Case law

STEVEN I. GROSS VS. KEVIN A. IANNUZZI (L-3360-14 AND L-6543-14, ATLANTIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 5, 2019

would clarify the scope and applicability of the exemption by changing the definition of "highest applicable flood elevation standard" and "new FEMA base flood elevation," and by establishing … In amending the Act, our Legislature has clearly determined to use a different definition of "structure." Further, the Act does not require a finding of "substantial" damage.

Paul v. Baltimore Upholstering Co.

66 N.J. 111 · Supreme Court of New Jersey · Nov 15, 1974

However it would be fair and consonant with the clearly inferable intent of the Legislature as to how such a situation should be handled, had it been contemplated when the statute was drawn, for the subsequent carrier to … The general sclerotic condition from which Paul suffered prior to the last infarction would not qualify as a prior partially and permanently disabling condition, as *124 it was not then “fixed, measurable and arrested,” see

State v. Winne

12 N.J. 152 · Supreme Court of New Jersey · Mar 30, 1953

Such discretion must be exercised in accordance with established principles of law, fairly, wisely, and with skill and reason. … That likewise is clearly not the situation here.”

Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities

207 N.J. 489 · Supreme Court of New Jersey · Aug 23, 2011

Second, we will not insert an “ ‘additional qualification’ ” into a clearly written statute when “‘the Legislature pointedly omitted’ ” doing so. DiProspero, supra, 183 N.J. at 492, 874 A.2d 1039 (quotation omitted). … An entity qualifies as a “public body” if it either performs a governmental function or is authorized to expend public funds.

Anna K. D'antonio v. the Newark Public Schools, Etc.

New Jersey Superior Court Appellate Division · Apr 15, 2025

The first is "by establishing . . . that the plaintiff was better qualified for the position than the minority candidate selected." Ibid. … Plain error occurs when the error was "clearly capable of producing an unjust result."

EDWARD FOX VS. CATHERINE FOX (FM-04-0355-16, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 9, 2019

Naturally, to establish an asset's appreciation, its value must be established at both the beginning and the end of the valuation period. … Because the burden to establish an asset's immunity "rest[s] upon the spouse who asserts it," Painter, 65 N.J. at 214, we hold that Edward must prove that EBN had value in 2004.

ELIZABETH B. POLING VS. BNY MELLON WEALTH MANAGEMENT ALBERT C. BARCLAY, JR. VS. ALBERT C. BARCLAY, JR. (C-000041-15, C-000209-95, C-000146-96, AND L-1562-96, MERCER COUNTY AND STATEWIDE)(CONSOLIDATED)

New Jersey Superior Court Appellate Division · Oct 29, 2018

The court found the claim against the partition commissioner particularly egregious, and "border[ed] on the sanctionable," because he "clearly ha[d] absolute qualified judicial immunity in this case." … The partition commissioner moved to dismiss based on judicial immunity.

Synnex Corp. v. ADT SECURITY SERV. INC.

394 N.J. Super. 577 · New Jersey Superior Court Appellate Division · Jul 13, 2007

We reject the arguments Synnex presents in support of its conditional cross-appeal as clearly without merit. … We also indicated that a court should consider "whether the limitation is a reasonable allocation of risk between the parties or whether it runs afoul of the public policy disfavoring clauses which effectively immunize parties

Fisher v. BD. OF ED. OF UNION TP.

94 N.J. Super. 359 · New Jersey Superior Court Appellate Division · Mar 2, 1967

Clearly, then, the fact that the equipment is electrically energized is not controlling in determining the category to which it should be assigned. … As already noted, all qualified contractors, be they heating or electrical, may bid for the proposed work under the revised specifications.

State v. Ricks

326 N.J. Super. 122 · New Jersey Superior Court Appellate Division · Nov 24, 1999

Thus, defendant must demonstrate that the judge's answer constituted plain error, such that it was "clearly capable of producing an unjust result." R. 2:10-2. … A jury is not qualified to say without guidance which purposes for possessing a weapon are unlawful and which are not.

State v. C.H.

264 N.J. Super. 112 · New Jersey Superior Court Appellate Division · Apr 27, 1993

The testimony defendant attempted to elicit clearly constituted hearsay. … If this had been a traditional medical issue setting, her statement, phrased as it was, would not have been competent to establish medical probability, the standard necessary to establish injury or causation.

Ruvoldt v. Nolan

63 N.J. 171 · Supreme Court of New Jersey · Jun 5, 1973

For reasons to be stated we have concluded that the totality of the circumstances of this case would render it clearly unjust now to apply a substantive rule of disentitlement of pension against Ruvoldt, and we therefore … R. 2d 939, 949 (1960), the principle well established in this State, as well as generally, 2 Am. Jur. 2d “Administrative Law”, § 520 et seq., p. 329 et seq. (1962); Annot., 73 A. L.

Klebanow v. Glaser

80 N.J. 367 · Supreme Court of New Jersey · Jun 22, 1979

Since no citizen enjoys immunity from that burden, its retroactive, imposition does not necessarily infringe due process, and to challenge the present tax it is not enough to point out that the taxable event, the receipt … One observer, after reviewing some of the many bills introduced in the Legislature, commented that: Clearly, New Jersey taxpayers were given more than reasonable notice as to the potential for a tax on capital gains long

Rachele Louise Castello v. Alexander M. Wohler, M.D.

446 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 20, 2016

Edoga was qualified to testify as an expert because he satisfied the PFA, particularly the additional statutory requirements enumerated in N.J.S.A. 2A:53A- 41(a)(1) and (2). … essential; (3) an explanation for counsel's failure to request an extension of the time for discovery within the original time period; and (4) the circumstances presented were clearly

WELCH v. UNITED STATES OF AMERICA

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.

HOPKINS v. HICKS

District Court, D. New Jersey · Feb 28, 2025

Exposure alone does not establish a constitutional violation[.]” Graham v. Aviles, No. 22–cv– 5760, 2022 WL 16949131, at *4 (D.N.J. Nov. 14, 2022) (citing Hope v. … App’x at 166 (“We therefore agree with the [d]istrict [c]ourt’s assessment that amendment of the complaint would be futile because the statute of limitations clearly had expired when [plaintiff] filed this complaint.”)

Den v. Helmes

3 N.J.L. 1050 · Supreme Court of New Jersey · Sep 15, 1813

He lays it down “ as an established rule of law,” that though the record be not produced, nor any proof adduced, of its being lost, yet under circumstances, it may be left to the consideration of a jury, whether there is … Com. 302, it is laid down, “that if the words of a deed clearly and legally declared the parties’ meaning, it is sufficient.”

State v. Brandon Morrison(076379)

227 N.J. 295 · Supreme Court of New Jersey · Dec 14, 2016

Officers and employees of government “performing a governmental function” are clearly acting as public servants. See N.J.S.A. 2C:27-1(g). … There, the Law Division held that an agent of the Society for the Prevention of Cruelty to Animals (S.P.C.A.) -- a corporation “formally acknowledged and established by statute” and given the power to enforce all laws

Acken v. Osborn

45 N.J. Eq. 377 · New Jersey Court of Chancery · May 15, 1889

. *380 It is an established rule of interpretation of a testator’s intention, that, where the time specified in a bequest is annexed to the payment only, as where a legacy is given, payable when the legatee reaches a certain … If the proviso had referred to any such child dying before its mother, the issue of that child would clearly take by *382 substitution, but the child dying is not restricted, by a qualifying word, to the class of primary

New Jersey Ass'n for Retarded Citizens, Inc. v. New Jersey Department of Human Services

89 N.J. 234 · Supreme Court of New Jersey · May 13, 1982

Hunterdon is required to establish written individualized plans for each child and to put those plans into effect. N.J.S.A. 30:6D-10. … This regulation clearly mandates that the pupil/staff ratio for all children eligible for day training shall be three-to-one with no more than 9 pupils per classroom.