Case law

Public Service Electric & Gas Co. v. Local 94 International Brotherhood of Electrical Workers

140 F. Supp. 2d 384 · District Court, D. New Jersey · Apr 6, 2001

“Had it received the NRC’s vote of confidence, Section 7.2 would have ratified the qualified support for arbitration which appeared in the Commission’s April 1991 commentaries.” Id. at 16 . … The court further found that the NRC regulation “clearly contemplates the notion of both rehabilitation and reinstatement.” Id.

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.

CIC Corp. v. East Brunswick Tp.

266 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jul 2, 1993

But clearly a balancing of equal protection interests must come down on the side of upholding this Ordinance. .... … East Brunswick also claims that the number of taverns, as distinguished from eating establishments, in the Township is negligible.

CHABAD OLD TAPPAN, INC. VS. BOROUGH OF OLD TAPPAN (L-8946-18, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 27, 2020

Andresini issued a comprehensive written opinion in which he concluded Chabad's property qualified for the parsonage exemption for tax year 2017. … The court concluded Chabad did not establish the denial of a substantive legal right under either the federal or state constitutions or laws.

LDM, Inc. v. PRINCETON REG. HEALTH COMM.

336 N.J. Super. 277 · New Jersey Superior Court Appellate Division · Aug 29, 2000

structurally enclosed area generally accessible to the public in theaters, gymnasiums, libraries, museums, concert halls, auditoriums, or other similar facilities which are neither owned or leased by a governmental entity or qualify … This is clearly the case here.

The Passaic Daily News v. Blair

63 N.J. 474 · Supreme Court of New Jersey · Aug 8, 1973

The Rule also requires the Division to respond to inquiries as to whether a particular job qualifies for a bona fide occupational qualification in respect of one of the ordinarily illegal preference criteria. … Ed. 1262 (1942), and since they-were of an illegal character, held them beyond Eirst Amendment immunity from prosecution pursuant to a state police-power regulation.

In Re Military Service Credit

378 N.J. Super. 277 · New Jersey Superior Court Appellate Division · Jun 14, 2005

We may intervene only in those "rare circumstances in which an agency['s] action is clearly inconsistent with its statutory mission or other state policy." Ibid. … The latter clearly applies only to teaching staff members employed by local school districts, regional boards of education and county vocational schools.

Mullany v. Mullany

4 N.J. Eq. 16 · New Jersey Court of Chancery · Jan 15, 1837

But if the intention of the testator had been more clearly expressed to debar the defendant, Mullany, from his curtesy, another question arises, How far that intention shall prevail? … He says, “ The devisor seems to have had two intentions, which are inconsistent; one was to give an estate in fee to the feme covert, the- other to qualify it in such manner as that her husband should have no power over it

East Rutherford Syringes, Inc. v. Omega Precision Medical Instrument Co.

152 F. Supp. 497 · District Court, D. New Jersey · Jun 26, 1957

It is well established that the adaptation of an old process to a new use, clearly indicated by the prior art, is not invention. Lovell Mfg. Co. v. … Hilbert, a patent attorney and qualified chemist, called as a witness by the plaintiff.

Sheen v. Sheen

126 N.J. Eq. 132 · New Jersey Court of Chancery · Aug 24, 1939

One doctor gets paid. 2 Bogert 1163 § 373 , says: "Trusts for the maintenance of existing health and the prevention of disease are clearly charitable, and are probably to be classed as eleemosynary. … be divided into six equal shares, each share to be devoted in each year as a prize for the best results achieved during each year in the six classes specified, and to be paid to such man or woman throughout the world who qualified

In Re Mechanics Trust Co.

119 N.J. Eq. 141 · New Jersey Court of Chancery · Nov 4, 1935

None of the participating certificate holders in the instant case have established a loss under the guarantee held by them; their claim is only contingent and uncertain. … It is only arbitrary restraint and impairment of contracts (article 1, section 10), not immunity from reasonable regulations to safeguard the public interests, that the federal constitution prohibits. Miller v.

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

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

NORIEGA v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Jun 15, 2022

It is well established that the United States is not subject to suit for constitutional torts, including the civil rights claims Plaintiff seeks to raise, and is entitled to absolute sovereign immunity. … As explained by the Honorable Kevin McNulty in dismissing the same type of claim brought by another federal pretrial detainee, the standing orders at issue here “were clearly issued in a judicial rather than administrative

THIEME v. CARVAJAL

District Court, D. New Jersey · Mar 21, 2023

Qualified Immunity This Court has determined that it should not imply a damages remedy for Plaintiffs’ Bivens claims. … Thus, the Court need not address Defendants’ qualified immunity defense. IV.

In Re Henn

114 N.J. Eq. 452 · New Jersey Court of Chancery · Nov 14, 1933

Under article 1, section 8, paragraph 4 of the constitution of the United States, congress is given the power "to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the … The receivers qualified and took possession of the corporate property in those states.

State v. Vogt

342 N.J. Super. 368 · New Jersey Superior Court Appellate Division · Jun 25, 2001

On appeal defendant contends: POINT I THE STATE DID NOT ESTABLISH JURISDICTION TO ENFORCE ITS LAW ON THE FEDERALLY OWNED PORTION OF HIGBEE BEACH. … The *383 defendant clearly violated the state regulations by entering a restricted area. As such, the defendant was clearly guilty of the State violation.

DCPP VS. K.K. AND S.C., IN THE MATTER OF THE GUARDIANSHIP OF C.C. (FG-03-0043-19, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Oct 29, 2020

On appeal, K.K. argues the trial judge's conclusion that the Division of Child Protection and Permanency (Division) "clearly and convincingly" established all four prongs of the best interests standard embodied in N.J.S.A … clearly wants to remain permanently in the care of his [resource] mother."