Case law

State v. Sharkey

204 N.J. Super. 192 · New Jersey Superior Court Appellate Division · Sep 11, 1985

The trial court refused to admit this exhibit on the ground that defendant had not laid a proper foundation qualifying the evidence under an exception to the hearsay rule. … A person to whom a statute clearly applies may not successfully challenge it for vagueness, Parker v.

JOHNSON-WIGGINS v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES/ANCORA PSYCHIATRIC HOSPITAL

District Court, D. New Jersey · Nov 15, 2022

Remarkably, Plaintiff’s counsel acknowledges that Ancora is immune from Plaintiff’s NJLAD claim. He nonetheless argues that I should not dismiss. … Ancora is immune from Plaintiff’s state law claim. Her Title VII claim is not viable: Plaintiff has not shown adverse action, causation, or pretext.

Borys v. Borys

76 N.J. 103 · Supreme Court of New Jersey · Apr 25, 1978

an integral part of a single nation, in which rights judicially established in any part are given nation-wide application. … R. 1366), it is clear that the State of the forum has at least as 'much leeway to disregard the judgment, to qualify it, or to depart from it as dods the State where it was rendered.

State v. Frost

242 N.J. Super. 601 · New Jersey Superior Court Appellate Division · Jul 16, 1990

The trial court ruled her clearly qualified to testify as an expert in the field based on her *617 educational background, her years of experience, the number of studies she had done, and the number of people she had counselled … Evid.R. 55 prohibits the introduction of other crimes or civil wrongs to prove a defendant's criminal disposition as a basis for establishing guilt of the crime charged, but expressly permits such evidence to be admitted

Singer Management Consultants, Inc. v. Milgram

608 F. Supp. 2d 607 · District Court, D. New Jersey · Apr 7, 2009

The December 29 Order Was Not Clearly Erroneous or Contrary to Law Plaintiffs argue that Judge Salas’s ruling in the December 29 Order was clearly erroneous or contrary to law and should be reversed. … The Court in Bell Atlantic abrogated the rule established in Conley v.

Falcone v. NJ Bell Tel. Co.

98 N.J. Super. 138 · New Jersey Superior Court Appellate Division · Nov 28, 1967

They endeavored to establish that plaintiff's trouble with his back was due to arthritis or, alternatively, that it resulted from a subsequent accident. While Dr. … An exception to this rule is recognized where the amount of the verdict clearly indicates a compromise, Kopec v.

Maas Waldstein Co. v. Walker

100 N.J. Eq. 224 · New Jersey Court of Chancery · Nov 27, 1926

I think it has been clearly established by the evidence that the formulae or processes of the complainant company used in connection with its manufacture of laquers, enamels, c., were secret formulae or processes. … We approve the principle thus established." In that case there was an express contract.

Di Bella v. Di Bella

372 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Apr 13, 2004

This Court, in the interest of judicial economy and because the issues clearly overlapped, consolidated the Family Court Complaint and the Probate Order to Show Cause. … The representative should be qualified to administer for the best interests of all concerned. There is a paucity of reported opinion in this state on the exact point.

Estate of G.E. v. Division of Medical Assistance & Health Services

271 N.J. Super. 229 · New Jersey Superior Court Appellate Division · Mar 2, 1994

The court subsequently entered a Qualified Domestic Relations Order (QDRO) to effectuate the direct pension payments to V.E. … This would encourage prospective Medicaid applicants with incomes exceeding the eligibility limit to incur substantial debts in order to establish eligibility, thereby circumventing the income limits established under the

United States v. Kushner

349 F. Supp. 2d 892 · District Court, D. New Jersey · Jan 12, 2005

As the Court shall discuss fully below, the public and media enjoy a qualified right of access to judicial records. … The second source, however, clearly involves substantive and subjective analysis on a case-by-case basis.

In Re Estate of Wehrhane

149 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Apr 1, 1977

The cases were consolidated and, after trial, it was determined by Judge Drewen, J.C.C. temporarily assigned, that the adopted son did not qualify as "issue" under the will of Cora T. … Super. at 216 ) clearly adhered to that rule requiring a further showing of equity to compel such reversal. The parallel between Cory and the instant case is manifest.

HOFFMAN v. WARREN COUNTY PROSECUTOR'S OFFICE

District Court, D. New Jersey · Nov 30, 2023

Michigan Dep’t of State In any event, Defendants have established here that they satisfy each of the Fitchik factors for sovereign immunity. As to the first factor, Mr. … “A prosecutor bears the ‘heavy burden’ of establishing absolute immunity,” and “a prosecutor must show that he or she was functioning as the state’s advocate when performing the action(s) in question.”

Schiavone Construction Co. v. Time Inc.

569 F. Supp. 614 · District Court, D. New Jersey · Aug 13, 1983

New Jersey has also enacted a statute granting a qualified privilege to newspaper reports of “official statements issued by police department heads and county prosecutors in investigations in progress or completed by them … A review of the full text of the letter, particularly in light of the complaint and plaintiffs brief in opposition to the motion to dismiss, clearly indicates that the “incompleteness” referred to in Schiavone’s letter is

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

Alford v. Somerset County Welfare Board

158 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Mar 21, 1978

(2) families who would be eligible for benefits provided under AFDC-U ( 42 U.S.C.A. § 607 , 45 C.F.R. § 248.1 (c) (3), N.J.S.A. 30:4D-3(f)(7), Public Assistance Manual (PAM) § 8541.2 (groups of individuals under 21 who qualify … group (3) above because each is under 21 and may be considered independent because each receives his or her own Social Security check to cover necessities in the amount of $47.50 a month, and because the amount so received clearly

Douglas v. Marino

684 F. Supp. 395 · District Court, D. New Jersey · Apr 27, 1988

It is well established that intentionally placing a prison inmate in fear for his life inflicts suffering so as to amount to unconstitutional punishment, if the threat of physical harm is made to discourage a prisoner from … Outrageous conduct or abuse of official power clearly rises to the level of a § 1983 claim. Davidson, 752 F.2d at 829. It is irrelevant that there may be, as there is here, a post-deprivation remedy in state court.

Schmidt v. New Jersey Department of Institutions & Agencies

147 N.J. Super. 150 · New Jersey Superior Court Appellate Division · Feb 8, 1977

Where the actual value cannot be established, monthly monetary values in Schedule VI, Section 335 c, shall be used. Appellant requested a fair hearing to appeal the reduction in benefits. … Section 431.1 of the Assistance Standards Handbook is clearly not applicable here.

State ex rel. J.A.

385 N.J. Super. 544 · New Jersey Superior Court Appellate Division · May 23, 2006

This was clearly the case here. … [used] to secure a volatile scene or establish the need for or provide medical care” are nontestimonial).

Borges v. Hamed

247 N.J. Super. 353 · New Jersey Superior Court Appellate Division · Mar 23, 1990

The Court held that this mixed use property qualified "as a residential or non-commercial property" for purposes of applying the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. In Hambright v. Yglesias, 200 N.J. … The Ordinance does not explicitly establish civil liability on the part of a property owner for failure to maintain his abutting sidewalk.

State Troopers Fraternal Assoc. of NJ, Inc. v. State

149 N.J. 38 · Supreme Court of New Jersey · Apr 24, 1997

The practice of the State Police since 1970 of making this type of retroactive pay adjustment certainly qualifies as sufficiently longstanding and consistent to be incorporated into the agreement. … Contractual interests clearly may qualify as vested rights. United States Trust Co. v. New Jersey, 431 U.S. 1 , 19 n. 16, 97 S.Ct. 1505 , 1516 n. 16, 52 L.Ed.2d 92 , 108 n. 16 (1977); Perry v.