Case law

JEFFREY C. GILBERT VS. WARREN COUNTY PROSECUTOR (L-0128-19, WARREN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 30, 2021

Defendants further contend they are insulated from liability under principles of absolute or qualified immunity. … Given the circumstances, the court found that defendants were immune from liability.

State v. Rose

458 N.J. Super. 610 · New Jersey Superior Court Appellate Division · Apr 24, 2019

The request must be made "clearly and unequivocally." … Although the right to self-representation may be waived by conduct, the conduct must clearly establish that the defendant intentionally relinquished a known right.

River Nile Invalid Coach & Ambulance, Inc. v. Velez

601 F. Supp. 2d 609 · District Court, D. New Jersey · Mar 9, 2009

(B) Has oversight procedures to monitor beneficiary access and complaints and ensure that transportation is timely and that transport personnel are licensed, qualified, competent, and courteous. … River Nile argues that this "contract of adhesion” does "not clearly express that the provider would be waiving a protected property right by entering into the contract.” (Plt.’s Summ. J. Mot. at 15.)

DeSanto v. Rowan University

224 F. Supp. 2d 819 · District Court, D. New Jersey · Aug 22, 2002

A treating physician does not need to be qualified as an expert, pursuant to Fed.R.Evid. 702, if he or she is only called as a fact witness, to establish diagnosis or treatment. Heller v. … DeSanto, however, has failed to identify any qualified expert who can establish that Defendants’ conduct proximately caused DeSanto’s medical problems.

WAITERS v. REPUBLIC BANK

District Court, D. New Jersey · May 2, 2024

patrons of that establishment; or (5) any establishment that contains a covered establishment, and which holds itself out as serving patrons of that covered establishment. … Banks are not enumerated establishments qualifying as public accommodations under the plain text of Title II. See Jarvis v. Wells Fargo Bank, N.A., 2022 WL 1663568, at *3 (D. Md.

Alexander v. New Jersey Power & Light Co.

21 N.J. 373 · Supreme Court of New Jersey · Apr 23, 1956

The Utility sought a surcharge of 5% on newly established rates to recoup a past deficiency in gross revenue. The rate counsel defended the Board’s order in the judicial proceedings; Mr. … That which is clearly implied is as much a part of the law as that which is expressed. Brandon v. Montclair, 124 N. J. L. 135 (Sup. Ct. 1940), affirmed 125 N. J. L. 367 (E. & A. 1940).

Bigelow v. Cassedy

26 N.J. Eq. 557 · Supreme Court of New Jersey · Mar 15, 1875

But even in such case, the general rule must be qualified by limiting it to such securities as continue to exist, and do not by payment become extinguished as to the principal debtor. … By *562 the civil law, when a second creditor paid the prior creditor, or deposited the amount of the debt on his refusal to receive payment, he established his own right.

Pb v. Th

370 N.J. Super. 586 · New Jersey Superior Court Appellate Division · Jul 8, 2004

Without such a requirement, a paid nanny or babysitter could theoretically qualify for parental status. … [I]t clearly indicates that this child has an incredibly close relationship with [P.B.] ... far more than a neighbor, far more than a babysitter which [T.H.] at one point tried to portray [P.B.], far more than a godmother

State v. Mellillo

77 N.J.L. 505 · Supreme Court of New Jersey · Nov 27, 1908

If the word “necessary” *510 in the language last quoted be qualified as it was in the preceding clause by the words “or reasonably appears to him to be so/’ the error complained of would be cured. … We are speaking now of cases like the present in which the defendant's act of homicide, if the facts to which he testified be believed, was clearly justified.

Desai v. St. Barnabas Medical Center

103 N.J. 79 · Supreme Court of New Jersey · Jun 30, 1986

Plaintiff is a qualified medical doctor, having been licensed to practice medicine in New Jersey in June of 1978. … A denial predicated upon exclusionary policies fostering only the well-being of those staff members who are already admitted would clearly be in derogation of the spirit of Falcone .

Flax v. United States

847 F. Supp. 1183 · District Court, D. New Jersey · Jan 12, 1994

One exception to this waiver of immunity is commonly referred to as the “discretionary function exception.” … Clearly, no policy guideline or regulation could dictate the exact course of pursuit the agents were to take, and this situation demanded that the agents exercise their discretion throughout the entire surveillance.

Hodges v. Klein

421 F. Supp. 1224 · District Court, D. New Jersey · Oct 1, 1976

Moreover, while not absolutely immune from personal liability, prison officials do have a qualified immunity from liability as to acts performed within the scope of their official duties. Knell v. … The record discloses no evidence of subjective bad faith, or that any defendant acted with such disregard for the plaintiffs’ clearly established constitutional rights that his actions could be fairly characterized as being

Bowen Engineering v. Estate of Reeve

799 F. Supp. 467 · District Court, D. New Jersey · Sep 17, 1992

Reeve’s control of overall operations at Bowen and his active participation in the North Branch site qualifies him as an “operator” for purposes of CERCLA. … In order for the concealment to be deliberate, the seller clearly must have knowledge of the defect. There is no evidence suggesting that.

THIEME v. CARVAJAL

District Court, D. New Jersey · Nov 30, 2023

established.” 68 F.4th at 839. … The Court finds that the Mask Memorandum clearly outlines a course of conduct that could not be disobeyed by prison staff.

Swider v. Ha-Lo Industries, Inc.

134 F. Supp. 2d 607 · District Court, D. New Jersey · Mar 20, 2001

He need *623 only show that he had the education and experience necessary to qualify for the position he held. … Plaintiff also argues that he was qualified to remain with defendant and that his performance was satisfactory.

Amador Castro v. State of New Jersey

New Jersey Superior Court Appellate Division · Dec 11, 2024

"Under the TCA, immunity [for tort liability] is the rule and liability is the exception." Posey v. … Apart from proof of notice, to establish liability against a public entity under N.J.S.A. 59:4-2, a claimant must establish a prima facie case that the action or inaction of the public entity was "palpably

Gallagher v. Irvington

190 N.J. Super. 394 · New Jersey Superior Court Appellate Division · Jul 11, 1983

Section 9.4 must also be read in pari materia with N.J.S.A. 11:22-16 which establishes the rule-of-three. … Other interpretations must be rejected because they were clearly not intended and would render the statute meaningless or produce absurd results.

Edwards v. Leopoldi

20 N.J. Super. 43 · New Jersey Superior Court Appellate Division · May 27, 1952

conception and rationalization of cases of this nature to excommunicate the agreement embodied in the constitutions and laws of labor unions from the family of contracts and to deem the relationship sui generis and largely immune … In those cases Lord Wright explains that the court exercises a power to qualify the literal terms of the contract in order to do what is just and reasonable in consequence of the occurrence of a supervening event.

In re Eligibility of Certain Assistant Union County Prosecutors

301 N.J. Super. 551 · New Jersey Superior Court Appellate Division · May 27, 1997

At issue is whether assistant county prosecutors qualify as “policemen” and are eligible for membership in the Police and Firemen’s Retirement System (PFRS). … by an agency authorized to establish these requirements on a Statewide basis, or comparable physical and mental fitness requirements as determined by the board of trustees.

Michael Hopson v. Anthony Cirz

New Jersey Superior Court Appellate Division · Jul 1, 2025

"[O]ur state election laws are designed to deter fraud, safeguard the secrecy of the ballot, and prevent disenfranchisement of qualified voters." … However, even a "straightforward" statute "must be read in light of the broad purpose of the election laws to prevent disenfranchisement of qualified voters." Gray-Sadler, 164 N.J. at 476.