Case law

State v. Petrozelli

351 N.J. Super. 14 · New Jersey Superior Court Appellate Division · May 14, 2002

While a defendant is obliged to establish the right to relief by a preponderance of the credible evidence, State v. … The sketchy 1985 written contract was clearly not intended to serve as an integrated agreement embracing all of the promises and obligations of the parties.

State v. Kately

270 N.J. Super. 356 · New Jersey Superior Court Appellate Division · Feb 10, 1994

The prosecution wished to establish that Radziwil was intoxicated at the time of the accident in order to establish the elements of death by auto under N.J.S.A. 2C:11-5 or aggravated manslaughter under N.J.S.A. 2C:11-4(a) … The evidence was thus not necessary to establish intoxication.

Aljian v. Ben Schlossberg, Inc.

8 N.J. Super. 461 · New Jersey Superior Court Appellate Division · May 3, 1950

It is well established in this State that, in a case involving a joint tort, if the party injured accepts satisfaction from one of such tortfeasors, he cannot sue the other. Moss v. … The language of the release clearly imports a settlement by compromise of the entire subject matter of the litigation. *467 There are no qualifying words therein manifesting a different intention or intimating that the money

LEPENDORF

District Court, D. New Jersey · Jan 30, 2026

Paul, instead referring generally to the “individual Defendants,” it is clearly not directed at him. (AC at 57.) … That clearly does not refer to Mr. Paul, who is not a member of the New Jersey judiciary.

Grecco v. O'Lone

661 F. Supp. 408 · District Court, D. New Jersey · May 27, 1987

In the present case, the sentence imposed was clearly within the range of the trial court’s discretion. … N.J.S.A. 2C:44-l(d) establishes a presumption of imprisonment for those convicted of first and second degree crimes. Judge Huber clearly considered each of these factors before imposing sentence.

Panetta v. Panetta

370 N.J. Super. 486 · New Jersey Superior Court Appellate Division · Jul 1, 2004

Marx established the formula for allocating the marital share of a deferred distribution pension. 265 N.J.Super. at 428 , 627 A. 2d 691 . … Clearly, the purpose of the offset is to balance the retirement benefits accrued by each of the parties during the marriage.

Value Group, Inc. v. Mendham Lake Estates, L.P.

800 F. Supp. 1228 · District Court, D. New Jersey · Sep 4, 1992

Copying of Value Group’s Copyrighted Works Because copying can often be difficult to establish directly, it can also be established with circumstantial evidence by showing that the defendant had access to the work and the … , not only access to, but use of, a copyrighted material is established.

Phelps v. Morrison

25 N.J. Eq. 538 · Supreme Court of New Jersey · Nov 15, 1874

It would clearly bind the land so that it could *544 be sold under it. … But this judgment was afterwards reversed in the Court of Errors, and a contrary construction *545 was established.

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).

Cherry Hill Tp. v. Oxford House

263 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Feb 18, 1993

The residents clearly believed that they would not be able to remain clean and sober without the support of their fellow residents at Oxford House. … Clearly, the Chancery judge denied Oxford House's summary judgment motion.

KAETZ v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Jul 10, 2023

waives the United States' immunity to suit.” … However, the Court finds that an opportunity to amend would be clearly futile here.

Jimenez v. Baglieri

152 N.J. 337 · Supreme Court of New Jersey · Jan 29, 1998

Only claimants who are statutorily qualified under N.J.S.A. 39:6-62 may recover benefits under the Fund. … That plaintiff is a “qualified person” to recover benefits under the Fund Act is undisputed.

State v. Hudson County News Co.

41 N.J. 247 · Supreme Court of New Jersey · Dec 16, 1963

Actual knowledge of the contents of the material is not the sine qua non to establish scienter. … We note that the State purported to qualify the lay witnesses as “average” men. No witness can qualify as an “average man.” This is a standard solely for the jury to determine.

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."

Westpy v. Burnett

82 N.J. Super. 239 · New Jersey Superior Court Appellate Division · Feb 6, 1964

The policy of the Florida courts in requiring more specific allegations is understandable because in that state the recall can be initiated on the affidavit of a mere 25 qualified electors. … The truth or falsity of the charges can be established during the course of the campaign preceding the election. The proponents of recall will, undoubtedly, furnish the particulars of their charges.

BASS v. HOWARD

District Court, D. New Jersey · Mar 23, 2020

LEGAL ANALYSIS “In order to establish a basis for subject matter jurisdiction in federal court, a plaintiff's claims must establish either federal question jurisdiction under 28 U.S.C. … To allege a Title VII prima facie claim, a plaintiff must show that (1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action despite being qualified

BRIGHT

District Court, D. New Jersey · Nov 24, 2025

capacity claims against the Prosecutor and Discovery Clerk with prejudice under the doctrine of prosecutorial immunity. … Such a policy or custom need not be formally enacted or in writing to qualify under Monell; a “pertinent decision” by a person with authority on a subject can qualify as an official policy. Porter v.

Gonzalez v. Wilshire Credit Corp.

207 N.J. 557 · Supreme Court of New Jersey · Aug 29, 2011

It insists that the foreclosure judgment and agreements do not provide Wilshire with CFA immunity. … Those agreements clearly establish privity between plaintiff and U.S. Bank and Wilshire. B. The key issue before us is whether the CFA governs extensions of credit after a foreclosure judgment.

State v. Brown

170 N.J. 138 · Supreme Court of New Jersey · Dec 3, 2001

The lower courts conclusion on that issue, however, was clearly in error. … L.Rev. 108, 115 (1968) ("In short, Santos immunizes the sovereign in criminal cases from application of the admissions exception (and perhaps all exceptions) to the hearsay rule.

Clinton Tp. Citizen's Comm. v. Clinton Tp.

185 N.J. Super. 343 · New Jersey Superior Court Appellate Division · Mar 23, 1982

The Legislature has provided very clearly that it is the initial and primary responsibility of the assessor to determine property tax assessments. N.J.S.A. 54:4-23, 4-24, 4-27 and 4-35. … Super. 85 (App.Div. 1971), certif. den. 59 N.J. 268 (1971) (holding a tax assessor immune from direct attack in a revaluation context), and Ridgefield Park v. Bergen Cty. Bd. of Tax., 61 N.J.