supra; United States v. … A similar statutory immunity, immunizing from prosecution for criminal abortion any person who gives testimony against another participant in' the crime, was held to be plain evidence of an affirmative legislative policy

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

Fazilat v. Feldstein

180 N.J. 74 · Supreme Court of New Jersey · May 27, 2004

To hold otherwise would grant heirship immunity to parents of children who are bom out of wedlock and do not establish parentage before reaching age twenty-three. That would terminate many claims before they accrue. … A claim for child support, which would affect the devolution of an estate, is clearly included within that definition.

In re the Contest of the Alleged Election of Stoebling

16 N.J. Misc. 34 · Hudson County Circuit Court, N.J. · Jan 5, 1938

The petitioners are qualified to file their petitions as provided by the statute. … The words used in the law are clearly unambiguous. Literally and ordinarily “full” means complete to -the utmost extent.