Case law

Dwyer v. Ford Motor Co.

36 N.J. 487 · Supreme Court of New Jersey · Jan 22, 1962

Naturally, the onus of establishing connection between a heart attack death and the work effort rests on the compensation claimant. … There are certain matters of opinion which the ordinary person, by reason of everyday knowledge, experience and judgment is qualified to express.

Margaritell v. Caldwell Twp.

58 N.J. Super. 251 · New Jersey Superior Court Appellate Division · Nov 12, 1959

Morris qualified, and she acted as sole executrix and trustee. … It thus clearly appears that at no time after Burt S.

Anzano v. Metropolitan Life Ins.

32 F. Supp. 417 · District Court, D. New Jersey · Apr 1, 1940

The proofs here fall clearly within the first clause. Gross v. Commercial Casualty Ins. Co., 90 N.J.L. 594 , 101 A. 169 ; Teitelbaum v. … The defense was not able to produce any evidence from qualified witnesses bearing upon the existence of syphilis dn the insured, and the defense here would rest upon the disclosure in the death certificate.

McGuinness v. Barnes

294 N.J. Super. 519 · New Jersey Superior Court Appellate Division · Nov 16, 1994

Defendant objects to the plaintiff's using his statements at trial, arguing that it is prejudicial because it is not proper evidence to establish a standard of care; because it is barred by the doctrine of sovereign immunity … Their effect instead is clearly inhibitive; rather than facilitating the illumination of truth, they shut out the light. ........

Baptist Home of South Jersey v. Bor. of Riverton

201 N.J. Super. 226 · New Jersey Superior Court Appellate Division · Mar 27, 1984

N.J.S.A. 40:55D-23a provides for the creation of a planning board and establishes its membership. … The educational mission of a regional high school is clearly a "special reason" within the meaning of the statute just cited.

Joseph H. Reinfeld, Inc. v. Schieffelin & Co.

94 N.J. 400 · Supreme Court of New Jersey · Oct 6, 1983

established goals of temperance and free-handed dealing within the liquor industry. … Midcal Aluminum, Inc., 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980), and identified two criteria for antitrust immunity under Parker .

Mauk v. Hoffman

87 N.J. Super. 276 · New Jersey Superior Court Appellate Division · Apr 8, 1965

In view of these decisions, this court is of the opinion that the boards of freeholders of these three counties are clearly malapportioned and that the afore-mentioned statutes of New Jersey are unconstitutional. … The procedure to be followed to select a small board of freeholders is to file a petition with the county clerk, signed by 10% of the qualified voters, as evidenced by the total number of votes cast in the county at the next

Driscoll v. Burlington-Bristol Bridge Co.

82 F. Supp. 975 · District Court, D. New Jersey · Feb 25, 1949

Russell & Co., supra: ‘The federal nature of the right to be established is decisive — not the source of the authority to establish it.’ Here the right to be established is one created by the state. … Today, even more clearly than in the past,‘the federal nature of the right to be established is decisive — not the source of the authority to establish it.’. Id.”

Anzalone v. Westech Gear Corp.

141 N.J. 256 · Supreme Court of New Jersey · Jul 26, 1995

Federal government contracting is an area that is clearly committed to federal control and raises special federal concerns. Id. at 504 , 108 S.Ct. at 2514 , 101 L.Ed. 2d at 453 (citation omitted). … Justice Scalia then announced the three-part test for identifying those instances when a military contractor is entitled to immunity.

PELLA

District Court, D. New Jersey · Feb 25, 2026

)(2)(B) requires courts to review the complaint and dismiss claims that are: (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune … For the reasons below, as presently pleaded, this claim fails the established pleading standard.

In Re Application of Greenville Bus Co.

17 N.J. 131 · Supreme Court of New Jersey · Dec 20, 1954

Massoth, a qualified transportation and traffic consultant, testified at length in support of the proposed new line. … Cone, a qualified traffic engineer employed by the Public Service Coordinated Transport.

Levchuk v. Jovich

372 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Feb 4, 2004

The procedure established to obtain relief under the prior reference requires a review of the successive rules. … Clearly, this vague and non-specific inclusion does not comport with the intent or mandate of the salient court rule.

Sabino v. Director

14 N.J. Tax 501 · New Jersey Tax Court · Mar 1, 1995

Sabino have not established to the Division’s satisfaction that the Direct Expenses were ordinary and necessary expenses of Peat Marwick’s business of accountancy. … Clearly, the Legislature alone possesses this power. See Regs. § 1.162-15. "In general.

Cramer v. Sharp

49 N.J. Eq. 558 · New Jersey Superior Court Appellate Division · May 15, 1892

The evidence entirely fails to establish it. … This is undoubtedly true where a part of the next of kin, even a majority, ask for the appointment of a stranger against the will of one of their own number, who is willing to take the appointment and qualified to be the

HELMS v. DEGNER

District Court, D. New Jersey · Mar 6, 2025

“Individual defendants who are policymakers may be liable under § 1983 if it is shown that such defendants, ‘with deliberate indifference to the consequences, established and maintained a policy, practice or custom … “Plaintiff’s inability to maintain the highest manners possible (or his embarrassment ensuing from having another person in the cell while [p]laintiff uses the toilet) cannot qualify as a violation of

In Re Gross Mfg. & Importing Co.

328 F. Supp. 905 · District Court, D. New Jersey · Jul 16, 1971

Conceivably, when *911 there is a tardy filing, the true consignor’s retained title might be equated to a security interest and thus qualify as a transfer defined in the Bankruptcy Act. … This clearly shows that the intent was something other than a “true consignment” and was intended to make the creditor-supplier secure.

Febus v. Barot

260 N.J. Super. 322 · New Jersey Superior Court Appellate Division · Nov 19, 1992

It then stated the following: Clearly, expert testimony as to the nature of such risks is necessary. … It did not alter the rule of Calabrese that proof of a risk recognized by the professional community must come from a qualified expert.

State v. Lambert

275 N.J. Super. 125 · New Jersey Superior Court Appellate Division · Mar 11, 1994

Spivey, supra, 65 N.J. at 36 , 319 A. 2d 461 : The standard to be applied in determining whether one is capable of standing trial was clearly set out in State v. … Hartman's post-trial opinion as to defendant's competency to stand trial, the doctor qualified his opinion by a special note, stating: "It is always my recommendation, especially where questions of culpability or other delicate

Saks v. Ng

383 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Feb 8, 2006

(Soloway), who was qualified as an expert in ophthalmology and the administration of anesthesia by ophthalmologists. … Clearly, Soloway did not establish the foundation for the res ipsa charge as required by Buckelew .

State v. Weeks

107 N.J. 396 · Supreme Court of New Jersey · Jun 25, 1987

Hence, the instruction did not clearly require the jury to find that defendant had shared the purpose to commit a robbery with a weapon. … But see NJ.S.A. 2C:ll-3a(3) qualifying the felony murder rule in New Jersey.