Case law

In Re Cendant Corp. Litigation

60 F. Supp. 2d 354 · District Court, D. New Jersey · Jul 27, 1999

Plaintiffs have established a prima facie § 11 claim against the CUC defendants, McLeod, and E & Y. … The HFS defendants’ argument that they are immune from liability because they were entitled to rely upon E & Y’s expert evaluation of the financial statements is an affirmative defense which requires a factual inquiry inappropriate

Estate of Hanges v. Metropolitan Property & Casualty Insurance

202 N.J. 369 · Supreme Court of New Jersey · Jun 21, 2010

In *378 respect of whether decedent’s admittedly hearsay statements to the police recorded in the police report qualified for admission, the trial court reasoned that plaintiff had failed to proffer adequate proof that there … Comm. of Manalapan, 140 N.J. 366, 378 , 658 A.2d 1230 (1995), we consistently have held that “[a] trial court’s interpretation of the law and the legal consequences that flow from established facts are not entitled to any

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."

In re United Parcel Service, Inc.

255 N.J. Super. 195 · New Jersey Superior Court Appellate Division · Mar 16, 1992

The exemption the Commission granted to the travel industry is clearly distinguishable from UPS’s application. … Moreover, all of the *213 issues of law raised are clearly without merit. R. 2:11-3(e)(1)(E).

In Re Langhaar

125 N.J. Eq. 374 · New Jersey Superior Court Appellate Division · Apr 28, 1939

Langhaar, appeal from the transfer inheritance tax levied in respect of the remainder interest of a trust fund established under said will. … Consideration however results in the inevitable conclusion that the clause above underlined was intended to be qualified by the clause "by reason of the failure of any contingency" c., (notwithstanding no comma immediately

EDWARD GROSS VS. BOROUGH OF FORT LEE (L-5742-15, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 23, 2018

a waiver of sovereign immunity." … Nor did any DPW workers notify their superior in accordance with established protocol when such defects are observed.

SCHENCK-FAISON v. CITY OF NEWARK

District Court, D. New Jersey · Nov 8, 2024

Yet, their brief identifies two defenses they intend to assert: qualified immunity and immunity pursuant to the New Jersey Tort Claims Act. (See ECF No. 51 at 19-20). … While the Court does not opine on the merits of these defenses, if established, immunity-based defenses could provide a complete defense to Plaintiff’s claims.

ORTIZ v. DEJOY

District Court, D. New Jersey · Oct 15, 2024

. § 1915, the Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … Because Plaintiff sufficiently establishes his inability to pay, the Court will GRANT his IFP application. See D.E. 1-1.

Stuchin v. Kasirer

237 N.J. Super. 604 · New Jersey Superior Court Appellate Division · Jan 11, 1990

Defendants unequivocally chose to forego this known claim, clearly establishing a waiver. East Orange v. Board of Water Commissioners, 41 N.J. 6, 17 (1963). … now N.J.S.A. 31:1-1(e)(1)) provides an exemption for loans "in the amount of $50,000.00 or more," subject to exceptions not here pertinent. [3] Therefore assuming arguendo that the increase in interest rate after default qualifies

State v. Smith

32 N.J. 501 · Supreme Court of New Jersey · May 23, 1960

Defense counsel were also authorized to engage, at public expense, the services of a qualified physician to study the autopsy report and assist in the preparation and trial of the case. … It was clearly established that she as well as Smith’s wife was among those interviewed during the interval. Part of this time was also taken up by the detectives and defendants eating.

Torres v. Lucca's Bakery

487 F. Supp. 2d 507 · District Court, D. New Jersey · May 22, 2007

Indeed, Savukinas’ testimony regarding the email clearly indicates that Oshikiri determined which safety standards were followed: I went to Mr. … Wilcox is not qualified as an expert to testify about the issues in this case.

DURHAM v. KELLEY

District Court, D. New Jersey · Oct 13, 2021

Eleventh Amendment Immunity As an initial matter, Plaintiff brings claims against Defendants in their official and individual capacities. (See ECF No. | J§ 5-20.) … “To establish a claim under 42 U.S.C. § 1983, a plaintiff must demonstrate a violation of a right protected by the Constitution or laws of the United States that was committed by a person acting under the color of state

In Re 1115 Legal Service Care

110 N.J. 344 · Supreme Court of New Jersey · May 24, 1988

The program is said to qualify as a tax-exempt group legal service plan under Section 120 of the Internal Revenue Code, 26 U.S.C. § 120 . … This is made clear by additional information that appears at the bottom of the page containing the letterhead, namely, the. words “A Multi-Employer Funded Legal Service Plan Established Through Collective Bargaining.”

BD. OF TRUSTEES OF TCHRS'. PENSION v. La Tronica

81 N.J. Super. 461 · New Jersey Superior Court Appellate Division · Dec 16, 1963

Deficits do arise in the Fund's reserves where abnormal salary adjustments are made just prior to or at the time a member qualifies for benefit, since the actuarial salary projections for contributions do not make allowance … Clearly the actions of the local boards and the subsequent demands of the respondents have a something-for-nothing color to them which *471 should be deplored.

Magistrini v. One Hour Martinizing Dry Cleaning

180 F. Supp. 2d 584 · District Court, D. New Jersey · Jan 4, 2002

Ozonoff clearly is qualified to testify as an expert in this case. 2. Dr. Ozonoffs Opinion a. Dr. Ozonoffs October 1, 1997 Report Dr. Ozonoffs testimony is proffered to establish the medical cause of Ms. … “[A] broad range of knowledge, skills and training qualify an expert as such.” Paoli, 35 F.3d at 741 . This Court finds that Dr. Jandl is qualified to opine on the issue of medical causation in this case. 2.

THORPE v. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVSION OF PENSIONS AND BENEFITS

District Court, D. New Jersey · Oct 11, 2024

The Court held that naming Ignatowitz and Kelly did not overcome the Eleventh Amendment bar previously identified, as Plaintiff did “not clearly allege how Mr. Ignatowitz and Mr. … Here, Plaintiff’s IFP application establishes her inability to pay the filing fee, as the application states that Plaintiff has a monthly income of only $2,802 and liquid assets worth only several hundred dollars, but

Yormack v. FARMERS'COOPERATIVE ASS'N. OF NJ

11 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Jan 22, 1951

Furthermore it was not necessary for the plaintiff to prove by direct evidence the causal relation between the use of the carbolineum and the injurious result; it could be established by circumstantial evidence. … The power to confine a new trial to the question of damages is exercised with caution and only in those cases where it clearly appears that the improper inducements or impulses did not affect the other issues.

In Re G-1 Holdings Inc.

420 B.R. 216 · District Court, D. New Jersey · Nov 12, 2009

Each of the Debtors was and is qualified to be a debtor under section 109 of the Bankruptcy Code. … Constitution had abrogated sovereign immunity in the bankruptcy court.

Capella v. Board of Education

145 N.J. Super. 209 · New Jersey Superior Court Appellate Division · Nov 16, 1976

Clearly, appellants are not engaged in a “full-time” occupation when they work for three hours on two nights a week. … In addition to the factors found to be significant in Schulz, we also noted the fact that the teacher there involved was not paid at the rate of pay established by the salary guide for a regular teacher but rather at a daily

State v. David Bass(072669)

224 N.J. 285 · Supreme Court of New Jersey · Mar 7, 2016

In this case, the trial court properly declined to give the “intruder” charge because the evidence clearly established that defendant voluntarily invited Shabazz and Sinclair into his motel room. … established that defendant invited Shabazz and Sinclair into his motel room.