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.

Brady v. Department of Personnel

149 N.J. 244 · Supreme Court of New Jersey · May 22, 1997

Candidates first take the written portion, which lasts for three hours, and those who exceed a particular score then qualify to take the oral portion, although scoring highly enough on the written part to proceed to the oral … After reviewing your responses in light of the guidelines and parameters established, we conclude that your assigned scores are accurate.

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

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.

In Re Petition of South Lakewood Water Co.

115 N.J. Super. 352 · New Jersey Superior Court Appellate Division · Jul 2, 1971

This act clearly establishes that municipal consent is a prerequisite to any extension of service by a water company to territory within its jurisdiction. … In effect, the PUC's decision that the laying of Lakewood Water's pipes in the roads should be allowed as "necessary and proper for the public convenience," was a finding that at the time Lakewood Water was better qualified

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

Eckert v. Rumsey Park Associates

294 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Sep 25, 1996

Stafford was qualified as an expert. What is in dispute is the sufficiency of the psychologist’s opinion with respect to causation. … This error was “clearly capable of producing an unjust result.” R. 2:10-2.

State v. McBride

213 N.J. Super. 255 · New Jersey Superior Court Appellate Division · Oct 21, 1986

Under this statute a defendant may qualify for representation by the Public Defender in certain types of cases, but not others. … Her testimony, buttressed by defendant's comments in the presence of third-parties who testified as to the May 20th incident, clearly established that defendant was the perpetrator of the May 10th attack.

Sunbeam Corp. v. Windsor-Fifth Avenue, Inc.

14 N.J. 222 · Supreme Court of New Jersey · Dec 21, 1953

The specific language used by the Legislature clearly expresses the legislative intent that no other clause in the contract may be resorted to in order to deprive the statutory clause of its full effect, at least insofar … The statute immunizes certain “fair trade” contracts, requires the provision relating to “close out” sales to be incorporated therein, and establishes the existence of substantive rights of action for violation thereof.

Borteck v. RIKER, DANZIG, SCHERER

179 N.J. 246 · Supreme Court of New Jersey · Apr 5, 2004

It is clearly a restrictive covenant, with substantial financial disincentives, cloaked as a retirement agreement. [Id, at 142-43, 734 A.2d 808 .] … Additionally, defendant contends, and plaintiff does not dispute, that by dovetailing the agreement with other retirement plans established under Internal Revenue Service rules, a qualifying partner can receive payments over

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.

CRISDON

District Court, D. New Jersey · Aug 6, 2026

and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or otherwise seeks relief from an immune defendant. … Moreover, even where § 1983 may qualify as an “expressly authorized” exception under Mitchum y. Foster, 407 U.S, 225, 242-43 (1972), federal couits remain subject to the equitable restraint imposed by Younger.

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.

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.”

State v. Oliver

92 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Aug 23, 1966

here presented required the trial court to honor the defendant's motion, as "essential to assure a fair determination of the issue[s]" of defendant's guilt of the charge on which he was being tried, within the exception to immunity … We take the view that defendant's position at trial was clearly right and that the weight of the best reasoned cases on the point support him.