Case law

Redmond v. New Jersey Historical Society

132 N.J. Eq. 464 · Supreme Court of New Jersey · Sep 18, 1942

The burden is on complainants properly to establish ownership — absolute or qualified — and the right to exclusive possession where such ownership is denied. Pinlenics v. Menwig, 113 N. J. Law 4, 5; 172 Atl. … Clearly, the possession of the Society did not begin nor did it continue to be (prior to 1938) in “hostility.” Its possession was not “adversary.”

ROSARIO v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE

District Court, D. New Jersey · Jun 5, 2024

Prosecutorial Immunity Prosecutors are absolutely immune from suit for all actions and decisions undertaken in furtherance of their prosecutorial duties. Imbler v. … Heisel, 361 F.2d 581, 591 (3d Cir. 1966) (immunity is denied for acts which “a reasonable prosecutor would recognize as being ‘clearly outside his jurisdiction’ to represent the state before the court.”)).

In re Fleetboston Financial Corp. Securities Litigation

253 F.R.D. 315 · District Court, D. New Jersey · Oct 20, 2008

Clearly, the proposed class consists of a sufficient number of persons to make joinder impracticable. Id. at 18 (citations omitted). … The Court will consider such persons if otherwise qualified. .

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.

GROSSBERGER

District Court, D. New Jersey · Nov 25, 2025

“Judgment will not be granted unless the movant ‘clearly establishes there are no material issues of fact, and [the movant] is entitled to judgment as a matter of law.’” Bedoya v. Am. … Like judicial immunity, quasi-judicial immunity is “absolute.” Keystone Redevelopment Partners, LLC, 631 F.3d at 95.

PETERSON-DAILY v. CITY OF ASBURY PARK

District Court, D. New Jersey · Jul 22, 2025

Under Rule 12(c), “judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that [the movant] is entitled to judgment as a matter of law.” … While the Court recognizes Judge Troppoli’s potentially problematic policy, the Court, like in Figueroa, is “hard pressed to deviate from the well-established legal principles” that govern judicial immunity.

State v. Moscato

253 N.J. Super. 253 · New Jersey Superior Court Appellate Division · Jan 21, 1992

The linkage, as we have *259 seen, is established in N.J.S.A. 13:1E-27 which deems solid waste facilities established pursuant to the Management Act to be public utilities subject to the BPU. … A court should not dismiss an indictment except on the clearest and plainest grounds and only where evidence to support it is clearly lacking. State v. Vasky, 218 N.J.

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 OF NEW JERSEY VS. JOSHUA NICHOLSON (13-12-0773, SOMERSET COUNTY AND STATEWIDE)

451 N.J. Super. 534 · New Jersey Superior Court Appellate Division · Aug 31, 2017

"Unless there is a stipulated record, or unless immunity issues are implicated, a pretrial motion to dismiss an indictment is not a permissible vehicle for addressing the sufficiency of the government's [trial] evidence." … "In order to overturn a prosecutor's rejection, a defendant must 'clearly and convincingly establish that the prosecutor's decision constitutes a patent and gross abuse of discretion.'"

Horizon Blue Cross Blue Shield v. State

25 N.J. Tax 290 · New Jersey Tax Court · Dec 15, 2009

To be qualified as an HSC, Horizon had to be “organized, without capital stock and not for profit, for the purpose of (1) establishing, maintaining and operating a nonprofit health service plan and (2) supplying services … statute to demonstrate *314 clearly that it violates the constitutional provision.”

KEVIN DIPIANO VS. CURTIS POINT PROPERTY OWNERS ASSOCIATION (L-2415-19, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Sep 14, 2021

They further argued that the notice was truthful and that the association members were protected by qualified immunity. On November 14, 2019, defendant Matthew Smith filed a motion to dismiss. … Clearly gamesmanship.

Borough v. Abram Demaree

365 N.J. Super. 338 · New Jersey Superior Court Appellate Division · Jan 14, 2004

Reaching this issue was unnecessary in Twp. of Franklin because the farm involved was clearly a commercial enterprise. … Defendant's actions might qualify as "agricultural management practices" under the *118 Farm Act. Twp. of Franklin v. Hollander, supra, 172 N.J. at 150 , 796 A. 2d 874 .

State v. Buda

195 N.J. 278 · Supreme Court of New Jersey · Jun 23, 2008

s statements qualify under the excited utterance exception to the hearsay rule, our task is not complete. … That claim, standing alone, is insufficient to establish such a relationship.

SMARTE CARTE, INC. v. INNOVATIVE VENDING SOLUTIONS LLC

District Court, D. New Jersey · Sep 28, 2020

A lawsuit “does not qualify for . . . immunity if it ‘is a mere sham to cover . . . an attempt to interfere directly with the business relationships of a competitor.”’ … “Proof of a sham merely deprives the defendant of immunity; it does not relieve the plaintiff of the obligation to establish all other elements of his claim.” Id.

Band's Refuse Removal, Inc. v. Fair Lawn Bor.

62 N.J. Super. 522 · New Jersey Superior Court Appellate Division · Jul 27, 1960

The qualifying contractors were advised of the postponement prior to March 26. All four submitted sealed bids on April 9. … The statements he so fully gave the prosecutor were clearly against interest.

State v. Richard Perez (072624)

220 N.J. 423 · Supreme Court of New Jersey · Feb 2, 2015

The statute was amended again in 1999 to establish a mandatory-minimum term of imprisonment. L. 1999 c. 277, § 1. … PSL must similarly be considered a punitive rather than a remedial or administrative obligation of a defendant convicted of a qualifying sexual offense.

BURKE v. POWELL

District Court, D. New Jersey · May 18, 2023

They advance a number of different arguments, including that Plaintiff has failed to meet the elements of each of his claims and that the BSP Defendants are entitled to sovereign and/or qualified immunity. … immunity.

Gallara v. Koskovich

364 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Apr 15, 2003

Koskovich clearly states in his taped statement that there were no loud noises during the break-in and that he was also scared upon entering the store. … A licensed seller of firearms should not be immune from liability if it engages in conduct that contributes to gun violence.

State v. Lally

80 N.J. Super. 502 · New Jersey Superior Court Appellate Division · Sep 25, 1963

Clearly, R.S. 18:11-1 carries an express mandate to boards of education that they provide school buildings which are suitable for school use. … The Legislature has not established that the failure to disclose information, such as is complained of here, should constitute a crime.

Marsh v. New Jersey Department of Environmental Protection

152 N.J. 137 · Supreme Court of New Jersey · Dec 18, 1997

The Act created the New Jersey Spill Compensation Fund (Spill Fund or Fund), which provides for qualified claimants reimbursement of the cleanup costs for environmental contamination. … However, the Appellate Division found that Marsh’s mother was clearly a party “responsible for a hazardous substance” within the meaning of llg(c) because she should have known of the existence of the leaking tanks on her