Case law

State v. Orlando

269 N.J. Super. 116 · New Jersey Superior Court Appellate Division · Dec 13, 1993

We are also satisfied, contrary to defendant's argument, that the record clearly and convincingly established that the victim's in-court identification of defendant was based on the victim's own observations at the time of … Here, defendant failed to establish that he requested the prosecutor to produce the transcripts of Selig's plea hearing.

Monmouth Medical Center v. State

158 N.J. Super. 241 · New Jersey Superior Court Appellate Division · Mar 27, 1978

The federal statute requires participating states to provide qualified individuals with financial assistance in five general categories of medical treatment (including inpatient *248 hospital services). 42 U.S.C.A. §§ 1396a … The federal concept of medical necessity is found most clearly defined in those cases dealing with Medicare legislation. *253 42 U.S.C.A. § 1395 et seq.

Carroll v. Cobb

139 N.J. Super. 439 · New Jersey Superior Court Appellate Division · Feb 23, 1976

think that that has been established satisfactorily to me. … All this was in violation of the legal principles approvingly expressed in this opinion and clearly called for broad judicial relief.

Red Bank Bd. of Ed. v. WARRINGTON

138 N.J. Super. 564 · New Jersey Superior Court Appellate Division · Jan 14, 1976

In the light of this strong qualifying statement and, absent further clarifying legislation, we are not prepared to construe the general provision in section 7 ( N.J.S.A. 34:13A-5.3) authorizing the parties to agree on grievance … The other (§ 4) adds to N.J.S.A. 34:13A-5.3 this sentence: * * * Notwithstanding any procedures for the resolution of disputes, controversies or grievances established by any other statute, grievance procedures established

Tellado v. Time-Life Books, Inc.

643 F. Supp. 904 · District Court, D. New Jersey · Sep 3, 1986

If, however, the portrayal functions primarily as a means of commercial exploitation, then such immunity will not be granted. … Another line of cases establishes that defendants use is not devoid of First Amendment protection simply because it is commercial speech. In Bigelow v.

Melody Faith Mazur, Etc. v. Crane's Mill Nursing Home

441 N.J. Super. 168 · New Jersey Superior Court Appellate Division · Jun 11, 2015

Shah and then asserts the LSM defendants were negligent for hiring him because they knew or should have known he was not qualified to fill the position for which he was hired. … Mehlman "is clearly an emergency medicine expert," and because Dr. Shah, the director of the facility, "is a practicing geriatric physician," Dr.

State v. Contursi

44 N.J. 422 · Supreme Court of New Jersey · May 4, 1965

the validity of an arrest and the consequent right to make an incidental warrantless search has a thoroughly established definition. … We take it that Chief Justice Marshall’s word ‘suspicion’ would be acceptable if qualified by ‘well grounded.’

Tormee Construction, Inc. v. Mercer County Improvement Authority

143 N.J. 143 · Supreme Court of New Jersey · Feb 6, 1996

It has been widely recognized and clearly established that where the experience of a public contracting agency confirms the risk that its project will be threatened by labor disputes, interrupted by strikes or delayed by … The public work is clearly substantial, needed and important.

JONES v. EZ PASS NJ/NY

District Court, D. New Jersey · Jun 22, 2023

Apr. 11, 2022) (“NJTA qualifies as an arm of the state and is therefore immune from suit under the Eleventh Amendment’). Such claims are, therefore, dismissed on Eleventh Amendment immunity grounds.’ See Blanciak v. … As such, Plaintiff fails to establish any basis on which the Court could infer fraudulent conduct by Defendants.

JONES v. EZ PASS NJ/NY

District Court, D. New Jersey · Jun 21, 2023

Apr. 11, 2022) (“NJTA qualifies as an arm of the state and is therefore immune from suit under the Eleventh Amendment”). Such claims are, therefore, dismissed on Eleventh Amendment immunity grounds.’ See Blanciak v. … As such, Plaintiff fails to establish any basis on which the Court could infer fraudulent conduct by Defendants.

Bunk v. Port Authority

279 N.J. Super. 613 · New Jersey Superior Court Appellate Division · Feb 22, 1995

. --, 115 S.Ct. 394 , 130 L.Ed.2d 245 (1994), in which its denial of Port Authority’s claim of Eleventh Amendment immunity from suit in the federal court required reexamination of the corporate structure of Port Authority … New Jersey has long since legislatively declared that PIPC employees working in this State and those paid from funds appropriated by or attributable to this State “shall be deemed to be employees of this State,” not only qualified

Mason v. Township of Cranbury

68 N.J.L. 149 · Supreme Court of New Jersey · Jun 9, 1902

, establish such fire department,” &e. … The purpose would have been somewhat more clearly shown had a comma been inserted after the words “light for public use,” in the latter amendment.'

Brady v. Board of Review

152 N.J. 197 · Supreme Court of New Jersey · Dec 22, 1997

“good cause” and thus were qualified for unemployment benefits. … Under the plan, qualified workers fell into two categories.

Poveromo-Spring v. Exxon Corp.

968 F. Supp. 219 · District Court, D. New Jersey · Jun 26, 1997

The former is recommended for dismissal pursuant to the Magistrate Judge’s finding that Spring is unable to allege facts which establish a link between his termination and his mother’s disability. … Infliction of Emotional Distress Claim Poveromo-Spring Poveromo-Spring alleges that Exxon Corporation intended to cause her severe emotional distress when it terminated her son’s employment and wrongfully disclosed her Acquired Immune

Kroeger v. Stahl

148 F. Supp. 403 · District Court, D. New Jersey · Jan 7, 1957

violates the equal protection clause of the Fourteenth Amendment ; that operation of the zoning ordinance amounts to an undue burden on interstate commerce; and that his claimed status as a “public utility” renders him immune … Nor is plaintiff engaged in an extension of an already established or even prospective communications “chain”, within the above-described context.

Rothman v. Rothman

65 N.J. 219 · Supreme Court of New Jersey · Jun 5, 1974

The husband was held to have acquired a vested right immune from the effect of such legislation. … the desired end. 6 The suggestion has been offered that in undertaking to effect an equitable distribution of marital assets, the trial court should, to establish a starting point, presumptively assign some proportion, generally

McClellan v. F. A. North Co.

14 N.J. Misc. 760 · Supreme Court of New Jersey · Oct 2, 1936

Therefore the question of damages, so far as it has not been settled by any judgment, is clearly open to litigation in the present action. … These facts are clearly sufficient to indicate that the plaintiffs are not entitled to recover the value of the piano. The plaintiffs must prove their actual damage.

State v. Jaquindo

138 N.J. Super. 62 · New Jersey Superior Court Appellate Division · Jun 12, 1975

There are many well qualified attorneys who are not affected by the disqualification which is the subject matter of this appeal. The orders of the Law Division under review are affirmed. MORGAN, J.A.D. … Clearly, with respect to such offenses, there can be no doubt but that any investigation in the prosecutor's office at the time Marra held office could not have been concerned with offenses not yet committed.

Leonides Velazquez v. City of Camden and Officer Alexis Ramos

447 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Sep 14, 2016

Only those errors "clearly capable of producing an unjust result," will result in a reversal of a jury verdict. R. 2:10-2. … Again, if he was qualified and called . . . as an expert witness, he'd be permitted to express opinions.

D.M.H. VS. H.G.H. (FM-09-2148-15, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 12, 2020

However, such "[p]roperty 'clearly qualifies for distribution' when it is 'attributable to the expenditure of effort by either spouse' during marriage." Pascale v. Pascale, 140 N.J. 583, 609 (1995). … "The A-4267-17T2 24 burden of establishing immunity rests upon the spouse asserting such immunity."