Case law

State v. Ramseur

197 N.J. Super. 565 · New Jersey Superior Court Appellate Division · Aug 2, 1984

THE JUROR SOURCE LIST AND QUALIFIED POOL A. … To establish the existence of a "distinctive" or "cognizable" group, it is necessary to prove the following: (1) The presence of some quality or attribute which `defines and limits' the group; (2) a cohesiveness of `attitudes

State v. Snyder

190 N.J. Super. 626 · New Jersey Superior Court Appellate Division · May 4, 1983

The outline of the metal trigger clearly appeared as a purple line on the officer's index finger. Because of the wooden grips there was no mark on his palm. … Forensic Science, Vol. 3, § 38.08 (1981). [9] Detective Shackoor was clearly qualified as an expert witness by virtue of his training and experience in the use of the TMDT.

Geller v. Department of the Treasury

53 N.J. 591 · Supreme Court of New Jersey · May 5, 1969

In our view her letter of November 18 clearly authorized “contribution deductions at the legal rate due” in her case. … The questions thereafter posed in the letter did not qualify nor reveal an intention to qualify the authorization.

Hackensack Meadowlands Devel. Comm'n v. Mun. Landfill Auth.

127 N.J. Super. 160 · New Jersey Superior Court Appellate Division · Feb 13, 1974

Since one can reasonably and readily conceive of facts which would support the Legislature's findings and the Commissioner's regulations, the onus is on defendant to establish that the Legislature's and Commissioner's actions … Further, the regulations and statute in question are clearly within the authority of the State's police power to conserve its landfill sites.

Equal Employment Opportunity Commission v. Westinghouse Electric Corp.

646 F. Supp. 555 · District Court, D. New Jersey · Oct 29, 1986

Employees with more than thirty years of Westinghouse service may qualify for “selected retirement.” … The record suggests, but does not clearly establish, however, that the employees were counselled that they would be eligible only for early retirement, and not for LIB benefits.

Enright v. Oliver & Burr

69 N.J.L. 357 · Supreme Court of New Jersey · Jun 15, 1903

This principle is clearly laid down by the Supreme Court in Maher v. McGrath, 29 Id. 469, and in this court in Olsen v. Nixon, 32 Id. 671. … The principle involved in the proposition is so well established that the citation of authorities will.be unnecessary.

Reynolds v. Palnut Co.

330 N.J. Super. 162 · New Jersey Superior Court Appellate Division · Apr 19, 2000

We find that plaintiff established a prima facie case of discriminatory discharge. He was an older worker, qualifying as a number of a protected class. See Greenberg v. … Camden County Vocational & Technical Schs., 310 N.J.Super. 189, 201 , 708 A. 2d 460 (1998) (holding that a forty-eight year old plaintiff was "clearly a member of a protected class").

<font color="red">DO NOT FILE IN THIS CASE</font> TRANSFERRED TO CAMDEN - NEW CIVIL ACTION NO. 1:23-cv-603

District Court, D. New Jersey · Jan 22, 2024

Statements that accurately report or summarize the contents of a lawsuit enjoy a qualified immunity that can only be overcome by proof of malice. Arista Records, Inc. v. … In Salzano, for another, the New Jersey Supreme Court held that a newspaper story accurately reporting that a lawsuit had been filed, and summarizing the lawsuit’s allegations, was protected by qualified immunity because

Malavasi v. Villavecchia

62 N.J. Super. 510 · New Jersey Superior Court Appellate Division · Jul 22, 1960

The federal rule is clearly enunciated in International Shoe Co. v. State of Washington, 326 U.S. 310 , 66 S.Ct. 154 , 90 L.Ed. 95 , 161 A.L.R. 1057 (1945); McGee v. International Life Ins. … A single event will suffice if its *519 effects within the state are substantial enough to qualify under Rule Three. (2) The cause of action must be one which arises out of, or results from, the activities of the defendant

East Ridgelawn Cemetery v. Winne

11 N.J. 459 · Supreme Court of New Jersey · Feb 16, 1953

Frank, the promoter and first president of East Ridge-lawn, clearly dominated the cemetery association at inception; he was a fiduciary and as such was subject to recognized trust responsibilities in his dealings with the … As Vice Chancellor Stevens pointed out in the Frank case, the statute conferred “immunity from taxation and levy, coupled with the power of eminent domain,” and it was evident , that this was not done to enable operation

BTD-1996, NPC 1 L.L.C. v. 350 Warren L.P.

333 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Aug 3, 2000

In nay view, N.J.S.A 22A:4-8 is immune from attack, even though the charges are labeled a tax, rather than a fee or assessment, since the charges are imposed by the Legislature, rather than a municipality. … Anyone challenging the constitutionality of a statute bears the burden of establishing its unconstitutionality. State v. One 1990 Honda Accord, supra, 154 N.J. at 377 , 712 A.2d 1148 ; Newark Superior Officers Ass’n v.

Des Champs Laboratories, Inc. v. Martin

427 N.J. Super. 84 · New Jersey Superior Court Appellate Division · Jul 6, 2012

In its letter memorializing that denial, the Department stressed “the overlying presumption that an industrial establishment, without regard to fault, should not qualify for a [DQE] when contamination is known to exist at … “[U]nless such regulations are ‘clearly [ultra vires] on their face,’ the party contesting them has the burden of proving their invalidity.” N.J. Guild of Hearing Aid Dispensers v.

Wiramal Corp. v. Director of Division of Taxation

36 N.J. 201 · Supreme Court of New Jersey · Nov 20, 1961

The parties entered into a written stipulation of facts which clearly established that petitioner qualified as an investment company except for its ownership of 30% of the outstanding stock of Salt Creek Development Corporation … The evidence adduced by petitioner itself conclusively established that petitioner was the owner of the Salt Creek stock.

In Re Romaine

113 N.J. Eq. 477 · New Jersey Superior Court Appellate Division · Jul 27, 1933

Chester Massinger and Grace Baily, the executors named in said instrument, upon their qualifying as such executors. Said instrument was probated in what is denominated common form. … Eq. 439 , and was declared by him to be the established law of this state, and the vice-ordinary cited (at p. 448 ) Rusling v. Rusling, 36 N.J.

NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION VS. JOSEPH DIVINCENZO AND JORGE MARTINEZ(ELECTION LAW ENFORCEMENT COMMISSION)

451 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Sep 8, 2017

Clearly, such a decision must be subject to the agency's review if it is not to encroach upon the agency's ultimate decisional authority. … Because "judicial review of administrative agency determinations has the support of a special constitutional provision," it is "largely immunize[d] from

In Re the Guardianship of J.C.

129 N.J. 1 · Supreme Court of New Jersey · Jun 30, 1992

The law clearly favors keeping children with their natural parents and resolv *8 ing care and custody problems within the family. … The standards for terminating parental rights established by the Legislature and this Court are fully consistent with constitutional doctrine.

REDO v. THE STATE OF NEW JERSEY

District Court, D. New Jersey · Mar 4, 2024

State Defendants State sovereign immunity, however, “comprises more than just immunity from suit in federal court. It also includes a State's immunity from liability.” Lombardo, 540 F.3d at 195. … Thus, the VMHs are clearly sub-departments of the State that are not “persons” amenable to suit under §1983.

BUNTING v. NEW JERSEY OFFICE OF THE STATE COMPTROLLER

District Court, D. New Jersey · Sep 20, 2019

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to the … Here, OSC, DMAHS, and MFD are immune from suit under the Eleventh Amendment because they are New Jersey state agencies established by the executive branch. See e.g., Ong v.

State v. Long

119 N.J. 439 · Supreme Court of New Jersey · Jun 21, 1990

The court found this juror qualified. … United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) (nondisclosure of immunity agreement, affecting witness’s credibility, violated due process).

Milne v. Goldenberg

428 N.J. Super. 184 · New Jersey Superior Court Appellate Division · Sep 12, 2012

The trial judge found Schofel’s credentials were impressive and she was well-qualified to fulfill the GAL appointment. … However, any Family Part judge ordering the appointment of a PC must comply with the Supreme Court’s established Guidelines.