Case law

Lippincott v. Wikoff

54 N.J. Eq. 107 · New Jersey Court of Chancery · Oct 15, 1895

The present act of 1870 was then passed, and, in its broad and comprehensive form, this section seems' to me clearly to reach a proceeding in the orphans court or before the surrogate for the probate of this will, and to … Justice Chitty qualify, to some extent, the broad doctrine laid down in Alexander v.

Gabriele Pietz-Vogel v. Cathy Oliver-Hommes

New Jersey Superior Court Appellate Division · May 15, 2026

Defendant argued dismissal was warranted because the litigation privilege immunized her alleged statements as they related to the guardianship litigation and were a product of that action. … The court clearly indicated if an appeal was filed the award would be stayed. Thus, we are convinced the court appropriately awarded fees, committing no abuse of discretion.

State v. McLaughlin

205 N.J. 185 · Supreme Court of New Jersey · Mar 3, 2011

It explained that those statements “were clearly relevant to prove the conduct of [Serrano] and defendant[,]” and that Serrano’s “state of mind was also relevant as proof of [his] commission of the crimes for purposes of … Kemp, 195 N.J. 136, 149 , 948 A.2d 686 (2008), and that their admission was error “of such a nature as to have been clearly capable of producing an unjust result[.]” R. 2:10-2; State v.

State v. K.S. (072608)

Supreme Court of New Jersey · Jan 8, 2015

The Legislature also codified the PTI Program by enacting N.J.S.A. 2C:43-12, which largely adopted the procedures and guidelines established by Rule 3:28. … To overturn a prosecutor’s decision to exclude a defendant from the PTI Program, the defendant must clearly and convincingly show that the decision was a patent and gross abuse of discretion.

Perth Amboy Gen. Hosp. v. BD. OF CHOSEN FREEHOLDERS OF CTY. OF MIDDLESEX

158 N.J. Super. 556 · New Jersey Superior Court Appellate Division · Apr 11, 1978

If the county adjuster, who administers the program for the county, is satisfied the care qualifies for credit, it is figured in. … What about the statutory language, "Payment * * * shall be at rates established by the commissioner?"

Mahoney v. Mahoney

182 N.J. Super. 598 · New Jersey Superior Court Appellate Division · Feb 9, 1982

Leveck's contention that Inman had established in Kentucky the principle that a professional license was a marital asset, the court explained that In Inman , the only way by which equity could have been achieved was by the … A person qualified by education for a given profession may choose not to practice it, may fail at it, or may practice in a specialty, location or manner which generates less than the average income enjoyed by fellow professionals

MORRIS

District Court, D. New Jersey · Jun 3, 2026

See Exhibit 5 to Complaint at 50. 5 now, a qualified immunity analysis.'4 * * * … does not place the burden upon a litigant of establishing facts peculiarly within the knowledge of his adversary.”); Makdisi v. U.S. Dep’t of State, 2026 WL 1217053, at *9 (D.N.J.

State v. Garthe

145 N.J. 1 · Supreme Court of New Jersey · Jun 27, 1996

Romano, supra, we held that the results of a Smith & Wesson breathalyzer test generally would be admissible in evidence in DWI prosecutions when the breathalyzer instrument is in proper working order, is administered by a qualified … Those conditions *9 must clearly be established by the standard conventionally referred to as “clear and convincing proof.” Id. at 90 , 474 A.2d 1 .

United States Ex Rel. Haskins v. Omega Institute, Inc.

11 F. Supp. 2d 555 · District Court, D. New Jersey · Jul 2, 1998

Plaintiff has merely established that Marra was the teacher of the course and prepared the course description. … fail to qualify under Rule 41(a)(1).

Reiff v. Convergent Technologies

957 F. Supp. 573 · District Court, D. New Jersey · Feb 28, 1997

Kroemer reports, biomechanical research “clearly established” a connection between CTDs, keying force, repetition, and posture, and efforts were made to lessen required keying force and improve keying posture. … Thus, as a preliminary matter, a proponent of expert testimony must establish his expert is qualified and his testimony is admissible by a preponderance of the evidence. See Daubert v.

JAMES v. THE SUPERIOR COURT OF NEW JERSEY

District Court, D. New Jersey · Jul 20, 2023

Fourth, and finally, Plaintiff's ADA claim, as alleged, is barred by sovereign immunity under the Eleventh Amendment. (ECF No. 54-3 at 21-28.) … If Plaintiff intended to plead such a claim, it was incumbent on him to say so clearly in his pleadings. See DeShields v. Int’l Resort Properties Lid., 463 F.

State ex rel. Carlo

48 N.J. 224 · Supreme Court of New Jersey · Nov 21, 1966

Ed. 2d 84, 94 (1966), to the effect that cases have held that a juvenile is not entitled to bail, indictment by grand jury, speedy and public trial, trial by jury, confrontation of accusers, and immunity against self-incrimination … The person’s own words are most important and such can best be assured by a fairly conducted question and answer interrogation taken down steno-graphically and then transcribed by a qualified reporter. * * *” 32 N.

Taylor Oil Co. v. Giordano

210 N.J. Super. 159 · New Jersey Superior Court Appellate Division · May 16, 1986

The corporations incurred these debts in the course of a credit relationship established with plaintiff by Giordano, Sr. while he was operating as Giordano Heavy Equipment Rental, a sole proprietorship. … These facts, moreover, clearly do not amount to "knowledge" as defined by the Partnership Act. Nor do they compel a conclusion of imputed knowledge.

State v. Trump Hotels & Casino Resorts, Inc.

160 N.J. 505 · Supreme Court of New Jersey · Aug 2, 1999

Read literally, the Casino Amendment dedicates to eligible senior and disabled citizens “the State revenues derived” from the “establishment and operation of ... gambling establishments.” … V The parking fees authorized by L. 1993, c. 159, clearly constitute State revenue.

Burack v. Mayers

121 N.J. Eq. 135 · New Jersey Court of Chancery · Oct 30, 1936

Therefore the great certainty of proof required in reformation cases is not requisite and suretyship may be established by a mere preponderance of evidence. … Clearly the value of Mayers' mortgage was enhanced and not impaired by the recasting of the prior mortgage and the payment of tax arrears. Complainant was not injured. The bill will be dismissed.

Burdick v. Grimshaw

113 N.J. Eq. 591 · New Jersey Court of Chancery · Sep 12, 1933

No reason has been shown nor suggested why complainant's adoption should have ever been discussed as was testified to by complainant's uncle, especially since it clearly appears from his own testimony that Joseph Senger was … By means of them and the testimony of witnesses who speak under bias and great temptation, yet conscious of their practical immunity from detection, the savings of one's entire lifetime may be pilfered and even snatched away

State v. Cass

52 N.J.L. 77 · Supreme Court of New Jersey · Nov 15, 1889

As an additional warranty, that is an addition to the contract, the present representations were clearly inadmissible. … Nor, on the other hand, does it appear that an express affirmance of personal knowledge is to be taken as fixing conclusively the defendant’s liability, for it may be so qualified by the facts-stated as to convey a modified

Franz v. Raymond Eisenhardt & Sons, Inc.

732 F. Supp. 521 · District Court, D. New Jersey · Feb 28, 1990

The defendant may demonstrate this in two ways: it may show that the plaintiff is unable to establish a prima facie case of discrimination; or, if the plaintiff has successfully established a prima facie case, the defendant … Clearly, the evi-dentiary value of the age of the replacement will depend on the other evidence of discrimination (direct and/or circumstantial) utilized in the attempt to establish the prima facie case. See Maxfield v.

Estate of Berg v. Director, Division of Taxation

17 N.J. Tax 256 · New Jersey Tax Court · Mar 25, 1998

Inge and Werner testified that the transfers for all three women were made in response to rising nursing home care costs and in an attempt to accelerate their qualifying for Medicaid. … Such action indicates an intent to preserve the decedent’s assets and estate for her heirs and clearly constitutes a testamentary disposition.

In Re the Burlington County Board of Chosen Freeholders for an Investigation of the Office of Sheriff

99 N.J. 90 · Supreme Court of New Jersey · May 6, 1985

The prima facie case had been established. … The Department of the Public Advocate is established under N.J.S.A. 52:27E-2.