Case law

Finderne Mgmt. Co., Inc. v. Barrett

355 N.J. Super. 170 · New Jersey Superior Court Appellate Division · Nov 20, 2002

As a result, the plaintiff employers have established single employer ERISA plans even though the EPIC Plan itself does not qualify as an ERISA plan. … As the Finderne plaintiffs state: "Although the EPIC Plan is clearly not an ERISA plan, it appears that Finderne established its own, single-employer ERISA plan by virtue of arranging to provide benefits to its employees.

LEWIS v. DIAZ-PETTI

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

immunity. … A reading of Plaintiff’s Complaint in toto clearly demonstrates these two objectives are exactly what he seeks to achieve.

Blessing v. T. Shriver and Co.

94 N.J. Super. 426 · New Jersey Superior Court Appellate Division · Apr 10, 1967

We think this case is clearly distinguishable from the worker supply agency cases represented by the Manpower decisions. … V Since defendant is not immunized from common law tort liability, we turn to the remaining points raised on appeal.

DOE v. PRINCETON UNIVERSITY

District Court, D. New Jersey · Dec 16, 2020

“[A]n entity qualifies for charitable immunity when it . . . was promoting [religious, charitable, or educational] objectives and [for non-profit] purposes at the time of the injury to plaintiff who was then a beneficiary … Princeton or its employees as qualified entities under the NJCIA” is misplaced.

Ran-Dav's County Kosher, Inc. v. State

129 N.J. 141 · Supreme Court of New Jersey · Jul 22, 1992

The Attorney General concedes that it is neither realistic nor accurate to view the laws of kashrut as being immune from dispute. … In addition, as earlier noted, the Chief of the Bureau of Kosher Enforcement and the entire Advisory Committee are rabbis, individuals qualified under Judaic law to interpret the laws of kashrut.

Haven Homes, Inc. v. Raritan Township

19 N.J. 239 · Supreme Court of New Jersey · Jun 27, 1955

It is said that intention is manifested by acts and the “filing of a map with streets, but not water mains, cannot establish a dedication of water mains.” … In an early case in this State, Chancellor Zabriskie declared that “laying out land in lots and streets clearly marked as such, and selling lots bounded on such streets without any qualification, must, both upon principle

Stanley E. Williams v. Borough of Clayton

442 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Oct 16, 2015

The UDJA provides a well-established mechanism for resolving an actual legal dispute that arises between adversarial parties. … He clearly did so to assure that the Borough itself would not pursue an appointment process based upon an incorrect conception of the applicable statutes and their appoint-from-within eligibility

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

Ford Motor Co. v. Edgewood Properties, Inc.

257 F.R.D. 418 · District Court, D. New Jersey · May 19, 2009

Work product enjoys qualified immunity from discovery. … The fact that counsel prepared the affidavits, the court held, did not make them immune from disclosure.

Communications Workers of America AFL-CIO v. Clymer

292 N.J. Super. 138 · New Jersey Superior Court Appellate Division · Feb 7, 1996

An individual may practice psychology without a license only if he or she qualifies under one of the exemptions found at N.J.SA 45:14B-6. … Clark, 15 N.J. 334, 341 , 104 A.2d 685 (1954) (citations omitted) (“the principle is well established by a wealth of authority that resort may be had to long usage, contemporaneous construction and practical interpretation

ROJAS

District Court, D. New Jersey · Mar 16, 2026

May 19, 2023) (in such scenarios, “district court must require ‘less of a factual showing than would be required to succeed at trial’ to establish jurisdiction” (quoting CNA, 535 F.3d at 145)). … There are exceptions to the FTCA’s immunity waiver. One of these is the independent- contractor exception, which derives from 28 U.S.C. § 2671.

Abbott Ex Rel. Abbott v. Burke

170 N.J. 537 · Supreme Court of New Jersey · Feb 21, 2002

Clearly, much remains to be done. Nonetheless, we sharply disagree with our dissenting colleague regarding the progress made in the development and implementation of the Abbott preschool programs. … Additional funding, when appropriate for community providers, will help them to retain qualified teachers, but it will not increase the pool of qualified teachers. 7 D. The Role of Assessment!

Harris v. BOARD OF TRUSTEES OF PERS.

378 N.J. Super. 459 · New Jersey Superior Court Appellate Division · Jun 22, 2005

They are established and maintained to induce qualified persons to enter and continue in public employment and they represent compensation for services previously rendered. Steinmann v. … The evidence before the ALJ clearly established that the decedent was diagnosed with terminal cancer during the thirty-day period and that she was deprived of the benefit of the full time to make the desired changes to her

MCGILLVARY v. SCUTARI

District Court, D. New Jersey · Mar 11, 2025

These acts are clearly judicial in nature and were not taken in the complete absence of all jurisdiction. See, e.g., Azubuko, 443 F.3d at 303 (dismissing appeal under 28 U.S.C. … However, the factual averments set forth in the first Amended Complaint fail to establish valid Bivens claims under existing law.

State v. Wishnatsky

258 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Jun 29, 1990

She could clearly see defendant through the windows. … N.J.S.A. 2C:l-4 clearly sets forth that: a.

Fairview Cemetery Co. v. Kingsley

106 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Jun 10, 1969

Obviously, it does not qualify under any of the other specified categories. Fairview Cemetery Company has operated the cemetery in Fairview for about 67 years. … This clearly indicates that “charitable institutions,” as such, are not deemed to include “cemetery companies.”

Kansel v. U.C.C. of N.J.

135 N.J.L. 245 · Supreme Court of New Jersey · Feb 25, 1947

Kansel has been the owner and operator of a printing establishment at 249 West Kinney Street, Newark, since January 1st, 1942. … And the terms `part of' and `usual trade,' occupation, profession, or business qualify the precedent phase `for any employment,' and together they express the quality of the relationship.

Township of Springfield v. Union County Park Commission

163 N.J. Super. 332 · New Jersey Superior Court Appellate Division · Oct 11, 1978

[It. 1971, c. 370, § 2] Defendant Commission contends that the above statutes are not applicable, that it is not liable for taxes under the same and that it is immune from liability under the terms of N. J. 8. … Although the establishment of park commissions is expressly authorized by the Legislature under N. J. S.

In Re Telfair

745 F. Supp. 2d 536 · District Court, D. New Jersey · Oct 15, 2010

Specifically, he dismissed Telfair’s claims against Bergrin (for failure to meet the color-of-law requirement), see id. at 21, as well as Telfair’s claims against prosecutors (on the grounds of prosecutorial immunity), see … qualify as emergent. 48 .

State v. Brown

138 N.J. 481 · Supreme Court of New Jersey · Dec 21, 1994

Although the incorporation of defense counsel’s questions into those asked by the court can help secure an adequately qualified jury, the mere fact that defense counsel asked questions does not establish the adequacy of voir … The defendant was found guilty by an inadequately death-qualified jury — indeed, a jury that defense counsel declined to death-qualify at all, allegedly pursuing a “strategy” of avoiding any reference to the death penalty