Case law

State v. Tyson

200 N.J. Super. 137 · New Jersey Superior Court Appellate Division · Dec 7, 1984

Therefore, the language in this statute clearly can be construed as applying to both medical and financial assistance fraud. … This clearly indicates the pursuit of a common scheme.

Chad Jordan v. Sweet Haven Farms, LLC

New Jersey Superior Court Appellate Division · Jul 2, 2025

On de novo review, "[a] trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Rowe v. … Rather, defendants' representations were clearly within their control and are reasonably considered ordinary obligations under the Act.

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.

SEVERINO v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE

District Court, D. New Jersey · Sep 14, 2020

The Court declines to address matters of qualified and absolute immunity at this time. Although “[a] district court should resolve any immunity question al the earliest possible stage of the litigation.” Orsatti v. … Creighton, 483 U.S. 635. 646 n.6 (1987)). the Complaint lacks sufficient particularity for the Court to determine whether Defendants are entitled to qualified immunity.

Washington v. Magazzu

216 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Mar 11, 1987

The New Jersey contacts were nevertheless deliberate and purposeful, not "fortuitous and attenuated" as our concurring colleague concludes, and thereby qualify to satisfy the first step of the analysis. … Clearly and simply, the exchange of correspondence between Magazzu and Wicker, initiated by Magazzu, is not a contact with New Jersey sufficient to support jurisdiction over Wicker. NOTES [1] The lawyer, John J.

United States v. Board of Educ. of Tp. of Piscataway

832 F. Supp. 836 · District Court, D. New Jersey · Sep 10, 1993

In all cases, the most qualified candidate will be recommended for appointment. … There is no dispute that plaintiff and Taxman have established a prima facie case; indeed, the Board’s concession that it took race into account in making the employment decision is sufficient in and of itself to establish

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

Matter of Scavone

106 N.J. 542 · Supreme Court of New Jersey · May 6, 1987

Pennsylvania, as most other law schools, established special admission criteria for minority applicants so that the student population would better reflect the composition of the community which the university serves. … Based on this record, he clearly has not. Respondent entered the legal profession by subterfuge.

Walker Rogge v. Chelsea Title & Guar.

254 N.J. Super. 380 · New Jersey Superior Court Appellate Division · Mar 9, 1992

The Supreme Court clearly concluded that the title policy did not provide coverage and that the trial court had properly determined that Chelsea did not assume the duties of a title abstractor. … However, the Supreme Court's opinion indicates that it is common knowledge that one who does not engage "qualified experts such as lawyers or surveyors" runs the risk of suffering possible detriment. 116 N.J. at 529 , 562

Consolidated Rail Corp. v. State

19 N.J. Tax 378 · New Jersey Superior Court Appellate Division · May 10, 2001

shall deliver to the taxpayer a detailed statement of the taxpayer’s Class II property together with the assessment of such property for the following tax year at the rate hereinabove established. … for farmland assessment of a property which a taxpayer seeks to qualify for assessment under the Farmland Assessment Act.

Chevron U.S.A. Inc. v. City of Perth Amboy

9 N.J. Tax 571 · New Jersey Tax Court · Mar 24, 1988

Atlantic City, supra, is clearly wide of the mark. … Clearly a municipality can challenge an assessor’s errors by filing timely complaints. N.J.S.A. 54:3-21.

Bor. of Highlands v. Davis

124 N.J. Super. 217 · New Jersey Superior Court Appellate Division · May 24, 1973

Ordinance #200 adopted April 8, 1940 established a police department. That ordinance in pertinent part provided: 1. … Grammatically read, the ordinance clearly provides that the Council will appoint not only police officers but also the chief of police, the captain of the police and one or more sergeants of the police.

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

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

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.

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.

Jaguar Land Rover N.A. v. Director, Division of Taxation & Mahwah Twp.

New Jersey Tax Court · Aug 1, 2022

Dir., Div. of Taxation, 157 N.J. 1,7 (1999) (“It is well established that in construing a statute, one must first consider its plain language.”); State v. … Because this court finds 8 Upon the court’s inquiry at oral argument, the parties agreed that Section 208’s use of the word radius clearly limits the scope to actual distance rather than necessary travel distance.

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. R.K. (072712)

Supreme Court of New Jersey · Feb 3, 2015

While C.G.’s credibility was clearly relevant, other witnesses are prohibited from giving their opinions about her credibility. … This exercise of discretion depends on the strength of the State’s case because the testimony may have already been established by prior witnesses. Id. at 169-70.

De Vitis v. New Jersey Racing Com'n

202 N.J. Super. 484 · New Jersey Superior Court Appellate Division · Jul 15, 1985

An examination of the Commission's Final Decision establishes that it fully complied with these guidelines and that De Vitis's contention is therefore clearly without merit. … [e]very person is qualified to be a witness" at an administrative hearing. N.J.A.C. 1:1-15.2(e). See N.J.A.C. 1:1-15.6.