Case law

First Atlantic Federal Credit Union v. Perez

391 N.J. Super. 419 · New Jersey Superior Court Appellate Division · Mar 27, 2007

Here, the mere reference to "expenses" in N.J.S.A. 12A:4-103(e) hardly qualifies as an exception to our strict "American" rule. … Here, Lira Capital's pleading clearly reflects an objectively reasonable belief that the actions of a third party, defendant Perez, were a direct cause of BOA's putative loss, and thus it was entirely proper for Lira Capital

McKenney v. JERSEY CITY MED. CENTER

330 N.J. Super. 568 · New Jersey Superior Court Appellate Division · May 10, 2000

Incontrovertible evidence established that De's conduct fully comported with this established hospital procedure. Thus, plaintiffs would have been unsuccessful had they moved to vacate the summary judgment. … The fact pattern to which the principles of Anderson most readily apply is where a plaintiff was `clearly helpless or anesthetized.'

Rezem Family Associates, LP v. Borough of Millstone

423 N.J. Super. 103 · New Jersey Superior Court Appellate Division · Apr 15, 2011

“The second task is to identify a ‘right, privilege or immunity’ secured to the claimant by the Constitution or other federal laws of the United States.” Ibid. (quoting 42 U.S.C. § 1983 ). … With respect to Rezem’s alternative argument that it did in fact rely on the Van Dyke defendants’ professional work in advising municipal officials, the complaint clearly alleges that Rezem did not accept the accuracy of

Town of Secaucus v. United States Department of Transportation

889 F. Supp. 779 · District Court, D. New Jersey · Apr 17, 1995

In order to have standing, a plaintiff must establish that he has suffered an “injury in fact.” Id. … If plaintiffs cannot establish this statutory prohibition, they cannot establish the first requirement for preliminary injunctive relief, a likelihood of success on the merits.

M.S. v. Mullica Township Board of Education

485 F. Supp. 2d 555 · District Court, D. New Jersey · Apr 12, 2007

Bliss’ report establishes that in September, 2003, M.S., Jr. was performing poorly in certain areas, especially fine motor grasping, but there is no evidence in the record establishing with any particularity the extent of … Moreover, § 300.502 clearly assumes that the disabled child is living within the district from which reimbursement is sought.

PALISADES SAFETY & INS. ASS'N v. Bastien

344 N.J. Super. 319 · New Jersey Superior Court Appellate Division · Oct 10, 2001

Here it is clear from the affidavit submitted by Palisades' underwriting manager that representations about resident household members and drivers are relied upon to establish premiums. In Longobardi v. Chubb Ins. … Clearly, it is "prospectively reasonably relevant" to an auto carrier whether it is insuring one resident driver or two, particularly with respect to no-fault benefits such as PIP where the exposure is potentially $250,000

DOUG PERKINS VS. BOROUGH OF MANASQUAN (L-2916-17, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 8, 2021

there is no 'beach' for purposes of the immunities intended by N.J.S.A. 59:4-8." … And clearly [defendant] had in fact taken steps to warn against that condition.

In re the estate of Woolsey

67 N.J. Eq. 574 · New Jersey Superior Court Appellate Division · Nov 21, 1904

The will was admitted to probate and the executors named duly qualified and took upon themselves the burden of executing the duties of their office. … slightest justification for the result reached, for this particular fund was, by the testator’s will, made subject to these very payments, if the other income from the estate was not sufficient; that it was insufficient clearly

In re S.D

399 N.J. Super. 107 · New Jersey Superior Court Appellate Division · Mar 20, 2008

and unmistakably established); Fairfield Leasing Corp. v. … Moreover, our state has had a clear and longstanding public policy favoring the immunization of remedial measures from negative inferences. See Szalontai v.

Miller v. Miller

1 N.J. Eq. 386 · New Jersey Court of Chancery · Oct 15, 1831

Mont *389 gomery, 2 Ves. jr. 195, the lord chancellor says, “I take it to be the established law, that no court, not even the ecclesiastical court, has any original jurisdiction to give a wife separate maintenance.” … By marriage with a woman, the husband is entitled to an absolute or qualified right to all her estate, real and personal; and the effects of the marriage are, that the husband and the wife are accounted one person, and he

DOE v. HILLSBOROUGH TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Aug 30, 2024

In addition, because Plaintiff’s claims have been dismissed as time-barred or for not meeting the pleading standards of Rule 12(b)(6), the Court need not address Defendants’ qualified immunity arguments at this stage. … Dec. 21, 2017) (declining to determine qualified immunity after dismissing § 1983 claim); Manion v. Sarcione, 192 F. Supp. 2d 353, 357 (E.D. Pa. 2001) (same). IV.

STATE OF NEW JERSEY VS. ELEX HYMAN(10-11-2077, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 16, 2017

However, the proponent must establish "the field of inquiry . . . [is] generally accepted such that an expert's testimony would be sufficiently reliable." … [The agent] was clearly qualified; that her credentials were established after she began her substantive testimony, rather than at its outset, did not affect [the defendant's] substantial rights."

Beasley v. Passaic County

377 N.J. Super. 585 · New Jersey Superior Court Appellate Division · May 26, 2005

First, the County claims plaintiff failed to establish that plaintiff performed a "whistle-blowing" activity, and second that plaintiff failed to establish that the actions taken against him by the County qualified as retaliation … The County also argues that the alleged actions taken against plaintiff did not qualify as retaliation under CEPA.

ALLEN

District Court, D. New Jersey · Feb 9, 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 … Even under the liberal reading this Court gives to her Complaint, there is nothing in the pleading from which the Court could infer that any Defendant qualifies as a state actor. [Compl. at 4.] Rather, Ms.

Holster v. Bd. of Trustees of Passaic County College

59 N.J. 60 · Supreme Court of New Jersey · Jul 9, 1971

A. 18A:64A-1 et seq., and must be examined in the context of *63 that legislation to be clearly understood. … No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally qualified voters of the State voting thereon.

Selimo v. Hartshorn

99 N.J. Super. 146 · New Jersey Superior Court Appellate Division · Feb 1, 1968

Ultimate success or failure in that litigation is of no moment on this application, since the Legislature clearly intended that plaintiff undertake the imperative duty of exhausting his remedy by prosecuting such action in … Nevertheless, it is manifest from the purpose of the legislation that a claimant must exert "all reasonable efforts" in the process of exhausting his available remedies, in order to qualify for payment.

In Re the Loans of the New Jersey Property Liability Insurance Guaranty Ass'n

124 N.J. 69 · Supreme Court of New Jersey · May 16, 1991

No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally *74 qualified voters of the State voting thereon____ [N.J. … A90-252 for repayment of the PLIGA loans clearly fall within the types of assurances of future payments that this Court has traditionally found not to be “debts.”

In Re Probate of Will of Lee

389 N.J. Super. 22 · New Jersey Superior Court Appellate Division · Nov 30, 2006

He noted that "Minerva's will clearly lays out that there are to be specific legatees which are to take place before distribution to the charitable institutions," and therefore found "no reason that the Charities are in fact … The doctrine of probable intent is long established in New Jersey's jurisprudence.

Maglies v. Estate of Guy

193 N.J. 108 · Supreme Court of New Jersey · Dec 12, 2007

In 1991, she qualified for a voucher issued through the federal Section 8 program. … See Singer, supra, at 189 (“When there is an ambiguity in a remedial statute, it should be construed to meet the cases which are clearly within the spirit or reason of the law, or within the evil which it was designed to

Isolantite, Inc. v. United Electrical, Radio & MacHine Workers of America

132 N.J. Eq. 613 · Supreme Court of New Jersey · Dec 5, 1942

Board, supra), and so-long as “rights” of suitors otherwise established are not impaired. … It completely ignores the settled principles that the workingman’s right to picket, as a “means of communication,” is a qualified right. His picketing must be peaceful. Cf. Milk Wagon Drivers Union v.