Case law

Essex County Welfare Board v. Department of Institutions & Agencies

147 N.J. Super. 546 · New Jersey Superior Court Appellate Division · Jan 31, 1977

This constitutional underpinning of the right of judicial review largely immunizes it from legislative curbs. In re Senior Appeals Examiners, 60 N. J. 356 (1972). … Bonnet is clearly distinguishable since (1) plaintiffs there were seeking an injunction against the collection of taxes for the payment of these costs, 141 N. J.

In re Lamictal Direct Purchaser Antitrust Litigation

18 F. Supp. 3d 560 · District Court, D. New Jersey · Jan 24, 2014

The opinion clearly did at least one thing. … But such a reading would far too greatly constrict parties’ power to settle, a power the Actavis court clearly meant to keep intact.

Arena v. Saphier

201 N.J. Super. 79 · New Jersey Superior Court Appellate Division · May 1, 1985

We recognized, however, that the resulting waiver was a qualified one and was dependent upon the extent to which the information sought was relevant to the issue presented. … In all fairness, a patient should not be permitted to establish a claim while simultaneously foreclosing inquiry into relevant matters.

In Re Holmes

346 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Jan 14, 2002

Although the statute appears straightforward, "it must be read in light of the broad purpose of the election laws to prevent disenfranchisement of qualified voters," In re Gray-Sadler, 164 N.J. 468, 476 , 753 A. 2d 1101 ( … In comparison, here, the event—unprecedented, unparalleled and unpredictable, national in scope, and of far-reaching consequence—has been indisputably established as the direct cause for a one-day delay in the delivery of

Blume v. Denville Tp. Bd. of Educ.

334 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Jul 31, 2000

On cross-appeal, defendants argue that "should this matter be remanded for a new trial, the plaintiff should be compelled to produce her evaluations from her prior and subsequent employers, as same are clearly relevant to … Dohrenwend's "qualified" recommendation for Ms. Blume's continued employment: Because of Ms.

State v. Hackett

166 N.J. 66 · Supreme Court of New Jersey · Jan 18, 2001

That is a significant change because in Bottigliero, White and South there was clearly some degree of inducement present. … Other states have recognized that juries are quite qualified to determine whether the statutory standard of endangering has been met. See, e.g., State v.

Salsman v. National Community Bank of Rutherford

102 N.J. Super. 482 · New Jersey Superior Court Appellate Division · Jun 7, 1968

Odgers had qualified as administratrix of the estate on July 9, 1965. From August 1965 until March 1966 Mrs. Odgers inquired of Breslow on many occasions as to the status of the profit-sharing funds. … There was no testamentary trust, and no trust account had been established at defendant bank.

Pratico v. Rhodes

32 N.J. Super. 178 · New Jersey Superior Court Appellate Division · Sep 21, 1954

Link, supra , are clearly distinguishable from the case sub judice in that the present plaintiffs were not the operators of the illegal gambling operation but merely so-called players, and that the monies in question were … As to the questioned funds, they state that at the time of seizure the said funds had been removed from the arena of gambling and comprised lawful funds, immune from seizure under the statute.

In the Matter of the Civil Commitment of L.R.

New Jersey Superior Court Appellate Division · Jan 21, 2026

by clear and convincing evidence that he suffers from a qualifying mental abnormality or personality disorder and is highly likely to sexually reoffend if released. … The record clearly demonstrates L.R. suffers from a qualifying mental A-1346-24 8 abnormality, rendering

City of Trenton v. 222 West Associates Fund

350 N.J. Super. 600 · New Jersey Superior Court Appellate Division · May 13, 2002

The property further qualified for extension of the preliminary approval until December 31, 1996, under the Permit Extension Act enacted on August 7, 1992, N.J.S.A. 40:55D-133a. … The specific reference to the property at issue, Roebling Mansion, clearly expresses the city’s intention with respect to height limits for the subject property.

Brock v. Gerace

110 F.R.D. 58 · District Court, D. New Jersey · Mar 6, 1986

The defendant in this civil proceeding thus also has the burden of establishing non-waiver of the privilege. Id. … Smith, 580 F.Supp. 1418 (D.N.J.1984) [holding that federal prosecution was untainted by use of defendant’s immunized testimony before a state investigative afecncy, under Kastigar v.

Investors Bank v. Javier Torres (082239) (Bergen County & Statewide)

Supreme Court of New Jersey · Jul 1, 2020

Amicus curiae the New Jersey Business and Industry Association cites Appellate Division cases holding that a plaintiff in foreclosure may establish standing either by showing its possession of the note or establishing that … It is uncontested that the terms of the Note were established by the digital copy submitted to the trial court.

Manahawkin Convalescent v. Frances O'neill (071033)

217 N.J. 99 · Supreme Court of New Jersey · Mar 11, 2014

established legal right of a consumer . . . as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given … Manahawkin’s March 26, 2009 collection letter and Special Civil Part complaint failed to clearly articulate the nursing home’s legal rights.

Town of Kearny v. Division of Tax Appeals

35 N.J. 299 · Supreme Court of New Jersey · Jun 30, 1961

Particularizing the basic reason for refusing to consider whether on the merits the sales qualified as usable, the witness said: “By the Commissioner: Q. … The City of Passaic case, supra, clearly requires consideration of the facts adduced to demonstrate the error.

Levine v. Lafayette Building Corp.

103 N.J. Eq. 121 · New Jersey Court of Chancery · Jun 20, 1928

It is clearly established in the case sub judice that the defendant accepted a benefit, to wit, an additional payment of $4,000 under the "Agreement of Sale" aforesaid, a considerable time after the execution and delivery … Levine, but, on cross-examination, he qualified the effect of his denial by saying he had no recollection of such offer.

Bolz v. Bolz

400 N.J. Super. 154 · New Jersey Superior Court Appellate Division · May 8, 2008

A public employee is not liable for an injury where a public entity is immune from liability for that injury. [ N.J.S.A. 59:3-1.] … Clearly, Herrera is "liable for injury caused by his act or omission to the same extent as a private person" subject to any limitation set by the TCA. Ibid. The TCA provides the following significant limitation: d.

State v. J.S.

222 N.J. Super. 247 · New Jersey Superior Court Appellate Division · Jan 15, 1988

In response to the prosecutor’s inquiry it was developed that C. furnished “yes” answers to her mother’s questions which established that “he had felt her body, and that he had stuck his fingers inside her vagina.” … Webster defines “complaint” as an “expression of grief, pain or resentment ... something that is the cause or subject of protest or outcry....” 1 In our view, to qualify as a complaint the victim’s statement must at least

United States v. an Article of Drug, Etc., Acnotabs

207 F. Supp. 758 · District Court, D. New Jersey · Aug 2, 1962

Kelter, a well-qualified internist, also reported success, in lesser degree, in the treatment of acne patients with Acnotabs. … Parenthetically, it may be mentioned. that, after the Claimant raised the specific defense of immunity from the second seizure in its brief filed after trial, Libelant, in a reply brief, annexed a copy of a finding of fact

Container Manufacturing Inc. v. Ciba-Geigy Corp.

870 F. Supp. 1225 · District Court, D. New Jersey · Nov 3, 1994

Jennings "in the minds of key industry people” do not establish a genuine issue of material fact. See Liotta v. … The court in Dairy Stores , however, clearly extended its holding to non-media defendants.

Gaydos Ins. v. National Cons. Ins.

331 N.J. Super. 458 · New Jersey Superior Court Appellate Division · Jun 12, 2000

Because NCIC's insureds were concentrated in urban areas where loss experiences are historically high, NCIC's rate structure was wholly inadequate, as the following chart clearly discloses: Year Losses Pure Loss Ratio [1] … of exposures imposed by the qualified insurer on the UEZ agent prevents the UEZ agent from insuring an otherwise eligible person.