Case law

Central Hanover Bank & Trust Co. v. Hutchinson

22 N.J. Super. 78 · New Jersey Superior Court Appellate Division · Oct 3, 1952

Hutchinson, Jr., qualified as executors and trustees. McElheny died January 26, 1935, leaving Archibald A. … Upon the death of Hutchinson, Jr., the plaintiffs qualified as successor trustees under the will of Hutchinson, Sr. The Twenty-fourth clause of Hutchinson, Sr.'

Wade v. United States

865 F. Supp. 216 · District Court, D. New Jersey · Feb 15, 1994

The government argues that under these specific definitions, plaintiff does not qualify for attorney’s fees under either the administrative costs provisions or the litigation costs provisions. … The TAMRA amendment clearly provides for recovery of expenses incurred in administrative disputes, but limits the award to costs incurred after the position of the United States is established in one of two specified ways

Bates Mfg. Co. v. Bates Numbering Mach. Co.

172 F. 892 · U.S. Circuit Court for the District of New Jersey · Sep 25, 1909

Words which form a part of the common stock of: the language may become so thoroughly identified with some one person's business or goods that, it is quite possible that the use of them alone without any qualifying words … prospective purchasers to change orders, proposals, and awards calling for a “Bates Numbering Machine,” so as to describe or specify a machine or machines of other make than that of the complainant, without at the same time clearly

Wynwood Condominium Ass'n v. Twin Trees Development Co.

250 N.J. Super. 510 · New Jersey Superior Court Appellate Division · May 15, 1991

Clearly, N.J.S.A. 46:8B-9(f) was enacted to protect condominium homeowners, with regard to the common elements of the project. … This statute, however, has been construed to confer municipal immunity only for discretionary mistakes, not clerical ones. Tontodonati v.

Hague v. Hague

84 N.J. Eq. 674 · New Jersey Court of Chancery · Jul 23, 1915

His letter to her, after she left him in December, 1910, shows clearly his dissatisfaction of her course and a desire for her return. … If *680 within two years of the filing of the petition, then the cause had not ripened; if before the two years, the evidence does not establish it.

Becton Dickinson and Co. v. Wolckenhauer

24 F. Supp. 2d 375 · District Court, D. New Jersey · Oct 28, 1998

Even a cursory review of the record shows that Becton Dickinson cannot establish the second and third elements. … Moreover, even assuming that the September 24, 1996 restitution order created in plaintiff a property interest within the meaning of § 7426, such an interest would clearly be junior to the Government’s interest, which was

Wood v. DEPT. OF COM. AFFAIRS

243 N.J. Super. 187 · New Jersey Superior Court Appellate Division · Aug 15, 1990

Judge Baime, then of the Law Division, rejected the defendant's contention, concluding that such a view, which would presuppose a legislative intent to immunize members of the Legislature for conduct which has historically … Establishment; allocation within department of state; office defined. There is hereby established in the Executive Branch of the State Government the Office of Administrative Law.

State v. R.K.

220 N.J. 444 · Supreme Court of New Jersey · Feb 3, 2015

This exercise of discretion depends on the strength of the State’s case because the testimony may have already been established by prior witnesses. Id. at 169-70 , 578 A.2d 370 . … While C.G.’s credibility was clearly relevant, other witnesses are prohibited from giving their opinions about her credi *461 bility.

L.T. VS. TOWNSHIP OF OCEAN BOARD OF EDUCATION (L-1284-15, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 28, 2020

The facts developed during discovery do not clearly establish that the police were involved in ministerial acts while they were monitoring the football game. … We need not, however, decide that issue because the facts clearly establish that there was no causation. We recognize that causation is usually a question for the jury. L.E. v. Plainfield Pub. Sch.

Davis v. Township of Paulsboro

371 F. Supp. 2d 611 · District Court, D. New Jersey · May 25, 2005

Because both parties clearly rely on matters outside the pleadings, this Court has treated the motion as one made under Fed.RXiv.P. 56. 3 . … As amended, N.J.S.A. 59:3-l(c) specifically states that “[a] public employee is not liable for an injury where a public entity is immune from liability for that injury.”

State of New Jersey v. Deshaun P. Wilson

442 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Sep 10, 2015

real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree . . . . 4 At trial, defense counsel never clearly … The Court went on to say: Business and public records are generally admissible absent confrontation not because they qualify under an exception to the hearsay rules, but because — having

VAN DUYNE v. KESSELMAN

District Court, D. New Jersey · Oct 20, 2020

immunity. … as qualified immunity, but in an official-capacity action, these defenses are unavailable).

New York SMSA Limited Partnership v. BOARD OF ADJUSTMENT OF THE TOWNSHIP

324 N.J. Super. 166 · New Jersey Superior Court Appellate Division · Aug 3, 1999

Plaintiff's application clearly violated the prohibition against towers within 200 feet of any residential zone. … Under the ordinance, it was plaintiff's obligation to establish a need for the new facility at the proposed location.

McClendon v. Continental Group, Inc.

113 F.R.D. 39 · District Court, D. New Jersey · Oct 21, 1986

The court finds plaintiffs’ counsel to be qualified and experienced in class action litigation in this area. … By following the model established in Franks , this action can be managed in an efficient and fair way.

In re Paterson Redevelopment Agency

141 N.J. Super. 414 · New Jersey Superior Court Appellate Division · May 4, 1976

All of these five qualified on the basis of more than a year’s service for the Housing Authority of the City of Paterson. … The Eedevelopment Agency clearly falls within this definition. It is engaged in service to the public for one municipality and its revenue is derived from other than State funds.

State of New Jersey v. Horace Blake

444 N.J. Super. 285 · New Jersey Superior Court Appellate Division · Feb 26, 2016

Therefore, his counsel was obliged to comply with the standard of practice established in Padilla, which was given prospective effect. Chaidez v. … First, defendant places undue weight on the statements of the trial judge to establish that his plea counsel provided ineffective assistance.

Miller v. Beneficial Management Corp.

776 F. Supp. 936 · District Court, D. New Jersey · Oct 18, 1991

Although Miller was a member of the protected class, Miller fails to establish she was qualified for the position and salary paid to Walsh. … Valley Forge Sewer Auth., 839 F.2d 171, 174 (3d Cir.1988) (“inability to establish satisfactory performance of his supervisory duties would ... preclude Spangle from establishing that he was qualified to assume the position

State v. MJK

369 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jun 9, 2004

It was in these aspects of the experts' analyses that the divergence of opinions most clearly exposed the flaws in Joseph's methodology. … Joseph is not, in general, qualified to determine competence to stand trial.

DEL PRIORE v. Edison Tp.

425 N.J. Super. 440 · New Jersey Superior Court Appellate Division · Mar 29, 2012

an evidentiary hearing was desirable in order to establish the Township's reasons for its actions. … Clearly, if the Township continued to grant fully retroactive refunds, there would either be less money for other needs or it would be necessary to raise additional tax monies from non-exempt taxpayers.

HOBBS v. UNITED STATES DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR OF LABOR

District Court, D. New Jersey · Feb 28, 2023

Notably, however, “a State is not a ‘person’ within the meaning of § 1983,” as, absent waiver of immunity, “t]he Eleventh Amendment bars such suits.” See Will v. Mich. … “In order to make out a prima facie case of disability discrimination under the ADA, [a plaintiff] must establish that she (1) has a disability, (2) is a qualified individual, and (3) has suffered an adverse employment