Case law

Harvey Nobel & Beaverbrook Motors, Inc. v. Director, New Jersey Division of Motor Vehicles

19 N.J. Tax 153 · New Jersey Tax Court · Jun 19, 2000

Under IFTA, New Jersey is required to refund tax to qualifying vehicle users amounts constituting credits for fuel purchased in New Jersey and used out of state. … constitute justification, in law or equity, for this court to create an exception for this taxpayer, who should have had knowledge of these Regulations prior to the sampling period, and accept the taxpayer’s proofs which are clearly

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 .

Falcone v. Middlesex County Medical Society

34 N.J. 582 · Supreme Court of New Jersey · May 8, 1961

Ct. 1958), the plaintiff, an experienced and qualified machine operator, applied for membership in Local 162. … The doctrinal controversy between the American Medical Association and the American Osteopathic Association need not detain us since the record establishes that Dr.

Nextel of NY, Inc. v. Bd. of Adjustment

361 N.J. Super. 22 · New Jersey Superior Court Appellate Division · Jun 3, 2003

It is clearly not expert testimony. But I think that it's something that a board is entitled to take into account. … Nevertheless, the Board, in reaching its decision, assumed that the pre-existing antennas at the proposed locations qualified as a nonconforming use.

RIYAZ v. INTEGRA LIFE SCIENCES

District Court, D. New Jersey · May 1, 2025

Upon review, the Court finds that Plaintiff has established indigence and grants the IFP Application. … Discrimination To establish a prima facie case of discrimination under the ADA, Plaintiff must adequately allege that: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to

Clifford v. Heller

63 N.J.L. 105 · Supreme Court of New Jersey · Jan 4, 1899

This is clearly a misconception of the situation. … If anything is needed to establish the correctness of this view, it is found in clause 13 of article 5, which reads as follows: “In case of the impeachment of the governor, his absence from the state or his inability to discharge

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).

Chao v. Local 54, Hotel Employees & Restaurant Employees International Union

166 F. Supp. 2d 109 · District Court, D. New Jersey · Oct 9, 2001

In other words, proof of a violation establishes a prima facie case that the outcome of the election may have been affected and shifts the burden to the defendant to show that the established violation did not affect the … Because the statute clearly and unambiguously requires that notice be sent to last known address of all union members, these undisputed figures conclusively establish a violation of the election notice provisions of the LMRDA

Howell v. Ashmore

9 N.J. Eq. 82 · New Jersey Court of Chancery · May 15, 1852

The whole statement of the case by the bill shows, I think clearly, that the suit was commenced after the plaintiff's title accrued, but before he had his deed recorded. … The defendant must answer, either admitting, denying or qualifying all the circumstances upon which it is contended that if the defendant will speak, notice, though denied, will appear.”

Township of Chester v. Panicucci

62 N.J. 94 · Supreme Court of New Jersey · Jan 22, 1973

Proof of that occurrence would, of course, establish possession of a loaded gun, the act both the ordinance and the statute forbid. … A. 23 :4 — 16 as it existed when the ordinance was adopted except for the omission of the qualifying phrase “for the purpose of hunting, taking or killing any bird or animal.”

In re the Expungement of the Criminal Records of R.Z.

429 N.J. Super. 295 · New Jersey Superior Court Appellate Division · Jan 28, 2013

He wasn’t the hub, but within his spoke he was clearly one of the central players.” … The petitioner bears the burden because only the lack of a conviction for a prior or subsequent crime qualifies the petitioner to seek expungement in the first instance.

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 .

Durkin v. Board of Fire Commissioners

89 N.J.L. 468 · Supreme Court of New Jersey · Dec 7, 1916

The ¡-enure of office is qualified by tbe continuance of the office.” Counsel for the prosecutor does not contend that under Newark v. … We think the present case is clearly within the reasoning of Newark v. Lyon.

Executors of Shinn v. Executors of Paterson

17 N.J.L. 322 · Supreme Court of New Jersey · Nov 15, 1839

the accounts are balanced between the parties; the jury shall find for the defendant, and, “ unless the plaintiff or plaintiffs prosecute as executors or administrators,” the defendant shall recover his costs, which is clearly … Dig. 506, qualifies the rule contained in the former statute.

State v. McGuire

419 N.J. Super. 88 · New Jersey Superior Court Appellate Division · Mar 16, 2011

He had previously been qualified twice to testify in courts as an expert *432 in plastic bag manufacturing and identification. … The testimony was clearly not admissible under N.J.R.E. 406 as evidence of Bill's habit or routine of leaving wives.

State of New Jersey v. Ivonne Saavedra

433 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Dec 24, 2013

Quinlan did not establish such a bright-line rule as defendant suggests. … 14 A-1449-12T4 rather than a public employee like defendant, contended that her employer discriminated against her when it promoted a less qualified

MCCLINE

District Court, D. New Jersey · Jul 7, 2026

Holiday, 436 F.2d 1079, 1079 (3d Cir. 1971)); and WHEREAS a litigant “must establish that he is unable to pay the costs of his suit,” Hurst v. Shalk, 659 F. … App'x 133, 134 (3d Cir. 2016), and “bears the burden ‘to provide the Court with the financial information it needs to make a determination as to whether [they] qualify for IFP status.” Gray v.

Regan v. Regan

246 N.J. Super. 473 · New Jersey Superior Court Appellate Division · Dec 11, 1990

After Francis Regan's death, his surviving spouse qualified as administratrix of the estate. In December 1989, she commenced an action in the Chancery Division for partition. … Clearly, Virginia Regan gave Francis Regan the right to mortgage or encumber the property in any manner and for any amount he saw fit. Mr.

Imre v. Riegel Paper Corp.

43 N.J. Super. 289 · New Jersey Superior Court Appellate Division · Jan 11, 1957

modern, more pragmatical, decisional law regarding the protection of certain classes of intruders on the lands of another is reducing the precedential impressiveness of the much earlier decisions, and shrinking the former immunities … The continued existence of the clearly apparent path to the dumping ground was, it is argued, an inviting accommodation to trespassers to make use of it in their excursions to the river, and of this endangering enticement

SANDRA SMITH, ETC. VS. CITY OF NORTH WILDWOOD (L-0324-16 AND L-0331-16. CAPE MAY COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Jan 8, 2021

A-1832-18T1 6 immunity from liability provision of the Tort Claims Act, N.J.S.A. 59:4 -8 and 4-9, and was otherwise immune because plaintiff could not establish the subject beach … N.J.R.E. 702 identifies when expert testimony is permissible and requires the experts to be qualified in their respective fields. N.J.R.E. 703 addresses the foundation for expert testimony.