Case law

Moore v. Delaware River Port Authority

80 F. Supp. 2d 264 · District Court, D. New Jersey · Jun 24, 1999

The Joint Commission was authorized to build bridges, establish connective roads and provide transportation services within the Delaware Port District. Id. … painstaking comparison of the common law of New Jersey and Pennsylvania, like the one we engaged in as to CEPA and [the] Whistleblower Law, will have to be undertaken [by the trial judge on remand] if DRPA contends that it is immune

MIKANDA v. NEW JERSEY OFFICE OF HOMELAND SECURITY AND PREPAREDNESS

District Court, D. New Jersey · Apr 6, 2022

In particular, I have examined the docket to determine whether the actions of Judge Hillman, whether or not clearly described in the complaint, were taken in a judicial capacity. Mr. … Discussion “Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their

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

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.

Community League, Inc. v. City of Newark

26 N.J. Tax 139 · New Jersey Tax Court · Sep 30, 2011

Findings of law As pronounced by our courts, “[i]t has long been established in New Jersey law that the tax status of a property is fixed as of the assessing date. City of Jersey City v. … It is clearly evident that the Legislature wanted to continue the exemption when the transfer occurs between two exempt organizations or taxpayers.

Hewitt v. County of Camden

7 N.J. Misc. 528 · Camden County Circuit Court, N.J. · Jul 1, 1929

Read in connection with its context the restrictive provision probably was intended to qualify and limit the power given the trustees to lease, manage and dispose of the property. … In some of the eases cited estates had been granted upon clearly-expressed conditions that they should be devoted to specified charitable uses, and it was held that a failure to use them for such purposes did not result in

State v. Lawn King, Inc.

150 N.J. Super. 204 · New Jersey Superior Court Appellate Division · Apr 27, 1977

The present case is clearly a "vertical" restraint. The solution is not simple since the vast majority of reported cases are civil in nature. … Should we immunize all franchising operations? How do we define such a system?

O'Brien v. Paterson Brewing & Malting Co.

69 N.J. Eq. 117 · New Jersey Court of Chancery · May 10, 1905

The establishment was not successful. … The present case, in its facts, is clearly distinguishable from Chetwood v. Brittan.

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.

Clement v. Public Service Electric & Gas Co.

122 F. Supp. 2d 551 · District Court, D. New Jersey · Dec 11, 2000

Thus, Count I of the plaintiffs Complaint clearly fails to state a cause of action against PSE & G and Doe. IV. … color of any statute, ordinance, regulation, custom, or useage, of any State ... subjects ... any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

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

Weisman v. New Jersey Department of Human Services

817 F. Supp. 2d 456 · District Court, D. New Jersey · Oct 5, 2011

Allan Boyer in his individual capacity and in his official capacity as COO of Ancora; and Alfred Fillipini in his individual capacity and in his official capacity as Director of Human Resources at Ancora. 9 Based on the clearly … established case law, Defendants DHS and Ancora as arms of the state are not “persons” within the meaning of § 1983.

Source Search Technologies, LLC v. Kayak Software Corp.

111 F. Supp. 3d 603 · District Court, D. New Jersey · Jul 1, 2015

The question is whether the predistributed software requirement qualifies as an inventive concept, not merely a novel one. … This feature, which was neither a generic computer function nor a conventional network operation, qualified as an inventive concept.

CUSHING v. JACOBS

District Court, D. New Jersey · Mar 25, 2020

Accordingly, the Annuity contract, as clearly drafted, is irrevocable. C. … immunity. See Sorber v. Velez, 09-cv-3799, 2009 WL 3491154, at *4 (D.N.J. Oct. 23, 2009).

Vincitore v. New Jersey Sports & Exposition Authority

169 N.J. 119 · Supreme Court of New Jersey · Jul 19, 2001

Department of Conservation & Economic Development, 55 N.J. 534 , 264 A. 2d 34 (1970), we abrogated the common-law doctrine of sovereign immunity from tort liability. … The Legislature responded by enacting the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, which reestablished the general rule of immunity but created narrow exceptions to that rule.

State v. Johnson

120 N.J. 263 · Supreme Court of New Jersey · Jul 19, 1990

The record demonstrates that the medical examiner had already established the cause of death and the extent of the assault. Reeves’s testimony was merely cumulative on those issues. … If the jury on retrial is to be instructed on the proof necessary to establish “by your own conduct,” the trial court shall be guided by this Court’s opinions in State v.

LASCHE v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jun 4, 2020

Qualified Immunity Defendants also assert that Plaintiffs’ Complaint should be dismissed because Defendants are entitled to qualified immunity. See Def. Br. … Because Plaintiffs have failed to state a claim as to a violation of their constitutional rights, I need not address whether the Individual Defendants are entitled to qualified Immunity on any of Plaintiffs’ claims.

MAHER v. United States

District Court, D. New Jersey · Aug 27, 2025

They further argue that even if a Bivens remedy were available, dismissal is warranted because the individual defendants are protected by qualified immunity and the claims are independently barred by the statute of limitations … Establishing liability under the FTCA requires a plaintiff to demonstrate duty, breach, proximate causation, and actual damages. See Roma v.

Plywood Property Associates v. National Flood Insurance Program

928 F. Supp. 500 · District Court, D. New Jersey · Jun 18, 1996

FEMA contends that Plaintiffs rely solely on the testimony of two alleged experts in order to establish their claim for damages, and that neither of the experts is qualified to offer their respective opinions. … Accordingly, FEMA argues that Plaintiffs cannot establish their claim for damages as a matter of law.

Pierzga v. Ohio Cas. Group of Ins. Companies

208 N.J. Super. 40 · New Jersey Superior Court Appellate Division · Feb 3, 1986

an accident on October 24, 1981 while a passenger in an automobile owned and operated by Timothy Minchin and insured by defendant Ohio Casualty Group of Insurance Companies, and consequently incurred substantial expenses qualifying … Obviously, it would be anomalous to hold that the Consumer Fraud Act which provides for treble damages, N.J.S.A. 56:8-19, clearly a punitive remedy, could be applicable as punitive damages are barred by Milcarek .