Case law

LACKNER v. United States

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

Defendants have the burden to establish the applicability of an exception to the FTCA’s waiver of sovereign immunity, which deprives a court of jurisdiction. Id.; Baer v. … The Third Circuit held the qualified immunity analysis is inapplicable to the FTCA’s discretionary function exception analysis because “FTCA claims premised on conduct that is plausibly alleged to violate the Constitution

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.

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).

Housing Authority v. Suydam Investors, LLC

177 N.J. 2 · Supreme Court of New Jersey · Jul 10, 2003

Most important here, the Legislature again amended the Act in 1993 to provide governmental entities that *19 acquire property by eminent domain with qualified immunity from costs associated with the cleanup and removal of … Indeed, scholars denominate that well-established methodology as the “trust-escrow” approach, which has received “widespread recognition.” 7A Nichols, supra, § 13B.03(4), at 13B-68 (Patrick J. Rohan & Melvin A.

Heller v. Resnick

284 N.J. Super. 47 · New Jersey Superior Court Appellate Division · Aug 31, 1995

He did not, 2 and he assisted Selma in filing papers on June 3, 1988 to qualify as administrator of Max’s estate. … Here, it is the agreement itself that establishes the interests involved.

State v. Worthy

141 N.J. 368 · Supreme Court of New Jersey · Jul 27, 1995

Our unanimous agreement that a cooperative relationship between the federal and state investigators would call for the application of the Act was not qualified by any condition relating to the fact that the informant called … This review is clearly critical to achieving the desired protection of privacy that the Legislature envisioned, especially in light of its singular nature.

State v. Rockafellow

6 N.J.L. 405 · Supreme Court of New Jersey · Sep 15, 1796

It is a reasonable and lawful answer to an accusation, that it has not been preferred in the manner, or by the persons, which the law recognizes; and it results from the provisions of the statute, as clearly as if it had … In that case it was not argued, -that Sharp ought to have challenged the jurors who were affirmed, oh the ground of their not being Quakers, when they came to be qualified ; and though no such answer was given, it is equally

Del Val Pennysaver, Inc. v. Director, Division of Taxation

3 N.J. Tax 164 · New Jersey Tax Court · Aug 5, 1981

His testimony was directed primarily to the question of whether the Pennysaver qualifies as a newspaper within the meaning of the statute. … Thus, plaintiffs conclude that the Pennysaver’s activities qualify as adver *172 rising and come within the exemption provided in N.J.S.A. 54:32B-8(ee).

Millington Quarry, Inc. v. Taxation Division Director

5 N.J. Tax 144 · New Jersey Tax Court · Jan 27, 1983

Thus, the parties seeking the benefit of a tax exemption have the burden of establishing that they come clearly within its provisions. Container Ring, supra at 208. … Accordingly, the loaders used to place rock in the trucks qualify for exemption.

National Paving Co. v. Director, Division of Taxation

3 N.J. Tax 133 · New Jersey Tax Court · Aug 5, 1981

However, should it be determined that such an offer, if established, does not invoke operation of the statute, plaintiff asserts that the municipalities impliedly accepted the offers of dedication before the paving was completed … In other states it seems generally to be held that the intent to dedicate land to public use must be clearly and unequivocally manifested.

State v. Wilson

135 N.J. 4 · Supreme Court of New Jersey · Feb 28, 1994

Once a videotape is established as relevant evidence, it is generally admissible under New Jersey’s Evidence Rule 801(e). … Although a videotape qualifies as a writing, to be admissible in evidence the videotape must be properly authenticated. Evid. R. 901.

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.

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.

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.

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.

Gaede v. Carroll

114 N.J. Eq. 524 · Supreme Court of New Jersey · Nov 5, 1933

Complainant qualified as executor and has since been acting as such executor. Testator left him surviving his widow, Audrey L. … This rule has been uniformly applied in this state, when the testator has not clearly expressed an intention that the life tenant should enjoy the property in specie. In Ackerman’s Adm’rs v. Vreeland’s Ex’r, 14 N. J.

Mayhew v. Wagenhoffer

43 N.J. Super. 122 · New Jersey Superior Court Appellate Division · Dec 12, 1956

Mayhew qualified as executrices. The question here involved is whether Frances C. Mayhew and Mary C. Wagenhoffer now have a vested interest in the real estate mentioned in the will. … Van Houten the rules established by that decision *126 have been frequently applied by our courts in construing limitations over by way of executory devise.”

In Re Congoleum Corp.

362 B.R. 167 · United States Bankruptcy Court, D. New Jersey · Jan 26, 2007

Debtors argue that its contributions clearly satisfy the “fair and equitable” standard, or at a minimum raise questions for the finder of facts. … None of those assertions have been established.

CONTE v. GOODWIN

District Court, D. New Jersey · Jun 22, 2020

Third, Defendants assert that they are entitled to qualified immunity as government officials. (Id. at 5–6.) … Finally, qualified immunity, if proven at trial, would constitute a meritorious, complete defense.

Kaczorowska v. National Envelope Corp.

342 N.J. Super. 580 · New Jersey Superior Court Appellate Division · Jun 1, 2001

It was established that the device was not used because it hampered the operation of the mill. Id. at 336 , 762 A. 2d 311 . … The instant matter is clearly distinguishable.