Case law

Township of Voorhees v. New Jersey Department of Environmental Protection

149 N.J. 119 · Supreme Court of New Jersey · May 15, 1997

The DEP moved for summary disposition, asserting that Voorhees qualified as an “owner” under the plain meaning of the Closure Act. … To the extent that [the] DEP determined that monitoring wells are required to be installed and maintained on landfill sites closed prior to January 1982, the Fund established by the Closure Act is clearly authorized to pay

State v. DiRienzo

53 N.J. 360 · Supreme Court of New Jersey · Mar 4, 1969

The number of items was clearly irrelevant to this defense. We find no error. … Einally, the record clearly demonstrates that there was ample evidence upon which the jury could base a verdict of guilty.

LIU v. LU

District Court, D. New Jersey · Feb 28, 2025

immunity. … Feb. 1, 2024) (“The Court stops its analysis here because a qualified immunity defense, for example, requires a Court to assess ‘whether the facts alleged [Jin the context of a motion to dismiss... make out a violation

State v. Caraballo

330 N.J. Super. 545 · New Jersey Superior Court Appellate Division · May 9, 2000

Nor did the trial court conduct a hearing to determine whether it was made under reliable circumstances and thus qualified as an inconsistent statement admissible as substantive evidence. … The State's reliance on N.J.R.E. 607 is clearly misplaced.

Cevdet Aksüt Oğullari Koll. Sti v. Cavusoglu

245 F. Supp. 3d 650 · District Court, D. New Jersey · Mar 28, 2017

LEGAL STANDARD Pursuant to Federal Rule of Civil Procedure 12(c), judgment on the pleadings will be granted only if “the. movant clearly establishes there are no material issues of fact, and he is entitled to judgment as … The court declined to follow “the Baseman rule” because it amounted to “immunity for U.S. corporations who, acting entirely in the United States, violate *657 civil RICO at the expense of foreign corporations doing business

Mogull v. CB Commercial Real Estate Group, Inc.

319 N.J. Super. 53 · New Jersey Superior Court Appellate Division · Mar 9, 1999

Here, there is no dispute but that plaintiff had established a prima facie case of discrimination. … To a juror, the qualifying statement “if true” would seem to mean that it is the function of the jury at that point to evaluate the credibility of the reasons. This is clearly an incorrect statement of the law.

Polulich v. JG Schmidt Tool Die & Stamping Co.

46 N.J. Super. 135 · New Jersey Superior Court Appellate Division · Jun 24, 1957

Psichos, supra , in which the judge on his own motion stopped a witness from testifying as an expert on the ground he was not qualified. … Davidson, satisfies me that the petitioner has established an increase in disability.

Westfield Investment Co. v. Fellers

74 N.J. Super. 575 · New Jersey Superior Court Appellate Division · May 14, 1962

It was clearly established that the defendants could not feed four persons, including themselves, on $37.07 per month. If the defendants would accept this new deal, Mr. … In this case fraud in the inducement and failure of consideration have clearly been established. Plaintiff seeks to avoid these defenses by cloaking itself in the garb of a holder in due course.

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.

Interfaith Community Organization v. Honeywell International, Inc.

263 F. Supp. 2d 796 · District Court, D. New Jersey · May 21, 2003

Hugh McGuire was qualified as a real estate appraisal expert. Mr. … All five elements are established in this case.

DAY v. NEW JERSEY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jan 19, 2022

It is well established that NJDOC is entitled to Eleventh Amendment immunity as an arm of the State of New Jersey. Fox v. Bayside State Prison, 726 F. … Rose, 496 U.S. 356, 365 (1990) (explaining that Will established that “an entity with Eleventh Amendment immunity is not a ‘person’ within the meaning of § 1983.”).

In Re Township of Warren

247 N.J. Super. 146 · New Jersey Superior Court Appellate Division · Mar 26, 1991

However, the rule recognizes the problems low income households have in qualifying for mortgages, raising a downpayment and paying for closing costs. … The pre-qualifying preferences here impinge upon the basic rights of those disadvantaged by having limited means, whether from out of state, out of county, or out of municipality, to travel and seek affordable housing, established

Soronen v. Olde Milford Inn, Inc.

46 N.J. 582 · Supreme Court of New Jersey · Apr 4, 1966

At the retrial the plaintiff again presented her evidence to establish that the decedent was visibly intoxicated when served by Frei. … The crucial line between civil responsibility and nonresponsibility is legally clear and should be clearly conveyed to the jury.

Dalton, Dalton, Little, Inc. v. Mirandi

412 F. Supp. 1001 · District Court, D. New Jersey · May 19, 1976

The rule is long established. See Morris v. Muller, 113 N.J.L. 46 , 172 A. 63 (E&A, 1934); Cameron v. … Even if it did, plaintiff would not qualify because its powers under its Maryland charter include both professional and business activities.

Goodman v. Board of Review

245 N.J. Super. 551 · New Jersey Superior Court Appellate Division · Feb 4, 1991

The Division does not challenge the finding that claimant was qualified for benefits upon getting fired by Turi's Cleaners. … In the case before us, claimant's testimony clearly established that her low-paying new-found job with JFD was interfering with her search for suitable employment, *558 and there was no finding to the contrary.

State v. Sinnott

24 N.J. 408 · Supreme Court of New Jersey · Jun 3, 1957

Obviously, the jurors were cognizant of this meaning of “T,” and the report clearly states in what columns it is to apply. … Doctor, are you qualified to pass upon the question, if you know, of whether a person has sexual deviations or sexual deviation traits? * * X * * * * :is Q.

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.

Guidotti v. Legal Helpers Debt Resolution, L.L.C.

74 F. Supp. 3d 699 · District Court, D. New Jersey · Dec 3, 2014

As we have stressed in other contexts, a party’s waiver of statutory rights “must be clearly and unmistakably established, and contractual language alleged to constitute a waiver will not be read expansively.” … Second, the arbitration clause gives Defendants the unilateral right to select the “qualified independent arbitrator^]” (Pl.’s App., Pa000027.)

GRANT v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Jan 31, 2024

Itis well established that the United States is not subject to suit for constitutional torts, including the civil rights claims Plaintiff seeks to raise, and is entitled to absolute sovereign immunity. … As explained by the Honorable Kevin McNulty in dismissing the same type of claim brought by another federal pretrial detainee, the standing orders at issue here “were clearly issued in a judicial rather than.administrative

Cunningham v. New Jersey

452 F. Supp. 2d 591 · District Court, D. New Jersey · Sep 25, 2006

(Comply 13) Plaintiff was assigned to work at Bayside State Prison. 2 The program established by SJAA is called the “PALM Project.” 3 Plaintiff was a member of the project staff. … In this case, the undisputed evidence does not establish that Plaintiff was engaging in a protected First Amendment activity, i.e. speech or expression. See Springer, 435 F.3d at 275 .