Case law

Laidlow v. Hariton MacH. Co., Inc.

170 N.J. 602 · Supreme Court of New Jersey · Feb 25, 2002

In fact, not every worker injured on the job receives compensation benefits and not all conduct by an employer is immune from common-law suit. … Furthermore, AMI argues that even if removal of a safety guard could qualify in some circumstances as an intentional wrong, the absence of any prior injury on its machine and Laidlow’s successful experience in operating the

Brien v. Lomazow

227 N.J. Super. 288 · New Jersey Superior Court Appellate Division · Aug 4, 1988

That protection, in effect, is the very same qualified immunity which, under N.J.S.A. 2A:47A-1, subjects a complainant to civil liability for complaints which are false, malicious and without probable cause. … As plaintiff has failed to establish a successful malicious prosecution action and that claim was properly dismissed, we conclude that defendant is entitled to the immunity embodied in N.J.S.A. 45:9-19.1.

COMMUNITY ACTION PROG. EXEC. DIR. ASS'N OF NJ, INC. v. Ash

365 F. Supp. 1355 · District Court, D. New Jersey · Aug 28, 1973

One class consists of all individuals eligible, qualified and designated as participants in NYC programs for the summer of 1973. … The other class comprises all Community Action Agencies established and qualified under the EOA, which sponsor summer NYC programs.

Estate of Muscle v. Director

26 N.J. Tax 192 · New Jersey Tax Court · Nov 30, 2011

To the contrary, the sequence of events establish that it was only after Jackson met with Mr. … Rather, it only evidenced “an intent to preserve the decedent’s assets and estate for her heirs and clearly constitutes a testamentary disposition.” Ibid.

Essential Communication System, Inc. v. American Telephone & Telegraph Co.

446 F. Supp. 1090 · District Court, D. New Jersey · Mar 13, 1978

It further argues that ATT cannot establish the requisite repugnancy between the regimes for implied immunity based on the post Carterfone tariffs because those tariffs were found unlawful and, accordingly, were void ab initio … First, even assuming arguendo that the holding of the First Report is retroactive, we could not at this time properly deny ATT’s claim of immunity solely due to a failure to establish the requisite repugnancy.

Hon. Dana L. Redd v. Vance Bowman(073567)

223 N.J. 87 · Supreme Court of New Jersey · Aug 11, 2015

The Court then observed: That sampling clearly establishes that the Legislature has determined, on multiple occasions, those municipal matters that should not be called before the voters … The burden is on the party seeking to defeat the Faulkner Act to clearly establish the existence of a contrary legislative intent.

Renz v. Penn Central Corp.

87 N.J. 437 · Supreme Court of New Jersey · Sep 28, 1981

Moreover, we note that there has long been an established exception to the general rules governing landowner liability to trespassers, whereby property owners are subject to a higher standard of care when the property owned … interspousal immunity.

Patricia Bullock-Pierce v. Cabria Davis

New Jersey Superior Court Appellate Division · Oct 2, 2025

Notwithstanding DeShaney and its exceptions, the sergeant asserts she is entitled to qualified immunity on the due process claims because the record does not clearly establish her failure to arrest the boyfriend would be … Finally, qualified immunity is a doctrine which shields government officials from civil liability when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Muhammad v. Department of Corrections

645 F. Supp. 2d 299 · District Court, D. New Jersey · Nov 12, 2008

Notwithstanding the fact that his lower bunk restriction was “clearly indicated throughout [his] medical file,” (id. at ¶ 23), the officers refused to transfer Plaintiff. (Id. at ¶22.) … Abrogation of Sovereign Immunity Under Section 5 of the Fourteenth Amendment Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation

Neshaminy Constructors, Inc. v. Krause

181 N.J. Super. 376 · New Jersey Superior Court Appellate Division · May 21, 1981

The clause has been construed by the United States Supreme Court as establishing "a norm of comity," Austin v. … Following the standards established in Toomer, the Supreme Court has recently handed down a decision, Hicklin v.

Carol Ann Conforti v. County of Ocean 086206)

Supreme Court of New Jersey · Aug 10, 2023

None grants immunity only to “medical facilities” or public entities or public employees that qualify as medical facilities. … Conforti’s well-being and was clearly unreasonable and therefore negligent.

Smith v. Kroesen

9 F. Supp. 3d 439 · District Court, D. New Jersey · Mar 25, 2014

One basis is that he is immune from liability for plaintiffs injuries under N.J.S.A. 2A:62A-6 and 42 U.S.C. § 14501 et seq., both of which afford immunity to volunteer athletic coaches for damages incurred by a player during … under the federal volunteer immunity act.

Kerchner v. Obama

669 F. Supp. 2d 477 · District Court, D. New Jersey · Oct 20, 2009

Defendants Cheney and Pelosi are also entitled, Defendants argue, to legislative immunity, and Defendants Obama, Cheney, and Pelosi are entitled to qualified immunity as to all of Plaintiffs’ claims. II. DISCUSSION A. … have qualified.

Nielsen v. Lee

355 N.J. Super. 373 · New Jersey Superior Court Appellate Division · Dec 3, 2002

The sole issue before us is whether at the time of the accident Metuchen's establishment of a statutory shade tree commission afforded absolute immunity from liability for sidewalk defects caused by a tree to the abutting … Clearly, had this sidewalk accident occurred on or after December 5, 1996, rather than two months earlier, there would be no doubt as to the duty and liability of the commercial abutting owners.

O'Regan v. Schermerhorn

25 N.J. Misc. 1 · Supreme Court of New Jersey · Nov 6, 1946

Hor can this pleading be sustained as a plea of qualified privilege because the necessary element of lack of malice is not properly alleged. … Cowles, supra, and in the case of a qualified privilege, that publication was without malice.

Caissie v. City of Cape May

619 F. Supp. 2d 110 · District Court, D. New Jersey · May 27, 2009

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity … County of Bucks, 455 F.3d 418 , 423 n. 2 (3d Cir.2006) (refraining from conducting qualified immunity analysis where no constitutional violation has been established (citing Saucier, supra)).

Matter of Fiorillo Bros. of NJ

242 N.J. Super. 667 · New Jersey Superior Court Appellate Division · Jul 23, 1990

Midcal Aluminum, Inc., 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed. 2d 233 (1980), the Supreme Court announced the following test for immunity under the Sherman Act: These decisions establish two standards for antitrust immunity … However, the Legislature simultaneously recognized the need to regulate the industry, clearly intending to establish a comprehensive regulatory structure. N.J.S.A. 13:1E-2.

Tp. of Washington v. CENT. BERGEN COMMUNITY MENTAL HEALTH CENTER, INC.

156 N.J. Super. 388 · New Jersey Superior Court Appellate Division · Jan 4, 1978

The claim of immunity by Central from the zoning ordinance. The contention of defendants that Central is immune from the provisions of the zoning ordinance is without merit. … Laurel characteristics, which Washington Township so clearly is here. Segal Constr. Co. v. Wenonah Bd. of Adj., 134 N.J. Super. 421 (App. Div. 1975).

Green v. City of Paterson

971 F. Supp. 891 · District Court, D. New Jersey · Jun 26, 1997

Qualified immunity exists when “a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” Anderson v. … “Where a defendant asserts a qualified immunity defense in a motion for summary judgment, the plaintiff bears the initial burden of showing the defendant’s conduct violated some clearly established statutory or constitutional

Guarini v. State of New York

215 N.J. Super. 426 · New Jersey Superior Court Appellate Division · Mar 18, 1986

The purpose of the New Jersey statute is to "re-establish" sovereign immunity. English v. Newark Housing Authority, 138 N.J. Super. 425, 428 (App.Div. 1976). See Glen v. … That process is clearly preferable to litigation. *441 As the United States Supreme Court said in Texas v.