Case law

United States v. State of NJ

658 F. Supp. 9 · District Court, D. New Jersey · Oct 14, 1986

DISCUSSION The Justice Department in initiating this action, sought to enjoin use of the existing promotion lists because they were the product of clearly unlawful exams. … There is little question that this court has the discretion to order affirmative action here, even given the rigorous threshold these rulings establish.

IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF BORDENTOWN, ETC. (L-1579-15, BURLINGTON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 14, 2022

The agreement established the Township's Third Round fair share obligation for affordable housing and provided a plan for its compliance. … The court correctly found that the Township established a prima facie case of compliance, and the burden then shifted to Bergman to establish it failed to do so.

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.

Winne v. County of Bergen

21 N.J. 311 · Supreme Court of New Jersey · Mar 26, 1956

J. 8. 24:158-14 would indeed have little effect and the county prosecutor would have been singled out as the only state or county official immune from the common-law principles applied in Be Marco. … power in displacing the prosecutor in the instant matter is no longer open to question and, under the applicable common-law principles, denial of the plaintiff’s claim for salary during the period of his displacement is clearly

Redding v. Burlington County Welfare Board

123 N.J. Super. 572 · New Jersey Superior Court Appellate Division · Apr 27, 1973

been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with any one of several listed redatives and who is age-qualified … In this the AFDC program differs from several other assistance programs established by the State.

Giordano v. MGC Mortgage, Inc.

160 F. Supp. 3d 778 · District Court, D. New Jersey · Feb 16, 2016

Oct. 30, 2015) (“[T]o the extent plaintiff incurred fees for postage, he cannot recover for mailing the qualified written request itself.”); Steele v. … Plaintiff’s Complaint clearly alleges that MGC has exhibited a pattern or practice of noncompliance with the requirements of RESPA.”) (citation omitted). .

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

Vincent Hager v. M & K Construction (084045) (Statewide)

Supreme Court of New Jersey · Apr 13, 2021

Congress is empowered to amend the CSA via an appropriations action provided “it does so clearly,” see Robertson, 503 U.S. at 440, and the most recent appropriations rider, in the Court’s view, “clearly is intended as a substitute … “Qualifying medical condition[s]” include “chronic pain.” N.J.S.A. 24:6I-3.

Lewis v. American Cyanamid Co.

294 N.J. Super. 53 · New Jersey Superior Court Appellate Division · Sep 26, 1996

Still on direct examination, he then qualified that testimony by explaining that P-22 could not be used as the sole propellant. … The court's instructions did not adequately focus the attention of the jury on plaintiff's possible future damages and was "clearly capable of producing an unjust result." R. 2:10-2.

State v. Hauptmann

115 N.J.L. 412 · Supreme Court of New Jersey · Oct 9, 1935

It was not that Kelly had not been qualified as an expert. … There was much more evidence tending to establish his guilt.

TOMMOLILLO v. COLUMBIA BANK

District Court, D. New Jersey · Mar 28, 2024

First, Plaintiffs’ asserted claims against the SBA Defendants clearly all arise from alleged contractual rights rather than sounding in tort. … As this is clearly a request for injunctive relief, and injunctive relief against the SBA is barred by sovereign immunity, Plaintiffs’ claim for equitable estoppel must be dismissed with prejudice. v.

Pfizer Inc. v. Teva Pharmaceuticals USA, Inc.

855 F. Supp. 2d 286 · District Court, D. New Jersey · Apr 12, 2012

Finally, the prosecution history of the patents clearly indicates that the patentees defined the controlled release formulation with reference to the fluctuation index. See, e.g. … Rather, whether a compound qualifies as an active moiety depends on what compound is administered as the active ingredient.”

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

Sumner v. Seaton

47 N.J. Eq. 103 · New Jersey Court of Chancery · May 15, 1890

Smith, but the map-shows it most clearly. … Y. 310 ), much relied upon by defendant, is clearly distinguishable.

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.

Texas Eastern Transmission Corp. v. Department of Treasury

11 N.J. Tax 198 · New Jersey Tax Court · Jun 4, 1990

These amendments establish a new test which broadens that court definition. … It was also clearly the intent of the Legislature that oil refineries, for instance, be classified as real property.

Triano v. Division of State Lottery

306 N.J. Super. 114 · New Jersey Superior Court Appellate Division · Dec 11, 1997

However, the Lucky Anniversary game rules clearly state under Section 12-Final Decision, that “[t]he Director shall make all final deci *121 sions regarding the awarding of prizes.” … We noted that the State could have established the program by administrative rules and could have provided for agency adjudication of claims.

Eberhart v. LG Electronics USA, Inc.

188 F. Supp. 3d 401 · District Court, D. New Jersey · May 24, 2016

Nor does he allege prices for comparable televisions without the deceptive advertising or with clearly expressed, accurate refresh rates. … This matter clearly does not fall within this exception.

Protection Building & Loan Ass'n v. Knowles

54 N.J. Eq. 519 · New Jersey Court of Chancery · May 15, 1896

He has the power to protect himself by a qualified or conditional transfer or by any legal mode of creating a lien to secure himself for unpaid purchase-money. … I think, the burden of showing that the indirect *530 or circumstantial evidence relied on clearly establishes ,a negligence on Smith’s part which deprives his client of the benefit of the statute and imposes on it all the

United States v. Ben Grunstein & Sons Company

137 F. Supp. 197 · District Court, D. New Jersey · Jan 17, 1956

Thus (5) since the evidence in the case at bar clearly establishes the value of the meat, which defendant was under contract to , deliver, that value, less the value of the meat in fact delivered, is the just measure of the … For this recovery should • go under such facts, if, and when, liability is established. 1 .