Case law

State v. Grant

196 N.J. Super. 470 · New Jersey Superior Court Appellate Division · Oct 15, 1984

The trial court agreed with the municipal court judge that defendant qualified as a repeat offender and imposed essentially the same penalty. This appeal followed. … Indeed, the evidence is clearly to the contrary.

State v. Puryear

52 N.J. 81 · Supreme Court of New Jersey · Jun 6, 1968

The proofs adduced by the State clearly showed that at no time during the presence of the. police in the apartment did defendant make an appearance. … “Most large-city gambling is established or controlled by organized crime members through elaborate hierarchies.

United States v. Harris

317 F. Supp. 2d 542 · District Court, D. New Jersey · May 13, 2004

This does not establish a valid waiver of the fundamental Sixth Amendment right to counsel. … Outterbridge was clearly advised of this minimal step he could take to assert his suppression rights, he refused to do so.

Novak v. Home Depot U.S.A., Inc.

259 F.R.D. 106 · District Court, D. New Jersey · Aug 27, 2009

Deposition testimony establishes that MASMs’ jobs include many non-managerial duties. … Plaintiff posits that to qualify as an exempt employee, the employee must, among other things, be paid on a salary basis.

Polyard v. Terry

148 N.J. Super. 202 · New Jersey Superior Court Appellate Division · Jan 28, 1977

The legislative intent clearly would not apply to this most substantial injury. Our courts have held that the $1,000 limitation is not a total bar to recovery. … Such a defense has not been clearly established in the law of this State, despite dictum in some New Jersey opinions. Contrary decisions from other jurisdictions are not persuasive here.

Worden v. Mercer County Board of Elections

61 N.J. 325 · Supreme Court of New Jersey · Jul 14, 1972

Registration tests that make it more difficult for non-native students to qualify than for other students or citizens with similar intentions should be prohibited. … All this was in violation of the legal principles approvingly expressed in this opinion and clearly called for broad judicial relief.

In re Reynolds

287 F. Supp. 666 · District Court, D. New Jersey · Mar 14, 1967

The jurors had been clearly and unequivocally instructed that in the absence of a recommendation, the penalty was death. … The poll here was conducted in accordance with the established practice and the responses of the jury indicated unanimity in the verdict.

Shambaugh v. Wolk

302 N.J. Super. 380 · New Jersey Superior Court Appellate Division · Jul 31, 1996

Thus, R. 5:1 and R. 5:2 address, respectively, cognizability and venue____ (emphasis added) As such, the full text of the Note clearly establishes that the revised Part V of the Rules does not portend to enhance the jurisdiction … Clearly, plaintiff’s mother has indicated to her treating physician, Dr.

ISKOS. v. Planning Bd. of Tp. of Livingston

51 N.J. 162 · Supreme Court of New Jersey · Feb 5, 1968

Barnabas decided to establish a modern medical center elsewhere. … Moreover, in terms of the original grant of 1958, it qualifies also as an appurtenance.

J.W. VS. TOWNSHIP OF LIVINGSTON (L-4228-17, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 9, 2020

These facts established probable cause that he violated the no-contact order. During the course of the phone conversation, the judge asked questions and made comments irrelevant to his ultimate decision. … Since the municipal court judge's finding of probable cause was warranted, he is clearly entitled to absolute immunity for his issuance of an arrest warrant. See N.J.S.A. 59:3-2(b); see also Malik v.

In re Alleged Non-Compliance by RCN of NY

186 N.J. 83 · Supreme Court of New Jersey · Mar 1, 2006

Despite growing federal and state regulatory involvement in the cable industry, the FCC established exceptions that exempt certain cable providers from regulation. … No. 98-549, 98 Stat. 2779 (codified as amended at 47 U.S.C. §§ 521 to 573), which adopted the dual, federal-state regulatory system first established by the FCC.

GAMBRELL v. SOUTH BRUNSWICK BOARD OF EDUCATION

District Court, D. New Jersey · May 20, 2020

While the SAC is not clearly pled, Mrs. Gambrell seems to allege that for at least three years, the School Board and Ms. Bunnell “did not appreciate [sic] [Mrs. … It is well established, however, that “a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.” Monell v. Dept.

HUNTER v. SCHULLERY

District Court, D. New Jersey · Apr 23, 2025

Defendant also asserts that, even if the claim were properly pled, she is entitled to qualified immunity, rendering any amendment futile. Id. at 10-14. … As Plaintiff has failed to adequately plead an Eighth Amendment deliberate indifference claim, the Court focuses on that argument and declines to address qualified immunity.

Jacobs v. New Jersey State Highway Authority

54 N.J. 393 · Supreme Court of New Jersey · Jul 14, 1969

This Act established a pension system for State employees. … In this situation, particularly since the legislative policy is clearly to provide pensions for public employees, a court should not find exclusion unless the two enactments cannot stand together reasonably.

Carteret Properties v. Variety Donuts, Inc.

49 N.J. 116 · Supreme Court of New Jersey · Mar 27, 1967

Although that limitation appears on the first page of the current lease, it is qualified as has been noted above to allow sale of newspapers and nickel candy, operation of a dining room or restaurant and installation and … Furthermore, jurisdiction to enter judgment for possession depends upon establishment of a breach of the use covenant of the lease. Defendant maintains plaintiff failed to meet that burden.

Summerill v. Hunt

25 N.J. Misc. 498 · Supreme Court of New Jersey · Nov 25, 1947

possession of said land or other property for the purposes for which the same was authorized to be taken * * These provisions of the act plainly disclose that the land taken by condemnation shall be for the authorized purpose (establishment … However, even with such legislative authority, the court clearly indicates that its-decision was based on the actual continuance of th° usé for which the property was acquired.

BARNES v. COUNTY OF MERCER

District Court, D. New Jersey · Nov 7, 2023

Moving Defendants are entitled to qualified immunity because their conduct towards Plaintiff was objectively reasonable, 7. … Ann. § 59:1-1, et seq., or in the alternative, Plaintiff’s claims are subject to the limitations and defenses established therein; 10. Plaintiff has failed to comply with the requirements of N.J. Stat.

State v. Thomas L. Scott (077434) (Monmouth and Statewide)

Supreme Court of New Jersey · Jun 28, 2017

(1991).2 Turning to the merits of the bias impeachment question, we agree with the State that Barbella's past acts of lying to protect her son, assuming they were proven to the jury, qualify … The sentencing judge was clearly made aware from the trial proofs that defendant possessed slightly more than a half of a gram of heroin, but nevertheless was persuaded to impose a five- year

Kazanjian v. Atlas Novelty Co.

34 N.J. Super. 362 · New Jersey Superior Court Appellate Division · Mar 10, 1955

Society for Establishing Useful Manufactures, 2 N.J. 136, 152 (1949). … Div. 1950), plaintiff's 40 years of experience as a rug merchant should serve to qualify him. Leider v. Pitock, 15 N.J. Super. 592 ( App. Div. 1951).

United Food & Commercial Workers Union v. Fleming Foods East, Inc.

105 F. Supp. 2d 379 · District Court, D. New Jersey · Jun 29, 2000

Fleming is one of the world’s largest distributors of wholesale food products much of which is distributed to retail food establishments. … Fleming is constantly attempting to increase its business by locating suitable food establishments for acquisition.