Case law

State v. S.N.

231 N.J. 497 · Supreme Court of New Jersey · Jan 30, 2018

The court found that the State had established probable cause that defendant committed the charged offenses. … Underwood, a case involving the award of counsel fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (d), the Court provided an example of what would qualify as a “relatively explicit statutory command” that would

MATRIX DEVELOPMENT GROUP v. CITY OF NEWARK, NEW JERSEY

District Court, D. New Jersey · Jul 30, 2021

Some of the requirements for a qualifying PLA include: A. … Newark argues Plaintiffs’ Complaint does not demonstrate “how the Ordinance fails the two-part test for analyzing a law under the Privileges and Immunities Clause” established in United Bldg. & Const.

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

King v. South Jersey National Bank

66 N.J. 161 · Supreme Court of New Jersey · Dec 10, 1974

Div. 1972)) that the repossession was a private contractual matter rather than a state action, and so was immune from constitutional attack. … Viewing the security holder as one justified in asserting a claim of title, it was thought that “the right to retake one’s goods peaceably ‘seemed’ to be established beyond all doubt.”

GOFF-COHEN v. COHEN

District Court, D. New Jersey · Mar 3, 2022

Plaintiff does not clearly spell out the nature of either restraining order. Plaintiff also seeks to raise a claim against Sylvia Brietowich, a private attorney. (/d. at 5.) Ms. … “To establish a claim under 42 U.S.C.

Attorney-General ex rel. Easton v. New York & Long Branch Railroad

24 N.J. Eq. 49 · New Jersey Court of Chancery · May 15, 1873

They are to build the one or establish the other, as may be most convenient. Who is to determine for them, which will be the most convenient? … They receive no license or immunity by the refusal of this court to interfere with them on this application. The motion for an interlocutory injunction is denied, and the bill dismissed, with costs.

Philipp v. Stahl

344 N.J. Super. 262 · New Jersey Superior Court Appellate Division · Oct 3, 2001

Hatamyar, Interstate Establishment, Enforcement, and Modification of Child Support Orders, 25 Okla. City U.L.Rev. 511, 515-16 (2000); Angela R. … The "qualified medical support order" merely qualified plaintiff as "an alternate recipient” to receive the children’s medical benefits available through defendant’s group health plan.

Clarence Haley v. Board of Review (084123) (Statewide)

Supreme Court of New Jersey · Mar 17, 2021

In February 2018, two months after Haley’s arrest, a grand jury found the evidence presented to indict Haley insufficient to establish probable cause that he committed the offenses charged. … The answer to that question clearly should be no.

Weiss v. Parker Hannifan Corp.

747 F. Supp. 1118 · District Court, D. New Jersey · Sep 26, 1990

The Denial of the Promotion to Weiss A prima facie case of discrimination for denial of a promotion may be established by showing that: (1) the plaintiff is a member of a protected group; (2) he was qualified for the higher … The evidence clearly shows that both Weiss and Engel have been employed since their terminations by Parker Hannifan.

Merck & Co., Inc. v. Biorganic Laboratories, Inc.

87 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Feb 10, 1965

Regardless of its complex nature, it has long since been established that it can be waived by one who has the right to its protection. … Immunity from compulsion is the right reserved. * * * The right of not being compelled, in its very nature, does not admit of waiver. Compulsion and consent — i.e., — waiver — cannot coexist."

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).

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.

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

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.

In re the Provision of Basic Generation Service

205 N.J. 339 · Supreme Court of New Jersey · Mar 10, 2011

Tax Credit Qualified Allocation Plan, 369 N.J.Super. 2, 43 , 848 A.2d 1 (App.Div.), certif. dented, 182 N.J. 141 , 861 A.2d 846 (2004). … Not all factors need be present for an agency action to qualify as an administrative rule. Id. at 332 , 921 A.2d 1122 .

City Council of Elizabeth v. Fumero

143 N.J. Super. 275 · New Jersey Superior Court Appellate Division · Jun 16, 1976

[at 226] Comparing the current statute to its predecessors, the sole qualifying factor contained in each version is that the conduct for which a defense is to be provided must arise out of, or be incidental to, the performance … When interpreting the obligations imposed by a contract of insurance, the court is guided by well established precedent.

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.

State v. Free

351 N.J. Super. 203 · New Jersey Superior Court Appellate Division · May 24, 2002

Kassin had been qualified in other jurisdictions to offer opinions on police interrogation. He noted that Dr. … Clearly, expert opinions are not always hard science. There may be numerous non-scientific areas where experts are allowed to offer opinions, such as the examples I've given.

Stewart v. Rutgers

930 F. Supp. 1034 · District Court, D. New Jersey · May 10, 1996

Stewart Has Established a Prima Fa-cie Case Stewart may establish a prima facie case by demonstrating by a preponderance of the evidence that she is within a protected class; that she applied for, was qualified for and was … Because the Plaintiffs’ Rule 12G Statement does not clearly delineate between disputed and undisputed facts, it will be cited only where it refers to facts that are clearly not in dispute or where it cites to deposition testimony

City of Jersey City v. Pierce

669 F. Supp. 103 · District Court, D. New Jersey · Jun 9, 1987

Pursuant to a program established by Congress, the Department of Housing and Urban Development (“HUD”) provides federal grants to qualified urban areas so as to stimulate economic development activity in those areas. … As an initial matter, agencies are clearly vested with authority to create certain evidentiary presumptions. See National Labor Relations Board v.