Case law

Pine Grove Manor v. Director, Div. of Taxation

68 N.J. Super. 135 · New Jersey Superior Court Appellate Division · Jun 12, 1961

Again, we have a statement qualifying the purported nonprofit features. … Thus the facts and circumstances in each case must clearly and convincingly establish the right to exemption within the statute granting exemption, otherwise the general rule is invoked which subjects `all property to a just

MURRAY v. United States

District Court, D. New Jersey · Oct 13, 2021

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” are entitled to Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to … A plaintiff must allege facts that “establish each individual [d]efendant’s liability for the misconduct alleged.” Id.

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.

Kuehn v. Pub Zone

364 N.J. Super. 301 · New Jersey Superior Court Appellate Division · Nov 24, 2003

Clearly, no negligence on the part of the plaintiff can be found under the former scenario. Nor do we find negligence as the result of any statement by plaintiff urging that the Pagans be permitted to remain. … Knowledge gained in this fashion is sufficient to render an expert qualified and to serve as a foundation for his opinion.

Richard's Auto City, Inc. v. Director, Division of Taxation

140 N.J. 523 · Supreme Court of New Jersey · Jun 21, 1995

N.J.S.A. 14A:10-6 describes the effect of a merger or consolidation: (c) Such surviving or new corporation shall, to the extent consistent with its certificate of incorporation as amended or established by the merger or consolidation … , possess all the rights, privileges, powers, immunities, purposes and franchises, both public and private, of each of the merging or consolidating corporations.

Bloom v. Clara Maass Medical Center

295 N.J. Super. 594 · New Jersey Superior Court Appellate Division · Dec 13, 1996

Clearly, the hearing and appeal procedures mandated by the bylaws were not triggered in this case. … Both doctors and their patients may suffer if otherwise qualified physicians are wrongly denied staff privileges.

State v. Jamil McKinney(073070)

223 N.J. 475 · Supreme Court of New Jersey · Aug 27, 2015

To warrant reversal, the error must be clearly capable of producing an unjust result. … Additionally, the defendant alleged that the trial judge did not clearly establish that an attempt requires a purposeful mens rea, even if another mental state could establish the underlying crime. Id. at 298.

Shoup v. Dowsey

134 N.J. Eq. 440 · New Jersey Court of Chancery · Feb 25, 1944

He also acquired ten shares of stock from the complainant to qualify him as a director in the Canadian Company. … The proofs in this case in my opinion clearly establish that there was a fiduciary relationship of attorney and client existing between the parties hereto at the time the aforesaid transactions were entered into and it began

Hunter v. Greenwood Trust Co.

856 F. Supp. 207 · District Court, D. New Jersey · Nov 24, 1992

There is no federal right or immunity that is a “necessary element” of any of these claims. … This court therefore will not address complete preemption removal as defendant clearly does not rely thereon for removal purposes.

In Re the Civil Commitment of W.X.C., SVP 458-07

204 N.J. 179 · Supreme Court of New Jersey · Nov 9, 2010

Defendant's argument, however, is not based on the framework that the Court's majority established in Hendricks . … Clearly, this type of treatment is indicated, as is continued treatment for substance abuse.

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.

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.

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.

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

WASHINGTON v. MORRIS COUNTY PROSECUTORS OFFICE

District Court, D. New Jersey · Dec 20, 2021

Here, Plaintiff clearly challenges the validity of a conviction by asserting a conspiracy against him to pursue charges despite Defendants’ knowledge of his innocence. … The final filing is another addendum preemptively asserting that the judge presiding over his criminal matter is not entitled to qualified immunity because the judge knowingly conspired with the other defendants to deny

In Re DeJesus

243 B.R. 241 · United States Bankruptcy Court, D. New Jersey · Oct 21, 1999

The CF & I assessment is clearly an involuntary pecuniary burden. … While motor vehicle surcharges are clearly civil penalties and remedial in nature, they do serve a purpose of deterrence. See Lugo v.

In the Matter of social/family Service Worker Trainee, Etc.

New Jersey Superior Court Appellate Division · May 7, 2025

Establish, consolidate and abolish titles; c. … In a similar vein, CWA has not proffered any authority establishing the County's appointment from both the pool of qualified Trainees and the eligible list of candidates who took the promotional examination violated the

CRAWFORD v. STATE OF NEW JERSEY

District Court, D. New Jersey · Aug 9, 2019

They argue that damages claims against them in their official capacities must be dismissed, that Crawford’s claims are barred by qualified immunity, that Crawford has failed to adequately plead constitutional claims, and … Such claims are clearly impermissible. See Will, 491 U.S. at 65–66, 71 & n.10.

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.

State v. Paduani

307 N.J. Super. 134 · New Jersey Superior Court Appellate Division · Jan 15, 1998

Defense Counsel: Judge, are we going to qualify this witness as an expert? Prosecutor: That’s not necessary. The Court: Just a general background, Mr. Baldi (defense counsel). Prosecutor: Judge, can I approach? … Clearly, the defense was not prejudiced by the *146 unrecorded sidebar conference which itself was prompted by defendant’s prior objection to the State’s questions.