Case law

Smith v. Burnet

35 N.J. Eq. 314 · Supreme Court of New Jersey · Mar 15, 1882

It was insisted that Oliver, the testator, had given this *318 stock to the executor, who was his son, and the establishment of the gift became the objective point of the testimony taken before the orphans court. … restriction upon the body of the act was modified so as to permit a party suing or being sued in a representative capacity to offer himself as a witness, and if he should do so, then the opposite party, by this act, became qualified

State v. Randazzo

92 N.J. Super. 579 · New Jersey Superior Court Appellate Division · Nov 18, 1966

R. 3:5-5, so that the presumption arose that it was duly constituted and qualified. It is conceded that the indictment was returned on September 9, 1964, which was within the legal period of its existence. … The portion of the opinion on which defendant relies was clearly obiter dictum, and there was not present in that case proof of the quality here shown that the witnesses had been sworn.

Ruvoldt v. Tumulty

107 N.J. Super. 545 · New Jersey Superior Court Appellate Division · Jun 19, 1969

In view of the broad statutory immunity granted to such witnesses by N.J.S.A. 19:34-60, it is argued that the only purpose of such an inquisition is harassment. … The subject matter of the investigation is clearly an election law violation within the ambit of the superintendent's investigative responsibilities.

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.

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

BRANDON CAMACHO VS. RIAZ MOTANI (L-5544-11, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Sep 25, 2017

process, violation of the CRA, and supervisor liability; and that defendants are not entitled to qualified immunity. … Qualified immunity "shields government officials from a suit for civil damages when 'their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Lanzet v. Greenberg

126 N.J. 168 · Supreme Court of New Jersey · Sep 4, 1991

The latter is a more flexible standard by which the court may set aside the verdict of the jury, if contrary to the weight of the evidence or clearly the product of mistake, passion, prejudice, or partiality. … If the facts were otherwise, there was a deviation and the jury was uniquely qualified to resolve the factual dispute.

Glen J. Heuman v. Wayne Heuman

New Jersey Superior Court Appellate Division · Dec 11, 2023

At bottom, plaintiffs fail to establish defendants' conduct qualified as an intentional wrong under the statute or the case law. … We are unconvinced the ostensible lack of coverage under defendants' CGL policy warrants an exception the WCA as established by the Legislature.

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.

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.

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.

Sheerr v. Evesham Tp.

184 N.J. Super. 11 · New Jersey Superior Court Appellate Division · Jan 22, 1982

It might be argued that the regulations were designed to prevent the loss of a water supply, the loss of the visual enhancement of the property and the loss of wild life, thus qualifying as legislation designed to prevent … They fall clearly within the rule of Morris Cty. Land , which held that restricting the use of land to open space was a taking. VIII.

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.

Curtiss Wright Corp. v. Wood-Ridge Borough

4 N.J. Tax 68 · New Jersey Tax Court · Jan 27, 1982

Clearly, it is only in its quasi-judicial capacity that it enters judgments and it is only “judgments” that will “freeze” assessments. … If a change in value occurs, the town is free to establish that fact and avoid the operation of the statute.

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.

Matter of Grand Jury Re Acceturo

242 N.J. Super. 281 · New Jersey Superior Court Appellate Division · Jun 27, 1990

It is well-established that "[t]he legal justification for commitment for civil contempt is to secure compliance. … We envision that in appropriate circumstances the court may, without a hearing, grant a motion by the State for summary dismissal of the contemnor's *290 petition where the petition is clearly without merit. Cf.

Kaufman v. I-Stat Corp.

165 N.J. 94 · Supreme Court of New Jersey · Jul 27, 2000

The Legislature balanced the plaintiffs advantage of not having to show reliance with the defendant’s advantage of being immune from liability to anyone out of privity. … No one piece of information survives clearly enough that the share price can be said to have passed it on clearly.

State of New Jersey v. Shannon A. McGuigan

New Jersey Superior Court Appellate Division · Apr 9, 2024

"Under that standard, an unchallenged error constitutes plain error if it was 'clearly capable of producing an unjust result.'" State v. Clark, 251 N.J. 266, 287 (2022) (quoting R. 2:10-2). … Given the application of the totality-of-the-circumstances test, which the Court reaffirmed in Sims, 250 N.J. at 217, we see no reason to establish a bright-line rule.

Clover Hill Swimming Club, Inc. v. Goldsboro

47 N.J. 25 · Supreme Court of New Jersey · Apr 4, 1966

Clearly not every establishment using the “club” label can be considered “distinctly private.” Self-serving declarations by the owner of an accommodation are not determinative of its character. In Fraser v. … The water front is staffed with fully qualified Red Cross Water Safety Instructors and Senior Lifesavers. Lifeguards are on duty at all times the waterfront is open.

In Re Quinlan

70 N.J. 10 · Supreme Court of New Jersey · Mar 31, 1976

Such notions as to the distribution of responsibility, heretofore generally entertained, should however neither impede this Court in deciding matters clearly justiciable nor preclude a re-examination by the Court as to underlying … We would hesitate, in this imperfect world, to propose as to physicians that type of immunity which from the early common law has surrounded judges and grand jurors, see, e. g., Grove v. Van Duyn, 44 N. J.