Case law

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.

Reiser v. Pension Commission, Passaic Cty.

147 N.J. Super. 168 · New Jersey Superior Court Appellate Division · Dec 7, 1976

When statutes relating to the same subject matter are repugnant or inconsistent, and the latter statute is clearly intended to prescribe the only rule which should govern the case, it will be construed as repealing the earlier … Plaintiff contends that this hodge-podge, crazy-quilt of varied distinctions in the class of widows who can qualify for pension benefits is completely without rhyme or reason; that the classifications are established by the

McGough v. Broadwing Communications, Inc.

177 F. Supp. 2d 289 · District Court, D. New Jersey · Dec 21, 2001

A conditional promise qualifies a promisor’s duty to perform. … These vague allegations are clearly insufficient to establish a binding contractual entitlement to “stock options.”

Mechanics National Bank v. H. C. Burnet Manufacturing Co.

33 N.J. Eq. 486 · New Jersey Court of Chancery · Feb 15, 1881

If the case made by the bill is established by the proofs, there can be no doubt that the complainants are entitled to relief. … Fraud perpetrated by means of a judgment is no more entitled to immunity than a fraud perpetrated by means of a deed or mortgage. Jones v. Naughright, 2 Stock. 298 .

CWA v. Treffinger

291 N.J. Super. 336 · New Jersey Superior Court Appellate Division · May 9, 1996

qualified applicants. … (c) All other qualified applicants. The preference established by this section shall in no way diminish, reduce or affect the preferences granted pursuant to any other provisions of the law.

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.

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

MELEIKA v. BAYONNE POLICE DEPARTMENT

District Court, D. New Jersey · Feb 22, 2022

Mayview State Hosp., 293 F.3d 103, 114 n. 19 (3d Cir. 2002) (non-prisoner indigent plaintiffs are “clearly within the scope of § 1915(e)(2)”). See also Lopez v. … Still less does it contain any plausible allegations that would overcome qualified immunity.

Northwest Covenant Medical Center v. Fishman

167 N.J. 123 · Supreme Court of New Jersey · Apr 23, 2001

But even if a hospital qualifies for a subsidy, it does not necessarily receive a full “reimbursement” covering all of its actual charity *129 care expenses; rather, a hospital receives only its proportionate share of the … We recommend that the DHSS promulgate regulations establishing standards and procedures for contesting allocations of charity care subsidies to avoid many of the problems presented in this case. III.

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.

H.G.K.W. Corp. v. East Brunswick Township

8 N.J. Tax 454 · New Jersey Tax Court · Jul 16, 1986

for any exemption from local property taxation, and whether an owner qualifies for farmland assessment. … He indicated that the Senate Finance and Appropriations Committee stated that the process was established to permit a timely correction of administrative errors avoiding the need for a formal appeal to be processed.

In Re Ocean County Com'r Registration

379 N.J. Super. 461 · New Jersey Superior Court Appellate Division · Aug 5, 2005

Murphy did not respond to or challenge that Statement of Fact, which is therefore deemed established. See R. 4:46-2(b). … Thus the time periods provided by court rules for other civil litigation are clearly foreshortened.

Borough of Highlands v. Davis

124 N.J. Super. 217 · New Jersey Superior Court Appellate Division · May 24, 1973

Ordinance #200 adopted April 8, 1940 established a police department. That ordinance in pertinent part provided : 1. … Grammatically read, the ordinance clearly provides that the Council will appoint not only police officers but also the chief of police, the captain of the police and one or more sergeants of the police.

Gloucester City v. AM. ARBITRATION ASS'N.

333 N.J. Super. 511 · New Jersey Superior Court Appellate Division · Aug 11, 2000

The primary issue presented by this appeal is whether a surety which issues a statutorily mandated performance bond for a public construction project may establish preconditions for the filing of a claim under the bond that … Whatever the merits of this argument, it clearly presents a question of substantive arbitrability: that is, whether the performance bond incorporates the arbitration clause of the construction contract and, if so, whether

State v. Shelley

205 N.J. 320 · Supreme Court of New Jersey · Mar 9, 2011

However, none definitively establish whether a kindergarten class, standing unconnected to other elementary grades, constitutes an "elementary school." … During the legislative process, day care providers, nursery schools, and preschool programs clearly were removed from the bill's reach.

Bancredit, Inc. v. Bethea

65 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Feb 17, 1961

Failure of the maker to establish either fraud in the execution or freedom from negligence debases entirely the merit of such a contention. … It is also the duty of the creditor to establish the reasonable value of the alleged necessaries. De Woody v. Goss, 86 S.W. 2 d 194 ( Mo. Ct. App. 1935).