Case law

State v. DiFrisco

137 N.J. 434 · Supreme Court of New Jersey · Jul 27, 1994

Rather, it was an attempt once again to persuade the jury that they were uniquely qualified to focus on this particular case. … Moreover, the State maintains that any error was clearly harmless, considering the verdict sheet and the court’s poll of the jury, both of which establish that the jury unanimously found the murder-for-hire factor.

In Re Petition of Nj American Water Co.

169 N.J. 181 · Supreme Court of New Jersey · Jul 25, 2001

,]” In re Petition of Jersey Central Power & Light Co., 85 N.J. 520, 527, 428 A.2d 498 (1981), they are not immune from judicial review. … In the wake of Bell, “[t]he [BPU] has consistently permitted reasonable, nondiscriminatory charitable donations to qualify as operating expenses in a utility rate case.” N.J. Dep’t of the Pub. Advocate v. N.J.

Brosious v. Children's Place Retail Stores

189 F.R.D. 138 · District Court, D. New Jersey · Aug 23, 1999

In the instant case, the representatives’ claims and those of the class members clearly arise out of the same defendant conduct, that is, the production and distribution of allegedly false and misleading documents by the … The predominance inquiry “trains on the legal or factual questions that qualify each class member’s ease as a genuine controversy ...” Amchem Prods., Inc. v.

Mister Softee v. Mayor and Council of Hoboken

77 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Nov 14, 1962

The natural, ordinary and general meaning of terms and expressions may be limited, qualified and specialized by those in immediate association. … Newark, 131 N.J.L. 97 , the Supreme Court considered a municipal ordinance which established closing hours for all retail establishments except restaurants, drug stores, delicatessen stores, etc.

MULLARKEY v. DELAWARE RIVER PORT AUTHORITY

District Court, D. New Jersey · Jun 30, 2025

a genuine issue of material fact as to whether he was disabled within the meaning of the ADA, Plaintiff cannot establish that he was qualified to perform the essential functions of his job with or without reasonable … To establish a prima facie claim of failure to accommodate, a plaintiff must establish that: (1) the plaintiff was disabled within the meaning of the ADA; (2) the plaintiff was qualified to perform the essential functions

Woodworth v. Bowen

679 F. Supp. 1194 · District Court, D. New Jersey · Aug 10, 1987

To qualify for benefits, Woodworth needed thirty quarters of coverage for fully insured status (Tr. 18). … Title 42, section 405(g) of the United States Code provides the basis for this Court’s jurisdiction and establishes the limitations upon its review.

Scotch Plains Tp. v. Town of Westfield

83 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Apr 7, 1964

The distinction has proved useful to restrain the ancient concept of municipal tort immunity, not because of any logic in the distinction, but rather because sound policy dictated that governmental immunity should not envelop … The planning board gave its qualified approval to this choice, contingent upon certain land in the North Scotch Plains area being used for a park and recreational area.

Ginnelly v. Continental Paper Co.

57 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Oct 26, 1959

Artificial illumination was clearly needed and it was not being provided (only 3 out of 14 bulbs on the second story were functioning on the day preceding the accident). … This ruling was clearly correct and in no sense an abuse of the trial judge's discretion. In Woyak v. Konieske, 237 Minn. 213 , 54 N.W. 2 d 649, 33 A.L.R. 2 d 1241 ( Sup.

Walck v. Johns-Manville Products Corp.

56 N.J. 533 · Supreme Court of New Jersey · Jul 20, 1970

The trial judge found that a right to recover had been established on both theories. … Under the circumstances, we hold the view that petitioner clearly failed to provide adequate credible evidence to establish that her husband’s heart attack was the product of an employment-induced risk, as we have defined

Fortenbaugh v. New Jersey Press

317 N.J. Super. 439 · New Jersey Superior Court Appellate Division · Jan 22, 1999

IV Plaintiff contends that the motion judge erroneously exonerated defendants under the defense of the qualified privilege to fairly report on judicial proceedings. … The truth defense would excuse too much if a defendant could be immunized by the fact that its defamatory statement was first uttered by someone else, as the Court in Lawrence recognized.

Las Vegas Sands Corp. v. Ace Gaming, LLC

713 F. Supp. 2d 427 · District Court, D. New Jersey · May 24, 2010

Las Vegas Sands’ evidence establishes none of these factors. … Atlantic asserts that "ACE’s assets clearly exceed any potential claim that plaintiffs assert in this action.” (Atlantic’s Reply Brief, p. 3) 34 .

Amodio v. Board of Commissioners of West New York

133 N.J.L. 220 · Supreme Court of New Jersey · Sep 14, 1945

We think it clearly expresses an intent to prohibit open shops of this class at times other than those prescribed. … The outstanding purpose was to establish the hours when such shops shall be closed to business, not to make open shops mandatory during the hours fixed for business. Defendants so read the regulation.

Yacker v. Weiner

109 N.J. Super. 351 · New Jersey Superior Court Appellate Division · Mar 6, 1970

Testimony was given by a well-qualified builder that anyone computing the probable cost for the construction of the buildings in 1965 would have arrived at a figure in the neighborhood of $900,000. … The claim of the receiver for Rooney is established at $5,449.94, together with interest at 6% from December 31, 1966 through the date of payment.

Garden State Farms, Inc. v. Bay

77 N.J. 439 · Supreme Court of New Jersey · Aug 9, 1978

IY, § 7, ¶ 11, legislative intent to supersede local powers must clearly be present. Kennedy v. City of Newark, 29 N. J. 178, 187 (1959); see also Summer v. Teaneck, 53 N. J. 548, 554 — 555 (1969). … Clearly he should, at the very least, acknowledge the relevance of the local zoning ordinance with respect to applications for private heliports and helistops.

QBE Ins. Co. v. P & F CONTAINER

362 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Jul 30, 2003

him for such operation, and the jury finds that he was so engaged and qualified, then under the regulations the carrier must be held to have assumed "exclusive possession, control and use of and to be responsible for the … The Court clearly interpreted the federal regulation to be applicable to all carriage by a leased vehicle that was available for interstate transport on behalf of an I.C.C. certificated carrier, even if the specific travel

LOUIS MAGNIFICO VS. NATHANIEL JAMES (L-4279-16, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 3, 2019

Given these undisputed facts, James is a qualified driver with a condition that, by itself, does not prevent him from driving. … Further, Millburn appropriately has a robust policy in place for qualifying and re-qualifying its drivers.

In Re Alleged Improper Practice Under Section Xi

194 N.J. 314 · Supreme Court of New Jersey · Apr 9, 2008

The Panel then applied its own standard — a modified version of the one established in Fibreboard Paper Products Corp. v. … Last, the Panel clearly believed that lower paying non-union security jobs threatened to eventually drive down the wages of PBA police officers. [1] 97 PAERP 28, at 22-23.

State v. Ball

268 N.J. Super. 72 · New Jersey Superior Court Appellate Division · Aug 6, 1993

This argument is clearly without merit. The contention that the evidence did not establish a single unified RICO enterprise or conspiracy is addressed in the Bassi-RICO portion of this opinion. … Such clearly was not the case here.

Impey v. Board of Educ. of Borough of Shrewsbury

142 N.J. 388 · Supreme Court of New Jersey · Aug 14, 1995

Those enactments clearly authorize a local board of education to enter into a contract with an educational services commission to obtain speech correction services for its eligible pupils. … Specifically, petitioner asserts that tenured professional employees must be retained by local boards of education for positions for which they are qualified, and that the reduction-in-force statute, N.J.S.A 18A:28-9, cannot

DANIEL MATTOS VS. PVT. PETER S. HOTALEN - AMERICAN LEGION POST 157 (L-0328-14, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 22, 2018

These subsequent remedial measures are not admissible to establish negligence. … As framed by the Court, "the question arose whether the City and its electrical inspector . . .[,] alleged by the plaintiffs to be at least partially at fault for the fire[,] are entitled to qualified or absolute immunity