Case law

New Brunswick Cellular Telephone Co. v. Township of Edison Zoning Board of Adjustment

300 N.J. Super. 456 · New Jersey Superior Court Appellate Division · Feb 7, 1997

Judge Skillman squarely concluded that such concerns were preempted by the Radiation *475 Protection Act, N.J.S.A. 26:2D-1 through 88, and that any challenge to the issue of preemption “would be clearly lacking in merit.” … CONCLUSION For the reasons set forth above, the Board’s rejection of Com-cast’s application for a d(3) variance was clearly arbitrary, capricious and unreasonable.

State v. Motley

369 N.J. Super. 314 · New Jersey Superior Court Appellate Division · May 25, 2004

While the prosecutor's discretion is not without limits, Negran, supra, 178 N.J. at 82 , 835 A. 2d 301 ; Brooks, supra, 175 *879 N.J. at 225, 814 A. 2d 1051 , the defendant must establish that the prosecutor's denial of his … In this instance, it is not for the judiciary to second guess or qualify the policy position taken by the Office of the Attorney General with respect to the possession of assault weapons and the danger associated with the

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.

UCJF v. NJ Mfrs. Ins. Co.

138 N.J. 185 · Supreme Court of New Jersey · Nov 23, 1994

The statute established a special method of recovery in the case of "an insured tortfeasor" as opposed to those tortfeasors who are completely uninsured. … The foregoing discussion indicates that the Fund clearly does not have a "subrogation" right against NJM.

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...."

Mistrick v. Division of Medical Assistance & Health Services

154 N.J. 158 · Supreme Court of New Jersey · Jun 8, 1998

During his employment, International Specialty Products had not offered a company pension plan but had established the GAFCAP 401 (k) program that Joseph used as a retirement account. … Each applicant must satisfy the criteria for eligibility established by the state in which the applicant lives. Id. at 485, 659 A.2d 450 (citing Schweiker v.

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.

Rouse v. Harris

482 F. Supp. 766 · District Court, D. New Jersey · Jan 14, 1980

Although the statute clearly authorizes the Secretary to permit a party to file an action challenging the Secretary’s final decision more than sixty days from the date of mailing, the court does not believe that the Appeals … Plaintiff’s constitutional argument involves the assertion that the statutory test which illegitimate children must meet to qualify for child’s insurance benefits places a burden on illegitimate children that legitimate children

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.

Casper v. SMG

389 F. Supp. 2d 618 · District Court, D. New Jersey · Oct 5, 2005

“The rule prohibiting experts from providing their legal opinions or conclusions is ‘so well established that it is often deemed a basic premise or assumption of evidence law- a kind of axiomatic principle.’ … A at p. 1) Such proposed testimony is clearly a conclusion of law necessarily resulting from legal analysis.

Chou v. Rutgers

283 N.J. Super. 524 · New Jersey Superior Court Appellate Division · Aug 7, 1995

was qualified for the position or rank sought; (3) complainant was denied promotion; and (4) others with similar or lesser qualifications achieved the rank or position. … While the local value of this collection is clearly established, the record does not provide a basis for comparison of the accomplishment to the work of librarians in similar positions at other universities.

KHAWAM v. NEW JERSEY LAWYERS FUND FOR CLIENT PROTECTION

District Court, D. New Jersey · Feb 27, 2025

Absolute immunity is “strong medicine,” and “the presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties.” … It is the plaintiff’s burden to establish that the defendant’s conduct is “more than the occurrence of isolated or sporadic acts.” Id.

John Schmirsky v. Township of Winslow

New Jersey Superior Court Appellate Division · Mar 19, 2026

'against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.'" Friedman v. … "To sustain a cause of action for negligence, a plaintiff must establish four A-0917-24 8 elements

Bailey v. Driscoll

34 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Feb 23, 1955

The point was not argued below, so we assume that any defense of immunity from suit was abandoned prior to trial. … or to be established."

Mountain Springs Assn. v. Wilson

81 N.J. Super. 564 · New Jersey Superior Court Appellate Division · Dec 27, 1963

The facts in the present case are clearly distinguished from Neponsit. Here the covenant did not provide that the grantee would contribute money for the maintenance of the roads, lake or other facilities. … It is also firmly established that the policy of the law is against the imposition of restrictions upon the use and enjoyment of land, and that such restrictions are to be strictly construed.

Palamar Const., Inc. v. Tp. of Pennsauken

196 N.J. Super. 241 · New Jersey Superior Court Appellate Division · Dec 21, 1983

In addition to stating the committee's finding that defendant was a qualified and responsible bidder, the resolution also provided * * * * * * * * 3. … In this instance, however, those salutary principles are clearly inapplicable.

Department of Environmental Protection & Energy v. Gloucester Environmental Management Services, Inc.

866 F. Supp. 826 · District Court, D. New Jersey · Sep 1, 1994

Defendants contend that the 1988 NJDEPE regulatory definition contravenes “the legislature’s clearly expressed desire to exclude landfills like GEMS from its definition of ‘sanitary landfill.’ ” Owners & Operators’ Br., at … In order to qualify for additional payments under this subsection the claimant may not reduce the asking price by more than 2.5 percent per month after initial settlement with the Fund without written permission from the

BAYETTE v. VANAMBURGH

District Court, D. New Jersey · Dec 17, 2019

Specifically, Defendants Tighe was employed by the Laboratory, and the Laboratory permitted her to testify as an expert in Plaintiff’s trial even though she was not qualified. (Id. at 18.) … Specifically, it is well-established the State and state entities are not “persons” for purposes of § 1983, and thus, are not amenable to suit under that statute. See Will v. Mich.

Kelly v. Geriatric and Med. Serv.

287 N.J. Super. 567 · New Jersey Superior Court Appellate Division · Feb 29, 1996

Weiner, 145 Ariz. 414 , 701 P. 2d 1222 (Ct.App. 1985) (registered nurse, regularly assigned to a hospital by an agency, held to be lent employee; hospital was her special employer and entitled to immunity from negligence … Though an LPN, plaintiff's assignments and the evaluation of her *577 performance were clearly under the day to day control of CRCC.