Case law

State ex rel. V.A.

212 N.J. 1 · Supreme Court of New Jersey · Sep 12, 2012

And, the Attorney General relied on PTI guidelines when establishing the Guidelines for juvenile waiver decisions by prosecutors. See Guidelines, supra, at 4. … Even in such instances, “the prosecutor is not immune from the ban against arbitrariness in governmental decision-making.” State v. Leonardis (Leonardis II), 73 N.J. 360, 377 , 375 A.2d 607 (1977).

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.

Gutin v. Washington Township Board of Education

467 F. Supp. 2d 414 · District Court, D. New Jersey · Dec 21, 2006

Rather, the record clearly indicates that Dr. Bickford was only limited to testifying about issues Mr. … The policy clearly provides for testing when a parent consents, as it allows for the parent to select the physician to conduct the medical examination.

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.

The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC

230 N.J. 427 · Supreme Court of New Jersey · Sep 14, 2017

Having set forth that straightforward standard, the Fox Court added some equitable qualifiers: [I]f a defendant can establish (a) that the lapse of time between the expiration of two years … Clearly, defendants are no worse off in presenting a defense if the six-year limitations period commenced on June 13, 2007, rather than on May 2, 2008.

Endre v. Arnold

300 N.J. Super. 136 · New Jersey Superior Court Appellate Division · Apr 24, 1997

The duty, however, only requires the host to give such assistance as the host reasonably can and to take reasonable *144 action to turn the injured person over to those qualified to care for the guest. … Plaintiff had the burden of establishing defendant’s conduct was a proximate cause of death. See Dawson v.

DeBartolomeis v. Bd. of Review

341 N.J. Super. 80 · New Jersey Superior Court Appellate Division · May 23, 2001

R. 2(3), it merely conforms the rule to established practice. N.J. Evid. … That is clearly proper.

Hawthorne v. Odenson

94 N.J. Eq. 588 · New Jersey Court of Chancery · Apr 10, 1923

provision that words of grant shall import certain covenants is overcome by an express but qualified covenant. … But a second contract is clearly called for.

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).

Eggert v. Tuckerton Volunteer Fire Co. No. 1

938 F. Supp. 1230 · District Court, D. New Jersey · Sep 4, 1996

It establishes TVFC as the duly appointed Are department for the Borough. Tuckerton Code, Ord. No. 75 § 10-1 et seq. … This dispute clearly presents a genuine issue of material fact that precludes summary judgment.

K.S. VS. J.S. (FM-18-0685-15, SOMERSET COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 10, 2020

Property qualifies for equitable distribution when it is attributable to the expenditure of effort by either spouse during the marriage. Pascale, 140 N.J. at 609. … The burden of establishing the immunity of property from equitable distribution lies with the party seeking exclusion. Id. at 609.

Enourato v. NJ Building Auth.

182 N.J. Super. 58 · New Jersey Superior Court Appellate Division · Dec 17, 1981

Thus, the rules clearly permit a judge to schedule an oral motion to dismiss on short notice. … No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally qualified voters of the State voting thereon.

State v. Brown

27 N.J.L. 13 · Supreme Court of New Jersey · Feb 15, 1858

In the absence of all conflicting testimony, the documentary evidence establishes the fact that the land conveyed to the canal company was upon the bay, and adjoined the shore line; that the canal, as located and constructed … By the terms of the conveyance the grantees take a qualified fee, liable to be .defeated whenever they cease to use the land for the purpose' specified in the grant/ 1 Inst. 1, b. 27 a; 1 Cruise 79, tit. 1, § 82; 2 Bl.

State v. May

362 N.J. Super. 572 · New Jersey Superior Court Appellate Division · Aug 18, 2003

fourth-degree crime established in N.J.S.A. 2C:24-4b(5)(b) for his alleged possession of child pornography. … The court excluded that testimony because Wolf had not "been qualified as an expert in determining... age...."

WENDY CURRAN VS. KEVIN CURRAN (FM-14-1198-12, MORRIS COUNTY AND STATEWIDE) (CONSOLIDATED) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Apr 6, 2020

Super. 18, 33 (2011), and the burden of establishing that an asset or any portion thereof is immune from distribution falls on the party claiming its immunity, Pacifico v. Pacifico, 190 N.J. 258, 269 (2007). … The burden of establishing a prima facie case of such a change falls on the moving party. See id. at 282.

Doremus v. Bd. of Education of Hawthorne

5 N.J. 435 · Supreme Court of New Jersey · Oct 16, 1950

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … Public officers uniformly qualify by being sworn. The statute (Til. 28, § 453, U. S.

TERRACE CONDO. ASSO. v. Midlantic Nat. Bank

268 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Jul 19, 1993

The purchaser relies upon his "knowledge and skill, and he impliedly represents that he is qualified to erect a habitable dwelling. He is also in a better position to prevent the existence of major defects." … Midlantic seeks to immunize itself by claiming that it is not a builder with respect to The Terrace and that non-builders cannot be liable for breaches of the implied warranty of reasonable workmanship.

Innes v. Innes

117 N.J. 496 · Supreme Court of New Jersey · Jan 17, 1990

In that event, the income would clearly be a part of the post-judgment alimony base. … Therefore, the recent amendment immunizes plaintiff’s pension from consideration in alimony-modification determinations. *507 This result is consistent with the legislative intent underlying the recent amendment.

In Re JW

410 N.J. Super. 125 · New Jersey Superior Court Appellate Division · Sep 28, 2009

These mandatory time limits, we believe, were established to balance a Registrant's need for adequate preparation time with the clearly expressed legislative concern in adopting Megan's Law that members of the public receive … There are facts that, in our view, clearly warrant higher static criteria scoring.