Case law

State v. Tirelli

208 N.J. Super. 628 · New Jersey Superior Court Appellate Division · Mar 17, 1986

To negate the unlawfulness of defendant's actions he would have to establish that he did not act willfully, and thus did not violate N.J.S.A. 2A:156A-3. … Defendant argues that Luciani's testimony went to an issue to be decided by the judge and not "by the trier of the fact," Evid.R. 56(3), and that Luciani was never qualified as an expert.

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

ABC v. THE STATE OF NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY ("DCPP")

District Court, D. New Jersey · Jan 25, 2022

For the avoidance of doubt, the Court notes that “[q]ualified immunity is an affirmative defense and generally must be included in a responsive pleading or may be considered waived.” Sharp v. … The Court thus deems qualified immunity waived by King. Here, because King failed to appear, the Court is unable to consider any defenses he may have raised.

State v. Davis

390 N.J. Super. 573 · New Jersey Superior Court Appellate Division · Feb 27, 2007

The other bad-acts evidence was relevant to a material issue, similar in kind and reasonably close in time to the charged offense, was clearly and convincingly established, and its probative value was not outweighed by the … The remaining pictures and videos admitted were clearly and convincingly established to be of under age children.

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.

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

Trumbull v. Gibbons

22 N.J.L. 117 · Supreme Court of New Jersey · Apr 15, 1849

They do not-stand alone, but are qualified and controlled by subsequent dispositions in the will. … Clarh, 2 Addams 279, may be considered as establishing this doctrine.

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.

State v. Ellis

424 N.J. Super. 267 · New Jersey Superior Court Appellate Division · Mar 6, 2012

Clearly, “the status or position of the defendant [is] a material element of the crime.” Id. at 570, 661 A.2d 251 . … The State’s case-in-ehief established neither of these material elements of the drug kingpin offense.

Democratic-Republican Organization v. Guadagno

900 F. Supp. 2d 447 · District Court, D. New Jersey · Oct 11, 2012

In other words, Plaintiffs have failed to establish a likelihood of success on the merits that would allow a preliminary injunction to issue. … certainly favors denying injunctive relief where Plaintiffs cannot establish a constitutional harm. .

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.

Mercer v. Weyerhaeuser Co.

324 N.J. Super. 290 · New Jersey Superior Court Appellate Division · Jul 13, 1999

A trial judge may intervene in the trial during the introduction of evidence to qualify or expedite matters. … More specifically, the plaintiff must establish, (1) that the appearance of authority has been created by the conduct of the alleged principal and it cannot be established "alone and solely by proof of [conduct by] the supposed

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.

State v. Megargel

143 N.J. 484 · Supreme Court of New Jersey · Mar 27, 1996

The Lieutenant added that Lee was not qualified to carry *490 firearms. … The court noted that the Legislature established a more severe punishment for aggravated manslaughter than for other first-degree offenses.

Elmer Branch v. Cream-O-Land Dairy (083379)(Hudson County & Statewide)

Supreme Court of New Jersey · Jan 13, 2021

Second, defendant argued that it relied in good faith on certain determinations that it qualified as a “trucking industry employer” and could therefore invoke the defense set forth in N.J.S.A. 34:11-56a25.2. … If the statute’s plain language leads to a clearly understood result, the judicial inquiry is complete. Ibid.; Felix v.

DePalma v. Bldg. Insp. Underwriters

350 N.J. Super. 195 · New Jersey Superior Court Appellate Division · Apr 15, 2002

The legislative history of the Punitive Damages Act supports our interpretation of section c as establishing a class of cases that the Legislature intended to exempt from any cap on punitive damages—clearly not a class to … BIU does not contend DePalma's request for leave did not qualify under the Act, and we deem any such contention waived. See Pressler, Current N.J.

In Re Eastwood

192 B.R. 96 · United States Bankruptcy Court, D. New Jersey · Feb 13, 1996

In The Matter of Arvelo, 176 B.R. 349, 357 (Bankr.D.N.J.1995) (stating “the Supreme Court’s decision in Nobelman only overruled one aspect of the Third Circuit’s decisions in Wilson and Sapos; thus these cases still have qualified … With respect to the language provided in the Eastwood mortgage, the court notes that an estate in fee simple absolute carries with it “the largest possible aggregate of rights, privileges, powers and immunities with respect

Funeral Home Mgmt. v. Basralian

319 N.J. Super. 200 · New Jersey Superior Court Appellate Division · Mar 10, 1999

Ostensibly, it seems, then, that this might simply be a choice of the experts, one that must remain with the Board unless clearly without basis. … Those factors do not qualify by themselves as a special reason ... entitling an applicant to a ... variance."). Cf.

MERVILUS v. UNION COUNTY

District Court, D. New Jersey · Oct 26, 2021

In addition, Defendants maintain that Kaminskas is entitled to qualified immunity as to all claims against him and good faith immunity as to Count IV under the NJCRA. (Id. at 11–14). … App’x at 481 (finding that defendants were entitled to qualified immunity on plaintiff’s fabrication of evidence claim where the record revealed only inferences of negligence in the defendants’ investigation of a child

Witt v. Gloucester County Board of Chosen Freeholders

94 N.J. 422 · Supreme Court of New Jersey · Oct 6, 1983

As Chief Justice Weintraub once wrote, “[t]he court can intervene only when unreasonableness is clearly established.” Kennedy v. City of Newark, 29 N.J. 178, 185 (1959). Compare id. with Cullum v. Board of Educ. of N. … The act applies to gatherings of any public body “organized by law” and “collectively empowered as a multi-member voting body to spend public funds or affect persons’ rights,” provided that the gathering qualifies as a “meeting