Case law

BD. OF ED. OF WEST ORANGE v. Wilton

57 N.J. 404 · Supreme Court of New Jersey · Jan 26, 1971

To qualify for such appointment, the Directors must have experience at their respective levels in teaching, supervision and administration, and “a broad knowledge of educational problems.” … A unit shall not be established solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be established if it includes — (1) any management official or supervisor, * * *.

Animal Science Products, Inc. v. China National Metals & Minerals Import & Export Corp.

596 F. Supp. 2d 842 · District Court, D. New Jersey · Dec 30, 2008

The [CMA] agreed to establish itself under the name the “China Magnesite Forum” [ 6 ] and established goals of restraining competition and establishing limits on export supply in order to maintain and increase prices.... … as implicating either the act-of-state or foreign sovereign compulsion, or comity doctrines, or the Foreign Sovereign Immunities Act (“FSIA”), Pub.L.

JOHNSON & JOHNSON HEALTH CARE SYSTEMS INC. v. SAVE ON SP, LLC

District Court, D. New Jersey · Jun 10, 2025

“The party filing the notice of appeal bears the burden of demonstrating that the magistrate judge’s decision was clearly erroneous or contrary to law.” Marks v. Struble, 347 F. … Contrary to ESI and Accredo’s reading of the “required by law” sub-parts, it is not the Court’s entry of the Qualified Protective Order which establishes compliance with paragraph (e) sufficient to establish prong two

United States ex rel. JKJ P'ship 2011, LLP v. Sanofi Aventis, U.S., LLC (In re Plavix Mktg., Sales Practices & Prods. Liab. Litig.)

315 F. Supp. 3d 817 · District Court, D. New Jersey · May 30, 2018

"On a motion to dismiss for lack of standing, the plaintiff bears the burden of establishing the elements of standing, and each element must be supported in the same way as any other matter on which the plaintiff bears the … Finally, after the amendment "[a] relator no longer must possess 'direct ... knowledge' of the fraud to qualify as an original source....

Oates v. E. Bergen Cty. Mult. List. Serv.

113 N.J. Super. 371 · New Jersey Superior Court Appellate Division · Feb 11, 1971

On the other hand, defendant has eliminated all such standards as would qualify one for membership. … But there is no proof in this record to establish any such standard.

Insurance Co. of North America v. Allied Crude Vegetable Oil Refining Corp.

89 N.J. Super. 518 · New Jersey Superior Court Appellate Division · Dec 17, 1965

There has been filed in the cause an affidavit of an officer of Irving which indicates that Irving is qualified pursuant to the New Jersey Banking Act of 1948 to transact business in New Jersey only as executor or testamentary … It seeks to demonstrate that the only activities in which Irving engages in New Jersey are those for which it is qualified, pursuant to the New Jersey Banking Act of 1948.

Field v. Field

31 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Jun 11, 1954

Field, Jr., has clearly established that he is a bona fide resident of the State of Florida and has resided in the State of Florida continuously for more than ninety days preceding the filing of his bill of complaint; and … M-707-51, at which time she clearly stated that her residence was New Jersey and not Florida where the plaintiff had established his residence.'

62-64 Main Street, L.L.C. and 59-61 Moore Street, L.L.C. v. Mayor and Council of the City of Hackensack Planning Board of the City of Hackensack (072699)

Supreme Court of New Jersey · Mar 23, 2015

qualified under only one section, N.J.S.A. 40A:12A-5(d). … It found that nine other properties did not qualify.

Palagonia v. City of Newark

142 N.J. Super. 363 · New Jersey Superior Court Appellate Division · Jun 1, 1976

reasonably have concluded that it would be both cheaper and easier simply conclusively to presume that wives of male members are financially dependent upon their husbands, while burdening female members with the task of establishing … Section 402(g) clearly operates, as did the statutes invalidated by our judgment in Frontiero , to deprive women of protection for their families which men receive as a result of their employment. * * * Since the Constitution

Kobylarz v. Mercer

130 N.J.L. 44 · Supreme Court of New Jersey · Mar 25, 1943

A policy that is clearly implied is as effective as that which is expressed. … Such is the legislatively established state policy. And we find no conflicting and overriding federal policy. Section 1222 of the Revised Statutes of the United States (10 U. S. *53 C.

STANLEY L. NIBLACK VS. UNIVERSITY CORRECTIONAL HEALTHCARE (L-2045-15 AND L-7785-15, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 10, 2018

18 A-0919-16T4 immunity. … For sake of completeness, we simply note that, even assuming a constitutional violation existed here, defendants would clearly enjoy immunity from liability under the circumstances presented.

MUOIO

District Court, D. New Jersey · Jan 12, 2026

The purpose of NJUPA Section 50 is clearly to provide “{nJotice to [the] apparent owner.” Stat. Ann, § 46:30B-50. … Although plaintiffs must “clearly and specifically set forth facts sufficient” to satisfy standing on a motion to dismiss, Hosp, Council of W. Pa. v.

State v. Maure

240 N.J. Super. 269 · New Jersey Superior Court Appellate Division · Apr 17, 1990

Recognizing the heavy impact breathalyzer results have in drunk driving prosecutions, our Supreme Court has said that "proper administration of the test [must] be clearly established before the reading is admitted in evidence … "This includes full proof that the equipment was in proper order, the operator qualified and the test given correctly." Ibid. In Romano v.

McPherson Hotel Co. v. Smith

127 N.J. Eq. 167 · New Jersey Court of Chancery · Apr 5, 1940

It is doubtless true that it is to be construed as though it contained the clause “between employer and employe,” qualifying the word “dispute;” (and as though it contained the clause “except in aid or furtherance of an unlawful … Clearly, therefore, the appellate opinion must be deemed a holding *177 that where the business of complainant is operating at considerably less than normal extent, and strike activities are continuing, the strike cannot

PEOPLE FOR OPEN GOVERNMENT v. Roberts

397 N.J. Super. 502 · New Jersey Superior Court Appellate Division · Jan 9, 2008

However, Mayor Roberts qualified for a run-off election for Mayor, and Councilman Ramos, Councilwoman LaBruno and Councilman Cammarano qualified for a run-off election for Council Member at Large. … Clearly, the facts of Garrou bear little similarity to the scenario present here. If at all, Garrou speaks only to the private interest required to enjoin violation of a zoning ordinance.

Davis v. Strazza

380 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Oct 4, 2005

The buyers applied for a mortgage and were informed that they would not qualify for a $185,000 loan but would probably qualify for a loan in the amount of $162,000. Ibid. … In such a case, the purchaser clearly bargained for the right to void the land purchase contract when the contingency could not be met____ [Ibid.

Univ. of Med. v. Am. Ass'n of U. Prof.

223 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Mar 8, 1988

of qualified faculty" and/or "to retain an outstanding individual in *326 a subject area in which replacement is difficult." … Additionally, it determined negotiation was not preempted by State pension statutes in that by enacting N.J.S.A. 10:5-2.2 the Legislature "clearly and unequivocally" authorized institutions to continue (or not to continue

State v. Conway

193 N.J. Super. 133 · New Jersey Superior Court Appellate Division · Feb 14, 1984

Thus there is clearly no demonstration of prejudice. … Nothing would compel the State to seek immunity for him. Of course, defendant cannot be convicted on the statements of coconspirators alone.

Huddell v. Levin

395 F. Supp. 64 · District Court, D. New Jersey · May 28, 1975

Although Congress may have initially excluded personal injury awards from taxation because of constitutional reservations, 27 it has since been clearly established that Congress can constitutionally tax any gain, and certainly … Since the judgment was rendered after the effective date of the amendment, the higher rate is clearly applicable here. Hill v.

Township of Clinton v. United States Postal Service

638 F. Supp. 763 · District Court, D. New Jersey · Jun 18, 1986

The final outcome of that suit was a judgment, dated January 11, 1985, that the activities of the De Sapio defendants in connection with acquiring title to and constructing the post office were immune and exempt from the … Moreover, local authorities clearly were advised of the De Sapios’ contract by February 1982, at the latest, and have demonstrated no real prejudice from not having received an A-95 form at an earlier date.