Case law

Children's Seashore House for Invalid Children v. Atlantic City

68 N.J.L. 385 · Supreme Court of New Jersey · Nov 17, 1902

shall not *388 claim stieli immunity by virtue of that act. … The use of the word in the statute under consideration is clearly within the rule here suggested.

Andris Arias v. County of Bergen

Supreme Court of New Jersey · Jan 22, 2026

Van Saun Park was established in 1960. It is located within the suburban confines of Paramus, New Jersey, and is owned and operated by Bergen County. … As the parties’ arguments reflect, the question of immunity in this case turns on the effect of statutory amendments on factors established in pre- amendment case law.

Deal v. Velez

244 F. Supp. 3d 435 · District Court, D. New Jersey · Mar 20, 2017

Defendants argue that they are entitled to sovereign and/or qualified immunity under the Eleventh Amendment. … Eleventh Amendment Sovereign Immunity The Eleventh Amendment incorporates a general principle of sovereign immunity that bars citizens from bringing suits for damages against any State in federal court.

In Re Application of Waterfront Com'n of Ny Harbor

39 N.J. 436 · Supreme Court of New Jersey · Mar 4, 1963

Moreover, at its hearing on October 27, 1961, the Commission clearly recognized the defendants’ right to assert the privilege when it granted them immunity against prosecution. … : “It [the statute] does give ample protection against the use of such testimony in our own tribunals, and it is perfectly well established that this is a sufficient immunity; that all that the state is required to or can

Wild v. Carriage Funeral Holdings, Inc.

458 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Mar 27, 2019

It also shields qualifying users from civil penalties and other administrative actions. N.J.S.A. 24:6I-6(b). … On the other hand, plaintiff alleges a disability that qualified his use of medical marijuana.

Acevedo v. Essex County

207 N.J. Super. 579 · New Jersey Superior Court Appellate Division · Aug 21, 1985

Plaintiff has failed to establish the elements for negligent infliction of emotional distress. The law concerning recovery for negligent infliction of emotional distress is clearly set forth in Portee v. … THE INDIVIDUAL DEFENDANTS HAVE IMMUNITY BECAUSE AN INCORRECT AUTOPSY REPORT IS A MISREPRESENTATION UNDER N.J.S.A. 59:3-10, FOR WHICH THERE IS IMMUNITY. THIS IMMUNITY FOLLOWS TO THE COUNTY.

Woodstown Borough v. Friends Home at Woodstown

12 N.J. Tax 197 · New Jersey Tax Court · Jan 24, 1992

The claimant who asserts a tax exemption has the burden of proof to clearly bring itself within the tax exemption provisions. Long Branch v. … I conclude that the facts presented herein clearly establish that the two residential buildings of Woods Court are not exclusively used for charitable purposes.

Sandler v. BD. OF ADJUSTMENT OF SPRINGFIELD TP.

113 N.J. Super. 333 · New Jersey Superior Court Appellate Division · Feb 16, 1971

To this qualified extent the statutory policy is for a period of enforced immobility of the local regulatory power relative to the particular subdivision development. [ 64 N.J. Super. at 291-292 ] In Levin v. … As noted, the statute does not fix a period of immunity after final approval.

L.E. AND P.T. VS. THE PLAINFIELD PUBLIC SCHOOL DISTRICT VS. A.D. AND R.B. (L-2513-15, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

456 N.J. Super. 336 · New Jersey Superior Court Appellate Division · Oct 5, 2018

The Act establishes the general principal of sovereign immunity, which is subject to exceptions, and specific grants of immunity. … Although the decision to qualify an expert under N.J.R.E. 702 is vested in the trial court's discretion, State v.

State v. New York Yearly Meeting of Friends

61 N.J. Eq. 620 · New Jersey Superior Court Appellate Division · Jan 18, 1901

But there should be a renewed earnestness of the membership in this important work; and with the hope that the Lord will bring this to pass and that he will also raise up some especially qualified for such a field of labor … hat this legatee must come clearly within the words of the act which gives it immunity, I am of the opinion that it is clearly included within the statutory language. The decree of the orphans court should be affirmed.

Stollenwerk v. Township of Mullica

316 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Nov 20, 1998

To establish a willful or wanton injury it is necessary to show that one with knowledge of existing conditions, and conscious from such knowledge that injury will likely or probably result from his conduct, and with reckless … When in the light of common experience and judicial precedents the facts and circumstances alleged clearly do not constitute such conduct, the mere fact that plaintiffs characterize them as willful or wanton is not sufficient

Siligato v. State

268 N.J. Super. 21 · New Jersey Superior Court Appellate Division · Oct 26, 1993

The judge also denied defendants' motion for partial summary judgment dismissing the complaint against Sheeran on qualified immunity grounds and their motion for an order limiting the scope of damages. … immunity.

Fanelli v. City of Trenton

135 N.J. 582 · Supreme Court of New Jersey · Jun 7, 1994

The court determined that the ordinance had been authorized under the State’s police power and established pursuant to the authority delegated to municipalities by the statutes authorizing the establishment of SIDs. … That authorization clearly meets the Hattie requirement that the anticompetitive action be a foreseeable result of the state authorization.

Maudsley v. State

323 N.J. Super. 579 · New Jersey Superior Court Appellate Division · Jul 27, 1999

immunity. … II In Point I, plaintiffs argue that the trial court erred in dismissing the § 1983 claims against the County defendants based on defendants’ qualified immunity. We decline to address this point.

Fenning v. SG Holding Corp.

47 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Oct 21, 1957

established ( LaPorta v. … privilege, a much lesser form of immunity, usually inducing a jury issue as to elements of malice, reasonable cause, good faith and the like.

Endl v. New Jersey

5 F. Supp. 3d 689 · District Court, D. New Jersey · Mar 13, 2014

UMDNJ As to Defendant UMDNJ, sovereign immunity from suit under Section 1983 is less certain. Whether UMDNJ qualifies as a state entity for purposes of Section 1983 is an unsettled question. … As established above, sovereign immunity and the Eleventh Amendment require dismissal of Counts 1-6 on jurisdictional grounds as to the State actors.

Manley v. YMCA of Plainfield

275 N.J. Super. 656 · New Jersey Superior Court Appellate Division · Jun 14, 1994

In addition, municipal welfare directors [MWD's] will establish worksites to which they will assign recipients. .... … Regarding the status of the plaintiff, the court stated: We do not construe ... the category of those qualifying as beneficiaries to include persons who derive no benefit from the charitable institution but render some service

Bowers v. NATIONAL COLLEGIATE ATHLETIC ASS'N, ACT

171 F. Supp. 2d 389 · District Court, D. New Jersey · Nov 7, 2001

Having established the proper standard, I now turn to whether Title II does, in fact, validly abrogate Tennessee's sovereign immunity. … The United States has clearly made the grant of any federal funds contingent on waiver of a recipient state's sovereign immunity from suit under Section 504 of the Rehab. Act.

Nazzaro v. United States

304 F. Supp. 2d 605 · District Court, D. New Jersey · Jan 28, 2004

first time, this Court must examine CAP’s origin, structure, goals, aims and funding to determine if it qualifies as a charitable organization entitled to immunity under the NJCIA. 1. … Therefore, the Civil Air Patrol qualifies for charitable immunity under the New Jersey Charitable Immunity Act and the Court will grant its motion for summary judgment as to Counts II and III. B.

State Board of Assessors v. Morris & Essex Railroad

49 N.J.L. 193 · Supreme Court of New Jersey · Nov 15, 1886

Their exemption was qualified by their duties and dependent upon them. … Nor is the operation of the act of 1865 controlled or qualified by the fact that the supplements to the charter after the date of that act are repealable.