Case law

Plan for Abolition of Council

424 N.J. Super. 410 · New Jersey Superior Court Appellate Division · Mar 8, 2012

All members shall serve until their respective successors are appointed and shall have qualified. … N.J.S.A. 52:27D-305b also provided that members would serve six-year terms, with staggered starting dates, and would carry over until successors were appointed and qualified.

State v. Fisher

395 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Aug 14, 2007

"The Court will invalidate a statute only if it is clearly repugnant to the Constitution." Gen. Motors Corp., supra, 150 N.J. at 532 , 696 A. 2d 683 . … Nor is there a need to grant use or derivative-use immunity from prosecution.

Marenbach v. City of Margate

942 F. Supp. 2d 488 · District Court, D. New Jersey · Apr 29, 2013

It reiterated that Ventnor *492 Avenue is a County road, and refuted the contention of plaintiffs Pennsylvania attorney that the street is not clearly marked as such. … Plaintiffs also contend that a jury must decide whether Margate had constructive knowledge of the dangerous condition. 1 Considering the “guiding principle” that “immunity from tort liability is the general rule and liability

Wilson v. Faull

45 N.J. Super. 555 · New Jersey Superior Court Appellate Division · Jun 28, 1957

Even when the subcontractor agrees to assume the compensation liability, the contractor is secondarily liable and his common law immunity continues. Capozolli v. … It is by now clearly established by decisions of the United States Supreme Court that in a workmen's compensation situation either the state where the contract of employment was made, Alaska Packers Association v.

LINTON

District Court, D. New Jersey · Dec 31, 2025

Feeney, 495 U.S. 299, 304 (1990) (“This Court has drawn upon principles of sovereign immunity to construe the [Eleventh] Amendment to establish that an unconsenting State is immune from suits brought in federal courts by … Apr. 10, 2023) (dismissing pro se plaintiff’s complaint against the NJOAG because “it is well established” that the NJOAG is “entitled to Eleventh Amendment immunity” as a subunit of the State of New Jersey); Polanco v.

DeNike v. Bd. of Trustees, Employees Ret. System of NJ

34 N.J. 430 · Supreme Court of New Jersey · Apr 10, 1961

Subject to the qualifying comments which here follow, the judgment is affirmed for the reasons expressed in the comprehensive opinion of the Appellate Division, DeNike v. … Clearly, plaintiff was led to believe that the “informal hearing” was not a final adjudication.

Mandel v. UBS/PaineWebber, Inc.

373 N.J. Super. 55 · New Jersey Superior Court Appellate Division · Nov 12, 2004

Here, plaintiffs contend that they established a prima facie case because they were qualified for their positions and they are Jewish. … Erickson clearly states that this kind of situation does not create a claim for sexual harassment. [ Drinkwater v. Union Carbide Corp., 904 F. 2d 853, 862 (3d Cir.1990).]

Dwyer v. Kuchler

116 N.J. Eq. 426 · New Jersey Court of Chancery · Jun 19, 1934

The rule is well established that a condition which puts a premium on the separation of husband and wife and is intended to cause or continue such a separation, is void as against public policy. Brizendine v. … Two cases have upheld conditions attached to legacies, although clearly intended to interfere with the marital relationship. In Cowley v. Twombly, 173 Mass. 393 ; 53 N.E.

Miller v. American Family Pub.

284 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Mar 1, 1995

Proof that a defendant's action contravenes any one of those standards will establish a violation of the Act — regardless of any proof of intent. … In doing so, it discussed at some length the meaning of the term "ascertainable loss" setting out a rule which would clearly qualify plaintiffs' claims here as involving "ascertainable loss": Whenever a consumer has received

State v. Silverstein

76 N.J. Super. 536 · New Jersey Superior Court Appellate Division · Oct 29, 1962

"Such judicial discretion cannot be arbitrary, vague or fanciful but rather must be governed by and in accord with established principles of law." State v. Bunk, 4 N.J. 482, 485 (1950); State v. … This provision is mandatory, and no bond is to be approved unless the surety appears to be qualified in accordance with his affidavit of justification.

Mourning v. Correctional Medical Services

300 N.J. Super. 213 · New Jersey Superior Court Appellate Division · Apr 25, 1997

They are clearly *233 remedial and do not constitute ex post facto punishment.” … Health care service requests are made through established institutional procedures.

Lilly v. Allstate Ins. Co.

218 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Jun 17, 1987

Producers have the authority to issue binders to qualified applicants. N.J.S.A. 17:30E-9a. Upon receipt of a premium, a servicing carrier must issue an insurance policy to a qualified applicant. N.J.S.A. 17:30E-9b. … Producers who are not exclusive representatives of a company which is a servicing carrier or who have not otherwise established a contractual relationship with a servicing carrier pursuant to this section, shall be assigned

Doe v. St. Michael's Med. Center, Newark

184 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 11, 1982

However, the dual capacity doctrine has not met with wide approval, even when the employer clearly has independent obligations arising from his status as owner. … Recovery was denied because of the "important legislative policy immunizing an employer from common law liability." Id. at 52 . See, also, Jackson v. New Jersey Mfrs. Ins. Co., 166 N.J.

Stanford Enterprises v. City of East Orange

1 N.J. Tax 317 · New Jersey Tax Court · May 22, 1980

Bamberger & Co. case, in view of the proximity of the sale date to the assessment date, when one considers the normal contractual arrangements preceding an actual sale, the sale could have been clearly relevant under the … Recognizing that the subsequent sale was made under economic compulsion,. the Court held that such factor could readily have been given suitable qualifying weight without affecting the substantial probative utility of the

United States v. Supermarine, Inc.

345 F. Supp. 1305 · District Court, D. New Jersey · Jun 14, 1972

In the absence of a specific statute establishing a priority in regard to a federal lien the court must apply the principles of the common law. … Clearly, this had to occur after the transfer of the property from the United States to Supermarine.

Metsopulos v. Runyon

918 F. Supp. 851 · District Court, D. New Jersey · Mar 13, 1996

But a forgiving interpretation does not render immune from dismissal or summary judgment claims that lack procedural or factual viability. … To make out a prima facie case of retaliation, Metsopulos must establish that: 1) he was qualified for the position; 2) he engaged in a statutorily protected activity; 3) the employer took an adverse personnel action; and

Rocappi, Inc. v. Taxation Division Director

3 N.J. Tax 311 · New Jersey Tax Court · Aug 31, 1981

The holding of the majority in the Hoeganaes case clearly controls the present case. … Section 381 was designed to define clearly a lower limit for the exercise of that power.

Marcus Sanchez, Etc. v. Public Service Enterprise Group Inc.

New Jersey Superior Court Appellate Division · Jun 19, 2025

Even if the streetlight was functioning at the time of the accident, the overgrown tree branches clearly show reduced illumination levels at the street level where the accident occurred … A-1189-23 27 liability [by] hiding behind the Tariff," because, under the common law, the Supreme Court abrogated a water company's immunity in Weinberg v.

In Re the State for the Forfeiture of Personal Weapons & Firearms Identification Card Belonging to F.M.

225 N.J. 487 · Supreme Court of New Jersey · Jun 30, 2016

Crespo, 201 N.J. 207, 210 (2010) (“[T]he right to possess firearms clearly may be subject to reasonable limitations.”). … Indeed, the panel only found that the evidence was not sufficient to establish that G.M. was guilty of harassment in August 2010.

HARRIELL v. CUZZUPE

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

immunity applies. … qualified immunity shield an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law.”) 2 The standard for stating a Fourteenth Amendment failure