Case law

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.

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.

Hayes v. Waverly & Passaic Railroad

51 N.J. Eq. 345 · New Jersey Court of Chancery · May 15, 1893

The principle upon which jurisdiction in such cases is assumed clearly appears in the following extract from the opinion of Lord Cottenham, in Tulk v. … Be this, however, as it may, the rule is established beyond question by this court, at this time. But the rule is not to be carried beyond the limits of strictly incidental damages.

Bedell v. Saint Joseph's Carpenter Society

367 N.J. Super. 515 · New Jersey Superior Court Appellate Division · Mar 19, 2004

And it is clearly designed for a different purpose than a street. … The bowling establishment was separated from the parkway by a public sidewalk opposite entrance to the building.

Bung's Bar & Grille, Inc. v. TP. COUNCIL OF FLORENCE

206 N.J. Super. 432 · New Jersey Superior Court Appellate Division · Mar 20, 1985

At most, the cases simply established a presumption that the test is satisfied by state legislative action which is not clearly arbitrary. New Jersey does not recognize the presumption. … The constitutional claims are clearly substantial.

State v. Court of Common Pleas of Morris

36 N.J.L. 72 · Supreme Court of New Jersey · Nov 15, 1872

The provisions of the act (Laws, 1871, p. 1470,) are substantially that it should be lawful for the persons qualified to vote at the next annual town meeting, to determine by ballot whether thereafter license to sell spirituous … This species of property is clearly within the same rule, which permits the corporate body under legislative sanction to determine for itself whether gunpowder or nitro glycerine may be manufactured or stored within its limits

DiVigenze v. Chrysler Corp.

345 N.J. Super. 314 · New Jersey Superior Court Appellate Division · Nov 21, 2001

Those forums are: (1) an informal dispute resolution procedure established by the manufacturer, N.J.S.A. 56:12-36; (2) a summary dispute resolution procedure established within the Division, N.J.S.A. 56:12-37, in what is … A trial court's ruling on a motion for a new trial alleging a jury verdict to be against the weight of the evidence "shall not be reversed unless it clearly appears that there was a miscarriage of justice under the law."

Estate of Lagano v. Bergen Cnty. Prosecutor's Office

454 N.J. Super. 59 · New Jersey Superior Court Appellate Division · Mar 20, 2018

The federal district court dismissed the Estate's claims on the grounds that the defendants were acting on behalf of the State, that the BCPO had sovereign immunity, that Mordaga had qualified immunity, and that count three … "When that language ' "clearly reveals the meaning of the statute, the court's sole function is to enforce the statute in accordance with those terms." ' " Olivero , 221 N.J. at 639 , 115 A.3d 1270 (citations omitted).

Bower v. Bd. of Educ. of East Orange

149 N.J. 416 · Supreme Court of New Jersey · Jun 10, 1997

In addressing the second prong of the indemnification test, the court noted that although the criminal acts were obviously beyond Power’s prescribed duties, that did not immunize the board from statutory liability. 124 N.J.Super … Nor is it established or conceded that Bower ever entered the bathroom when students were present.

Toussaint v. Sanchez

District Court, D. New Jersey · Jun 15, 2022

Plaintiff has not clearly alleged the infringement of any of those rights. Plaintiff merely asserts that he “never had a hearing[.]” D.E. 1 at 6. … Plaintiff also invokes the Privileges and Immunities Clause, which provides that “[t]he Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” U.S. Const. art.

ABDUL-AHAD v. ESSEX COUNTY SHERIFF DEPARTMENT

District Court, D. New Jersey · Sep 7, 2021

immunity. … As a result, the Court will not address the issue of qualified immunity at this time.

SARBOUKH v. MURPHY

District Court, D. New Jersey · Aug 23, 2023

Here, although Plaintiff notes that he is in a wheelchair, he does not allege facts directly regarding his injuries sufficient to permit the inference that he has a qualifying disability. … Plaintiff does not clearly identify his medical issues but does suggest that he has a medically ordered wheelchair.

Kansel v. Unemployment Compensation Commission

136 N.J.L. 614 · Supreme Court of New Jersey · Feb 19, 1948

Prom the statutory provision that employing units which employ less than eight men are not subject to assessment unless they assume certain relations with concerns employing that number or more we clearly have it that the … It is as important to save to the exempt organizations the immunization given by the statute as it is to bring in all employing units'which are legally liable.

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.

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

MANENTE v. United States

District Court, D. New Jersey · Jan 13, 2025

Regardless of how Plaintiff phrases his claims, one of his clearly stated prayers for relief is to “recover moneys wrongfully withheld by the Commissioner of Internal Revenue” pursuant to 26 U.S.C. § 7422 or 7426. … Although Plaintiff has paid a portion of his approximate $17,000 tax assessments, Flora established a “full- payment rule” that has been “extended to apply to a full unpaid liability including interest fines and not just

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.

XI-HERU v. GLUCK

District Court, D. New Jersey · May 13, 2025

Thus, the first exception to judicial immunity is inapplicable. … established constitutional protections.”

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.

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.