Case law

HEATROK

District Court, D. New Jersey · Aug 13, 2026

Correspondence Plaintiff filed with his complaint, however, more clearly explains why Plaintiff was not scheduled to leave the RHU until late May. … App’x 112, 114 (3d Cir. 2017) (“it is well-established that prisoners have no constitutional right to placement in any particular prison, custody classification, or housing assignment”).

City of Newark, New Jersey v. Eastern Airlines, Inc.

159 F. Supp. 750 · District Court, D. New Jersey · Feb 27, 1958

There is clearly no such power vested in the courts. … It further appears that this plaintiff lacks the possessory interest in the land sufficient to qualify her to maintain her claim under the second count.

Kathleen Krupinski N/K/A Kathleen Gocklin v. Michael Krupinski

437 N.J. Super. 159 · New Jersey Superior Court Appellate Division · Sep 2, 2014

This clearly constitutes a disputed issue of fact concerning what may or may not have been anticipated or discussed that cannot be resolved without … We do not foreclose that possibility in the event, on remand, the parties choose to pursue this issue and establish an appropriate record.

State v. Wesler

137 N.J.L. 311 · Supreme Court of New Jersey · Jun 21, 1948

There are respects in which the girls were clearly telling the truth. … “If more talesmen are required than the number of jurors remaining on the general panel, the sheriff or other proper officer shall forthwith summon, from among the bystanders or others, such additional number of persons qualified

Higg-A-Rella, Inc. v. County of Essex

141 N.J. 35 · Supreme Court of New Jersey · Jul 19, 1995

Ill Although the Right-to-Know Law makes a narrow class of documents unqualifiedly available, the common law makes a much broader class of documents available, but on a qualified basis. … On the one hand, precedent requires the person seeking access to “establish an interest in the subject matter of the material he or she is seeking.”

Donnelly v. United Fruit Co.

40 N.J. 61 · Supreme Court of New Jersey · May 6, 1963

Immunity from liability for misuse is inconsistent with basic notions of justice. The statute, N. … Obviously, most grievances are adjusted in the preliminary steps of established procedure; relatively few reach formal arbitration.

T.H. v. Division of Developmental Disabilities

189 N.J. 478 · Supreme Court of New Jersey · Mar 1, 2007

Clearly, an applicant can show the symptoms or characteristics of a disorder without satisfying the full panoply of requirements in subsection (4) by, for example, meeting the DSM-IV diagnostic criteria. … That approach denied T.H. a fair hearing because it essentially took away his opportunity to establish his eligibility retroactively.

Madden v. Township of Delran

126 N.J. 591 · Supreme Court of New Jersey · Feb 10, 1992

In the best traditions of the bar, he sought to change the established law. He brought suit for his fees. … other system as shall have been established by the Assignment Judge with the approval of the Supreme Court.”

State of New Jersey v. Amboy National Bank Account

447 N.J. Super. 142 · New Jersey Superior Court Appellate Division · Aug 26, 2016

Bovery's contention that the gifts were "optional" does not immunize his conduct. … As we have noted, to establish the required nexus to illegal activity, the State does not have to establish that the seized funds constitute evidence that a

Clair, Griefer LLP v. Prensky (In Re Prensky)

416 B.R. 406 · United States Bankruptcy Court, D. New Jersey · Nov 2, 2009

Clearly, under those circumstances, the fees were not of the kind owed to a “spouse, former spouse or child of the debtor.” … Under Gibson , for a debt to qualify under § 523(a)(15), the critical issues are the nature of the debt, not the payee, and whether under state law the debt was incurred in the course of a divorce or separation.

Buckley & Co., Inc. v. State

140 N.J. Super. 289 · New Jersey Superior Court Appellate Division · Jul 30, 1975

The only remaining question is whether the no-damage provisions of Articles 1.2.11 and 1.7.4 immunize the Department from the losses sustained by its breach of contract. … The Department itself, however, has not been able to establish the extent to which the delays were not "beyond the control" of Buckley/Schiavone so to permit the denial of a further extension of time under Article 1.7.4.

Rabinowitz v. New Jersey State Board of Education

550 F. Supp. 481 · District Court, D. New Jersey · Oct 29, 1982

The court notes, however, that where Congress sought to defer to state law it did so clearly and unambiguously. … To determine the amount of money to be awarded to a state meeting its obligations, a formula established by statute must be applied.

In Re Trust Under Agreement of Vander Poel

396 N.J. Super. 218 · New Jersey Superior Court Appellate Division · Oct 17, 2007

After the birth of each grandchild Blanche established and funded a trust for their individual benefit, but she never did so for Jane. … She never established a separate trust for Jane as she did with each of the other children.

In re Kelly

120 N.J. 679 · Supreme Court of New Jersey · Aug 3, 1990

Kelly qualified to administer the estate as alternate executor under the will. Here arose one of respondent’s problems. He was at once the executor of Anna Bailer’s estate and the attorney for Mr. A’s estate. … Our independent review of the record clearly convinces us of the correctness of the factual determinations made by the DRB.

Day v. United States Cast Iron Pipe & Foundry Co.

96 N.J. Eq. 736 · Supreme Court of New Jersey · Oct 20, 1924

incorporators may, jin their discretion, divide the capital stock of a proposed corporation into two or more classes, and they may give each class such name and such preferences as they desire, and, again, they ma)r limit or qualify … *743 business enterprises by encouraging the investment therein of capital at a limited and coutingpnt-upon-profits interest rate) clothed, except as against creditors, with many of the attributes of bonds, and which it clearly

Lamont W. Garnes and Robert A. Klein v. Passaic County And the Passaic County Sheriff's Department

437 N.J. Super. 520 · New Jersey Superior Court Appellate Division · Oct 24, 2014

They submit that even if Klein had established age discrimination, he could not establish damages because, as an "at will employee," he had no expectation of continued employment. … in a RIF case, the plaintiff must show he was in the protected class, he was qualified, he was laid off and other unprotected workers were retained."

Overlook Terrace Management Corp. v. Rent Control Board of West New York

71 N.J. 451 · Supreme Court of New Jersey · Nov 10, 1976

Under the act, which is administered by the Agency, after the municipality by formal resolution recites the need for *459 such a project, funds are to be advanced to qualified sponsors for construction of housing projects … If not, then preemption is clearly inapplicable. An affirmative answer calls for a further search for “[i]t is not enough that the Legislature has legislated upon the subject,” Summer v.

State v. Board of Education

57 N.J.L. 605 · Supreme Court of New Jersey · Feb 15, 1895

Now, as repeals by implication are not favored, the intention of the legislature to effect this purpose must clearly appear. … bribed, intimidated or obstructed any citizen from qualifying or from voting.

Hires v. Hurff

39 N.J.L. 4 · Supreme Court of New Jersey · Nov 15, 1876

A brief consideration of some of the cases will show that this principle is firmly established, and its admission will reconcile much of the apparent conflict between them. … Chase, 37 Me. 414 , which is qualified and distinguished in the later case of Morrison v.

Duignan v. Board of Trustees

223 N.J. Super. 208 · New Jersey Superior Court Appellate Division · Mar 3, 1988

The Legislature has established the criteria, and if a petitioner meets the criteria, the benefits must be awarded. … In terms of insult to his body, he clearly sustained a ‘traumatic event.'