Case law

McCrink v. West Orange

85 N.J. Super. 86 · New Jersey Superior Court Appellate Division · Oct 5, 1964

The town clerk, pursuant to N.J.S.A. 40:69A-187, examined the petition and, after determining that it bore a proper statement of the circulator and had been signed by a sufficient number of qualified voters, certified it … Although defendants-appellants now claim that all they intended by this language was to indicate their objection to any salary increase, the proposed ordinance clearly indicates an intention that the governing body may neither

State ex rel. Van Riper v. Parsons

40 N.J.L. 1 · Supreme Court of New Jersey · Feb 15, 1878

exercise all the powers heretofore conferred upon such commissions or commissioners, a board to consist of six persons, namely, one shall be chosen by the electors in each aldermanic district in said city, who shall be a qualified … related; but if a law, based on the same classifications, should provide that the former of such classes should have a certain system of laying out streets, and the latter a different system, such a classification would be clearly

Hunterdon Cent. High Sch. Bd. of Educ. v. HUNTERDON CENT. HIGH SCH. TEACHERS'ASS'N

174 N.J. Super. 468 · New Jersey Superior Court Appellate Division · Jun 19, 1980

On the petition of the board for a scope of negotiations determination, the Public Employment Relations Commission (PERC) held that the granting of such leaves, which otherwise would qualify as a term and condition of employment … Clearly, there would be no secular purpose in such provision; indeed, the sole purpose would be to permit certain teachers to be absent with pay for no reason other than religious observance, even though the number of allowable

State v. Quezada

402 N.J. Super. 277 · New Jersey Superior Court Appellate Division · Aug 13, 2008

See, e.g., N.J.S.A. 2A:53A-13 (tort immunity for volunteer firefighters); Schwartz v. … However, we cannot so hold in this case because there is no mandatory minimum established by the Legislature, and in any event, [10] the anti-merger legislation embodied in N.J.S.A. 2C:30-7 added language to that embodied

SPECIAL POLICE ORGANIZATION v. CITY OF NEWARK (L-7121-19, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 25, 2022

POINT V THE DIRECTOR IS NOT ENTITLED TO QUALIFIED IMMUNITY. … POINT IX NO PARTY DEFENDANT IS ENTITLED TO QUALIFIED IMMUNITY WITH REGARD TO VIOLATING THE CONSTITUTION, CRIMINAL LAW AND ENGAGING IN ULTRA VIRIOUS ACTS.

Gallagher v. Asphalt Co. of America

67 N.J. Eq. 441 · New Jersey Court of Chancery · May 16, 1904

But it does not follow from that that what was done was to establish a stockholders’ suit or a creditors’ suit. … Well, this is the situation as I understand it, although I cannot recollect the facts or state them as clearly as I could last week. This is the situation as I recall the affidavits.

State v. Jackmon

305 N.J. Super. 274 · New Jersey Superior Court Appellate Division · Oct 31, 1997

Ill Defendant argues that the trial court’s jury charge on accomplice liability did not comply with principles established in State v. … In this respect, the State contends that defendant’s guilt of felony-murder “clearly indicates the jury considered defendant as a principal.”

Township of Franklin v. Board of Education

74 N.J. 345 · Supreme Court of New Jersey · Sep 22, 1977

Although the Court allowed a maximum deviation of 11.9%, it clearly announced that such justifications could be of only limited utility. … board had power to appoint a county school superintendent, prepare an annual budget, levy taxes and distribute thosei which were delinquent, take charge of educational programs and supervisory services, employ teachers and establish

Ricciardi v. Ricciardi Profit Sharing Plan

630 F. Supp. 914 · District Court, D. New Jersey · Mar 14, 1986

For purposes of this section, if— (1) An employer established a retirement plan (within the meaning of section 7476(d)) qualified under subchapter D of chapter 1 of the Code within the 5-year period immediately preceding … The IRS ruled that the new plan is a qualified plan, and plaintiff has submitted proof of this. The new plan was established within five years of the termination of the old plan.

First Real Estate Inv. Trust v. Hasbrouck Heights

190 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Jun 21, 1983

It clearly failed to sustain that burden. … There is nothing in the record to indicate that plaintiff ever applied for "hardship" relief. [2] See Internal Revenue Code provisions 26 U.S.C.A. § 856 et seq. and Federal Tax Regulations § 1.856-1 et seq., applicable to qualified

In Re Civil Commitment of AEF

377 N.J. Super. 473 · New Jersey Superior Court Appellate Division · May 16, 2005

He has — he has some awareness of the way they feel so that he can fake sympathy and establish a semblance of friendship with the victims. … The admission of the opinions expressed in the prior evaluations was clearly harmless in this case.

Makky v. Chertoff

489 F. Supp. 2d 421 · District Court, D. New Jersey · May 31, 2007

To establish a prima facie case under McDonnell Douglas , Dr. … Makky cannot establish prong two, that he was qualified for the position. It is undisputed that Dr. Makky’s former position, Electronics Engineer, requires a security clearance.

Orifice v. Elizabeth Trust Co.

116 N.J.L. 110 · Supreme Court of New Jersey · Jan 31, 1936

This case holds that a general deposit in a bank creates the relationship of debtor and creditor between the bank and the depositor and establishes that if, when and so long as the respondent maintained a general deposit … L. 266, wherein the point of the holding was that a cashier’s check properly endorsed had no substantial distinction, for the purpose of qualifying a bidder on public work, from the certified check required by the conditions

Weir v. Weir

173 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Feb 21, 1980

Mey involved a question of distribution of a trust fund established for defendant before he had attained the age of 21. … In that respect the case before me and the Mueller case are clearly distinguishable from Kruger .

United States v. Villard

700 F. Supp. 803 · District Court, D. New Jersey · Nov 29, 1988

Feltman’s testimony of what he saw when he viewed Beach Boys No. 2 clearly established that the male depicted therein was either fourteen or fifteen years old. … Feltman’s testimony did not provide the necessary details for the jury to evaluate the lasciviousness of the photo, nor did his testimony establish that the child in the photo was clearly under 18 years of age.

Sheeran v. Nationwide Mutual Insurance Company, Inc.

80 N.J. 548 · Supreme Court of New Jersey · Jul 17, 1979

Under this test the instant statute clearly passes constitutional muster. … Rather, defendant should seek the Commissioner's approval for increased rates. [8] Clearly, defendant is entitled to a reasonable profit. See Helmsley v.

IN THE MATTER OF REGISTRANT J.G. IN THE MATTER OF REGISTRANT C.C. (ML-17-13-0023 AND ML-18-04-0057, MONMOUTH AND CAMDEN COUNTIES AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Apr 13, 2020

Witt was qualified as an expert in the evaluation, treatment, and risk assessment of sex offenders. He explained that he met with and evaluated J.G. … Child pornography clearly existed in 1995. As developed, the scale was to be applied to various sex offenders.

Ewell v. NBA Properties, Inc.

94 F. Supp. 3d 612 · District Court, D. New Jersey · Mar 23, 2015

“[Ojbviously, clearly, there would be some — a lot of questions if I showed up beat up in NBA Properties media trailer.” (Id. at 206). … Was Hewitt qualified for the job? Was the job given to a less qualified person of another race? Ewell offers nothing from which discrimination can be inferred.

Ferguson v. Rippel

19 N.J. Super. 424 · New Jersey Superior Court Appellate Division · May 7, 1952

They have qualified and have undertaken the administration of the estate. The will provided for the organization of a charitable foundation in memory of his wife, Fannie E. … The pertinent principles of law are too well-established to require extended citation of authority.

Midland Glass Co. v. Smith

331 F. Supp. 88 · District Court, D. New Jersey · Apr 26, 1971

The evidence clearly discloses that the defendants— Edward V. Smith and C. 0. … The Company had a right to negotiate with the established bargaining agent until such time as that bargaining agent was replaced by another.