Case law

State v. Keys

331 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Dec 18, 1998

Defense counsel states that "trial counsel had what many defense counsel like to have when trying to establish an affirmative defense for their clients ... independent and unbiased evidence establishing an affirmative defense … Clearly, defendant decided to assert his right to remain silent.

Alexander S. v. Paramus Bor.

243 N.J. Super. 157 · New Jersey Superior Court Appellate Division · Aug 8, 1990

The Law Division, however, is the forum best qualified to deal with most of the kinds of legal questions that relate to municipal action but not to the direction and control of COAH proceedings. … To the extent that it challenges the validity of the zoning amendments, it is not too late, because it was filed within the permitted 45 day period established by R. 4:69-6(a).

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.

J.L. v. G.D.

422 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Nov 4, 2010

Between the Act and the DVPM, all three branches of New Jersey Government have participated in establishing the existing protocols utilized in domestic violence cases. … In the present case, however, the minor plaintiff independently qualifies as a “victim” under the Act because she actually had a dating relationship with her alleged abuser.

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.

ALSTON

District Court, D. New Jersey · Apr 30, 2026

They argue that the Agreement “does not apply to [the security aspect] of their relationship” and that “a trust and confidence relationship was clearly implied between the parties.” … Div. 1987) for the proposition that “[w]hile generally a depository bank handling a forged check may claim immunity against the payee under N.J.S.A. 12A:3–419(3), that immunity may be lost where the depository bank acted

Kline v. McGuckin

24 N.J. Eq. 411 · New Jersey Court of Chancery · Feb 15, 1874

The evidence produced by the oral examination of the witnesses at the hearing, established conclusively that the deed was not given or intended as an absolute conveyance, but only as a security, and the consequence of this … The latter may be used to deceive and keep creditors at bay quite as easily as the former, and they are more liable to occasion contention and litigation between the parties to them, than deeds whose conditions are clearly

COSTELA v. HUDSON COUNTY CORRECTIONAL & REHABILITATION CENTER

District Court, D. New Jersey · Feb 20, 2025

This Court has reviewed Plaintiff’s in forma pauperis application and concludes that he qualifies to proceed without prepayment of the filing fee. … Plaintiff has not alleged facts that would support a reasonable inference that Director Scott established a policy or custom that violated his constitutional rights.

Century Indemnity Co. v. Simon

77 F. Supp. 221 · District Court, D. New Jersey · May 3, 1948

It is our opinion that the evidence is clearly to the contrary. … Hartford Accident & Indemnity Co. 3 Cir., 142 F.2d 154 . *227 It is our opinion, however, that the iiability of Century is clearly independent of the “omnibus” clause of the policy; its liability is established by the express

State v. Kadelak

258 N.J. Super. 599 · New Jersey Superior Court Appellate Division · Aug 6, 1992

These kinds of considerations, being legislative, are entitled to great weight and are matters upon which the court should not substitute its judgment unless the statute clearly treads on Fourth Amendment protections. … Penalties for affixing a private inspection approval sticker without first determining that the vehicle meets the standards established by law remain the same.

Robert Strauss v. Board of Education of the Borough of Metuchen, Etc.

New Jersey Superior Court Appellate Division · Feb 2, 2024

Strauss was previously diagnosed and treated for auto-immune conditions. … Strauss argues the Commissioner's finding was unfounded because his medical documentation clearly established his inability to appear or perform his teaching duties in-person. Because Dr.

LUCIOTTI v. THE BOROUGH OF HADDONFIELD

District Court, D. New Jersey · Sep 29, 2023

The details from the manufacturer clearly show support below the entire trash rack on all four sides. … Putting aside the question of whether Defendant can establish that it is ultimately immune under the plan-or-design immunity of the TCA, Plaintiffs have presented enough evidence raising a genuine issue as to whether the

JACKSON v. SEIFRIED

District Court, D. New Jersey · Jul 19, 2023

“To state a claim under Title II of the ADA, [a plaintiff] must establish that: ‘(1) he is a qualified individual; (2) with a disability; (3) who was excluded from participation in or denied the benefits of the services … Here, Defendant does not contest that Plaintiff is a “qualified individual with a disability.”

State v. D'Ippolito

19 N.J. 540 · Supreme Court of New Jersey · Oct 31, 1955

Of what avail is it, then, for courts to exclude incompetent evidence if counsel may, under the guise of argument, state facts which are not in evidence, and clearly inadmissible? … I am not persuaded that the prosecutor's unfinished statement engendered prejudice utterly *552 immune to the remediable process of an appropriate instruction.

State v. Jones

425 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Apr 17, 2012

He asserts that the oxycodone testimony established nothing other than the criminal propensity that N.J.R.E. 404(b) forbids. … We reverse defendant's conviction and remand for a new trial, as these errors were clearly capable of producing an unjust result. I.

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 .

New Jersey Turnpike Authority v. Parsons

3 N.J. 235 · Supreme Court of New Jersey · Dec 5, 1949

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.” … This view flies in the face of long established principles with respect to the status of public corporations in the field of government.

Kyriazi v. Western Electric Co.

461 F. Supp. 894 · District Court, D. New Jersey · Oct 30, 1978

The evidence in this case establishes clearly and convincingly, the sagacity of Chief Judge Breitel’s language in Pace College v. *926 N. Y. … Miss Kyriazi then asked if it was true that a Member needed to be appraised outstanding for 2~/2 years before qualifying for Senior.

Jehovah's Witnesses Assembly Halls of New Jersey, Inc. v. City of Jersey City

597 F. Supp. 972 · District Court, D. New Jersey · Oct 10, 1984

These activities clearly come within the permitted theater use. It was intended that there be large gatherings of people. This kind of activity clearly comes within permitted convention hall use. … Proceedings before a Board of Adjustment do not qualify as a judicial proceeding, and, therefore, Younger abstention is inappropriate. Younger v.

American Humanist Ass'n v. Matawan-Aberdeen Regional School District

440 N.J. Super. 582 · New Jersey Superior Court Appellate Division · Feb 4, 2015

As observed by the United States Supreme Court, “[t]he fact that the Founding Fathers believed devotedly that there was a God and that the unalienable rights of man were rooted in Him is clearly evidenced in their writings … over the heart, except that pupils who have conscientious scruples against such pledge or salute, or are children of accredited representatives of foreign governments to whom the United States government extends diplomatic immunity