Case law

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.

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

Fidelity Union Trust Co. v. Heller

18 N.J. Super. 49 · New Jersey Superior Court Appellate Division · Feb 15, 1952

Heller is entitled to the net income received by the trustees between the date of the establishment of the trust and the date of his death. … Aigler, were appointed and qualified as administrators de bonis non with the will annexed of the estate of Arnaud G. Heller, deceased.

State v. Petrolia

37 N.J. Super. 326 · New Jersey Superior Court Appellate Division · Oct 17, 1955

The granting of such a motion is in the discretion of the court and his action will not be interfered with on appeal unless a mistaken exercise thereof clearly appears. State v. … The burden of establishing improper use of discretion rests on the appellant, and the record before us does not sustain the charge.

SCHLOSSER

District Court, D. New Jersey · Jul 30, 2026

Div. 2003)) (concluding that a product seller must establish “that it had no ‘significant responsibility’ for the alleged defect”). … Appx. 207, 210 (3d Cir. 2013) (fraudulent joinder when claim was clearly barred by Pennsylvania Workers’ Compensation Act); Roggio v. McElroy, Deutsch, Mulvaney & Carpenter LLP, 415 Fed.

General Electric Co. v. City of Passaic

28 N.J. 499 · Supreme Court of New Jersey · Dec 22, 1958

Thus the facts and circumstances in each case must clearly and convincingly establish the right to exemption within the statute granting exemption, otherwise the general rule is invoked which subjects `all property to a just … R.S. 54:4-3.20 makes no reference to a "public" warehouse: "All personal property stored in a warehouse" of one "engaged in the business of storing goods for hire" is rendered immune from taxation.

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.

Todd v. Northeastern Poultry, Etc., Inc.

9 N.J. Super. 348 · New Jersey Superior Court Appellate Division · Jun 8, 1950

The inquiry now passes to the effect in law of these established facts. … It was, thus, a radical departure from the usual and long-established routine of his work, and falls clearly within the category of a compensable accident. Franklin v. U.S. Bronze Powder Works, supra .

GUZMAN v. CITY OF NEWARK

District Court, D. New Jersey · Apr 7, 2022

A plaintiff must allege facts that “establish each individual [d]efendant’s liability for the misconduct alleged.” Id. … A plaintiff must also establish an agreement and the existence of an underlying wrong to establish a claim for civil conspiracy under New Jersey law. Banco Popular N.A. v. Gandi, 184 N.J. 161, 177-78 (2005).

Bergen County Sewer Authority v. Borough of Little Ferry

15 N.J. Super. 43 · New Jersey Superior Court Appellate Division · Aug 8, 1951

We believe the better rule to be that evidence of tax valuation is not admissible for the purpose of establishing fair market value in this type of cases. … is primarily in the discretion of the trial court, and its determination is not reviewable on appeal unless it is clearly shown to be erroneous in matter of law.

State v. McDavitt

62 N.J. 36 · Supreme Court of New Jersey · Dec 18, 1972

It must also appear that the examiner is qualified and the test administered in accordance with established polygraph techniques. The record before us shows that the foregoing requirements were substantially satisfied. … Finally, we conclude that the State established a prima facie case of defendant’s guilt. Prank McGinnis un *49 equivocally implicated defendant in the criminal endeavor.

Alfred H. Burr v. New Jersey Turnpike Authority

New Jersey Superior Court Appellate Division · Dec 16, 2024

A-2866-22 17 that clearly indicate[d] it retained the obligation to inspect, maintain[,] and repair the roadway." … The expert failed to establish causation.

Perez v. Cucci

725 F. Supp. 209 · District Court, D. New Jersey · May 2, 1989

How does a less qualified detective become a detective? How does a qualified detective wind up on patrol? How are promotions decided upon? Who works steady day tours with weekends off? … could not be ‘privileges and immunities.’

J.S. v. R.T.H.

155 N.J. 330 · Supreme Court of New Jersey · Jul 29, 1998

Betraying the trust this relationship established, the neighbor, an older man, sexually abused both girls for a period of more than a year. … 109 , 642 A.2d 372 (1994) (determining that it was appropriate to allow unmarried cohabitant to recover against defendant motorist under theory of bystander liability because she represented “an eminently foreseeable but clearly