Case law

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

DILLARD v. MORRIS COUNTY PROSECUTOR'S OFFICE

District Court, D. New Jersey · Aug 24, 2020

Qualified Immunity Finally, the Court finds that Speirs, Murzenski, and McNamara are not entitled to qualified immunity. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

In Re Murtha

115 N.J. Super. 380 · New Jersey Superior Court Appellate Division · Jul 6, 1971

Sister Margaret was permitted to testify in order to establish the facts upon which she based her claim of the priest-penitent privilege. … In our own research we have found no authority, textual or decisional, to support the contention now advanced that a nun qualifies for the privilege.

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.

In the Matter of Registrant R.S.

Supreme Court of New Jersey · Jul 2, 2024

Normally [R.S.] would qualify for the incest exception [to internet notification] however due to his status as repetitive and compulsive AND the fact he has multiple victims … Turning to this appeal, the Megan’s Law judge found that R.S.’s conduct was clearly and convincingly repetitive and compulsive.

In Re Bennett

180 N.J. Super. 406 · New Jersey Superior Court Appellate Division · Feb 23, 1981

Originally the effect of the delegation was merely to give the Chancellor the power to grant the custody of the lunatic, "but after the Court of Chancery became well established, successive holders of the great seal imported … The plebiscite clearly mandates, and the amendment clearly envisions, the transfer of function of the Probate Court to the Chancery Court.

Township of South Brunswick v. New Jersey Turnpike Authority

129 N.J. Super. 126 · New Jersey Superior Court Appellate Division · Jun 17, 1974

The statement on the project was to be prepared in accordance with guidelines to be established by the Commissioner of Environmental Protection. N. J. S. … There was also qualified opposition expressed by representatives of South Brunswick with respect to the northern terminus of the project at the existing Turnpike.

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

Wilson v. Terry

70 N.J. Eq. 231 · New Jersey Court of Chancery · Nov 2, 1905

Whether Fielder was present on the 16th does not clearly appear, but his wife was not there, and the delay of three days in conveying the property to Mrs. … Wilson to his wife was given, nor was any written agreement or other paper executed, either' at the time or afterwards, to further explain or qualify the transaction as between Mr. and Mrs. Wilson, nor does Mrs.

J.B. v. W.B. (069972)

Supreme Court of New Jersey · Aug 20, 2013

On the other hand, such a trust only qualifies as an OBRA ‘93 trust if it contains the assets of the beneficiary. … The trial court’s “‘award will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to other evidence, or the result of whim or caprice.’” Ibid. (quoting Foust v.

FRANKLIN v. THE JERSEY CITY HOUSING AUTHORITY

District Court, D. New Jersey · Aug 16, 2024

. § 3610(a)(1)(A)(i) sets a one-year statute of limitations for administrative complaints. 3 Plaintiff does not clearly state her claims in the CAC. … To establish standing, a plaintiff must prove three elements: (i) a plaintiff suffered an “injury in fact”4 that is “concrete and particularized”5 and “actual or imminent, not conjectural or hypothetical”; (ii) that the

Knauer v. Clevenger

116 N.J. Eq. 293 · New Jersey Court of Chancery · Jun 19, 1934

Wills was adjudicated a bankrupt and thereafter complainant was appointed trustee of the bankupt's estate and qualified as such. … the fact that the officers of the bank had reason to be suspicious of the bankrupt's insolvency, but it falls short of establishing that they had reasonable cause to believe that he was insolvent."

Decapua v. Bell Atlantic-New Jersey, Inc.

313 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Jan 21, 1998

In a test established in McDonnell Douglas v. … Addressing his claim, Judge Mikva stated: Apparently, we have never had occasion to state clearly that the second type of “background circumstance” may create a prima facie ease by itself.

Kansel v. U.C.C. of N.J.

136 N.J.L. 614 · Supreme Court of New Jersey · Feb 19, 1948

From the statutory provision that employing units which employ less than eight men are not subject to assessment unless they assume certain relations with concerns employing that number or more we clearly have it that the … It is as important to save to the exempt organizations the immunization given by the statute as it is to bring in all employing units which are legally liable.

G.S. v. Department of Human Services

157 N.J. 161 · Supreme Court of New Jersey · Feb 17, 1999

qualifies as neglect. … Instead, she recklessly gave N.D. the entire bottle of medication. *183 That conduct clearly rises to the level of wanton or willful.

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.

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.

West Morris Regional Board of Education v. Sills

58 N.J. 464 · Supreme Court of New Jersey · Jun 25, 1971

But the purpose of this constitutional provision being to make it clear that the Legislature may (but need not) transport students to private schools, the quoted phrase seems clearly to be a restriction upon the amount of … That limit was enacted to confine the benefit to students otherwise qualified because in some individual cases the cost of transporting a single student to a private school had proved absurdly high.

State v. Harte

395 N.J. Super. 162 · New Jersey Superior Court Appellate Division · Mar 17, 2006

Blanco was qualified to testify as an expert witness at the hearing. … This evidence establishes appropriate calibration. [5] The audio and video portions of S-1 establish that the external triggers—emergency lights, sirens, brakes—were synchronized with the red light indicator for those external

BERNO A. CHALET, ETC. v. STATE OF NEW JERSEY (L-4210-21, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 24, 2022

On April 10, 2020, Governor Murphy signed Executive Order No. 124, which established a process to grant temporary reprieves to certain at-risk inmates. … Wood-El, 218 N.J. 72, 113-16 (2014) (discussing the qualified immunity doctrine).