Case law

State v. Kinney Bldg. Drug Stores, Inc.

56 N.J. Super. 37 · New Jersey Superior Court Appellate Division · May 11, 1959

. * * * No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of … The crime, and the elements, constituting it, must be so clearly expressed that the ordinary person can intelligently choose, in advance, what course it is lawful for him to pursue.

Loigman v. Township Committee

409 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Aug 5, 2009

N.J.S.A. 40A:11-5(1)(a)(i). *1004 There is no dispute that the legal services implicated here qualify as professional services within the meaning of this law. … However, regardless of the method by which counsel is compensated, the duties for which the compensation is to be paid must be clearly defined and separated.

Holder v. Polanski

111 N.J. 344 · Supreme Court of New Jersey · Aug 9, 1988

Nor had she established that it was in the best interests of the children to be away from Polanski. … This clearly was a sufficient explanation to justify her move to Connecticut. The modification precipitates a further adjustment of the Cooper formula.

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.

State v. Farinich

179 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 31, 1981

In light thereof we said that it "would be incongruous under such circumstances to hold that his fundamental right to be immune from an unlawful search or seizure was infringed." Id. at 401 . United States v. … There is a presumption, of course, against the waiver of constitutional rights, and for it to be effective "there must be clearly established that there was `an intentional relinquishment or abandonment of a known right or

Rolax v. Whitman

175 F. Supp. 2d 720 · District Court, D. New Jersey · Nov 1, 2001

Rolax’s plaintive pleas to circumvent the clearly established fictitious defendant pleading procedures are unavailing. … To recover under 42 U.S.C. § 1983 , Rolax was required to establish that “a state actor engaged in conduct that deprived him of ‘rights, privileges, or immunities’ secured by the constitution [sic] or laws of the United States

New Jersey Guild of Hearing Aid Dispensers v. Long

75 N.J. 544 · Supreme Court of New Jersey · Mar 9, 1978

such regulations are “clearly ultra vires on their face,” the party contesting them has the burden of proving their invalidity. … C. 13:35-8.24(k) (4) would qualify for the state-action exemption from the federal antitrust laws. C.

Gronquist v. Transit Casualty Company

105 N.J. Super. 363 · New Jersey Superior Court Appellate Division · Apr 16, 1969

The court said: "In stating that the defendant would be responsible under the omnibus clause of the policy for the negligent act or acts of the passenger, Don Bolton, which might be established on the trial of the case as … Ct. 1964) (grocery store *368 employee who closed car door on customer's fingers was making too remote a "use" of the vehicle to qualify as an additional insured), and Buckeye Union Cas. Co. v. Ill. Nat. Ins.

JOHN BOVERY VS. MONMOUTH COUNTY PROSECUTOR'S OFFICE (L-1095-18, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Sep 16, 2020

charge, following federal precedent established under 42 U.S.C. § 1983. … The court's qualified immunity analysis under the Tort Claims Act is also sound.

Dunn v. Praiss

139 N.J. 564 · Supreme Court of New Jersey · Apr 18, 1995

Although it grants immunity to certain HMO employees, the HMO Act does not confer immunity from medical mal *569 practice lawsuits on the HMO itself. Robbins v. … It offers more than health insurance alone * * *. * * * * * * * * Plan members receive health care from a large number of well qualified, highly trained physicians.

Poust v. Huntleigh Healthcare

998 F. Supp. 478 · District Court, D. New Jersey · Mar 30, 1998

As a preliminary matter, a proponent of expert testimony must establish his expert is qualified and his testimony is admissible by a preponderance of the evidence. Daubert v. … Because our role as “gatekeeper” is clearly implicated here, we will now scruti *494 nize the basis for Benowitz’s conclusions.

Mastro v. RETIREMENT SYSTEM

266 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Jul 23, 1993

While employed by the Tewksbury Township Planning Board from January 1, 1973 to January 1, 1987, appellant was paid solely on a vouchered basis, but effective January 1, 1987, he received a pension-qualified salary and also … For good cause shown, upon certification by the director and the agency head, the time limits established herein may be subject to extension.

GOFAN JUNIOR v. PEREKSTA

District Court, D. New Jersey · Nov 18, 2022

[The Court found Defendant Elmer was entitled to qualified immunity on Plaintiffs false arrest claim but found Defendant Elmer had not shown that he was entitled to qualified … The Court found Defendant was not entitled to summary judgment based on qualified immunity on Plaintiff's excessive force claim. (/d. at 9-17.)

Richardson v. Kulp

81 N.J.L. 123 · Supreme Court of New Jersey · Feb 27, 1911

The present case is not one where the promise to pay is appealed to as presumptive evidence of due notice, because the want of due notice is clearly established, but is put upon the ground that the promise amounts to a waiver … S. 497 , it was held “a party to a note entitled to notice may waive it by a promise to see it paid, or an acknowledgment that it must be paid, or a promise that he will set the matter to rights, or by a qualified promise

ROMANIELLO

District Court, D. New Jersey · Mar 4, 2026

Plaintiff also argues that equitable tolling should apply to extend the two-year statute of limitations for his false arrest claim, and that a jury, not the court, must determine whether qualified immunity applies. … To establish a § 1983 municipal liability claim, a plaintiff “must demonstrate 8 Because Plaintiff’s claims for false arrest and malicious prosecution have been dismissed, the Court need not address the parties’ qualified

Artulde Point Du Jour v. Township of Union

New Jersey Superior Court Appellate Division · Apr 24, 2026

Citing an unpublished opinion, plaintiff also claims the Township's failure to establish a policy preventing the discrimination of mentally ill individuals was a "fatal flaw" to its immunity argument. … Because the Township defendants' conduct was in accordance with the civil commitment statute, their actions cannot qualify as "outrageous." See Leang, 198 N.J. at 587.

In Re Adoption of Uniform Housing Affordability Controls

390 N.J. Super. 89 · New Jersey Superior Court Appellate Division · Jan 25, 2007

Tax Credit Qualified Allocation Plan, 369 N.J.Super. 2, 40 , 848 A. 2d 1 (App.Div.), certif. denied, 182 N.J. 141 , 861 A. 2d 846 (2004). … Given this purpose, and the broad exercise of judgment to which the agency is entitled, we cannot conclude that the agency clearly erred.

In Re Farrell

212 N.J. Super. 294 · New Jersey Superior Court Appellate Division · Jun 23, 1986

Farrell clearly fits the legal definition of competency, both in a general sense and regarding whether she is competent to make a decision to decline life-sustaining treatment. … The Conroy Court qualifies these rights, however, by explaining that "the right to decline life-sustaining medical treatment is not absolute ...

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

Berry v. Chamberlain

53 N.J.L. 463 · Supreme Court of New Jersey · Jun 15, 1891

Looking into these several provisions of the act, it becomes clearly manifest that the course of proceeding here delineated constitutes, with respect to every essential,'relating either, to form or substance, a trial at law … In several of the states there are statutes having this narrow and abortive operation, but such bear but a. .slight analogy to the act under consideration, with respect ■either to the procedure established or the design of