Case law

JIMOH v. RAIMONDO

District Court, D. New Jersey · Dec 31, 2024

seeks relief from an immune defendant. For the reasons set forth below, Plaintiff’s Complaint is dismissed without prejudice. Plaintiff brings this action against Gina M. … Yet Plaintiff does not specifically allege his racial identity or national origin, nor any fact that would establish his race or national origin to qualify him as a member of a protected class.

Sholtis v. American Cyanamid Co.

238 N.J. Super. 8 · New Jersey Superior Court Appellate Division · Dec 22, 1989

Yet the Supreme Court in Fosgate clearly stated that *28 in a situation where the malpractice or other tortious act aggravates a preexisting disease or condition, the innocent plaintiff should not be required to establish … Fireco of New Jersey, 81 N.J. 548, 566 , 410 A. 2d 674 (1980). [8] This statement would appear to qualify the contrary determination of this court in Namm v. Charles E. Frosst & Co., 178 N.J.

NJ Assoc. Ins. Agents v. HOSP. SERV. PLAN.

128 N.J. Super. 472 · New Jersey Superior Court Appellate Division · May 21, 1974

The distinction between "medical service corporations" and "health and accident insurers" was clearly set forth by our Supreme Court in Group Health Ins. of N.J. v. … Clearly, as to the "hospitalization" services and supplies (items 1 to 9 in Art.

Dilts v. Franklin Township Planning Board

272 N.J. Super. 253 · New Jersey Superior Court Appellate Division · Feb 5, 1993

“The applicants offered no testimony that the proposed sixty-two acre parcel would have qualify [sic] for separate farmland preservation funds.” … The ARDA is the enabling legislation for the establishment of county, state and local development boards.

BRUSCIANELLI

District Court, D. New Jersey · Dec 5, 2025

Plaintiff does, however, clearly kick at his cell door. … entitled to Eleventh Amendment immunity in this matter.

State v. Louf

126 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Jul 2, 1973

In Varelli , as the court held, there were clearly two separate conspiracies: (1) to hijack polaroid equipment, and (2) to hijack silver shipments. … By way of analogy, one of two co-conspirators may be convicted, although his co-conspirator has secured immunity from prosecution by becoming a witness for the prosecution. People v. Gilbert, 26 Cal.

EL BOMANI v. BARAKA

District Court, D. New Jersey · Jun 9, 2021

However, legislative immunity does not bar Section 1983 suits against municipal members in their official capacities. … Here, the Amended Complaint lists “Luis Quintana, Councilman at large” as the defendant—seemingly, though not clearly, in his official capacity. (Am. Compl. at 3.)

T.S. VS. TOWNSHIP OF IRVINGTON AND ANTHONY VAUSS (L-7401-14, ESSEX COUNTY AND STTATEWIDE)

New Jersey Superior Court Appellate Division · Mar 14, 2019

"Although defamatory, a statement will not be actionable if it is subject to an absolute or qualified privilege. … A statement made in the course of judicial, administrative, or legislative proceedings is absolutely privileged and wholly immune from liability." Erickson v.

Township of Alexandria v. Latter House of Glory, Inc; Latter House of Glory, Inc v. Township of Alexandria

New Jersey Tax Court · Apr 1, 2025

Determining whether a property qualifies for a tax exemption is a legitimate purpose satisfying the first of the Powell criterion. … “[T]he First Amendment does not immunize the church from all temporal claims made against it.” McKelvey, 173 N.J. at 46. Churches are “not above the law.” Id. at 54.

Heaton v. State Health Ben. Com'n

264 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Apr 27, 1993

The Program was first established and described in the New Jersey Health Benefits Program Act in 1961. L. 1961, c. 49; N.J.S.A. 52:14-17.25 to -33. … The Commission is created by N.J.S.A. 52:14-17.27 to "establish a health benefits program for the employees of the State * * * [and to] establish rules and regulations as may be deemed reasonable and necessary for the administration

Wasserman v. Wharton

223 N.J. Super. 394 · New Jersey Superior Court Appellate Division · Mar 2, 1988

Newark/Royal argued before the trial court that the release consequently immunized it from plaintiffs' claim respecting UIM benefits. … It is not necessary for the client in order to establish a breach of duty to prove that he laid out for the broker the elements of a contract of insurance.

Kanouse v. Slockbower

48 N.J. Eq. 42 · New Jersey Court of Chancery · Feb 15, 1891

Evens, 11 Vr. 402 , 413, is to this effect: Whenever the testator’s intention to give the whole, as an entirety, clearly appears from the language of the will, whether such intention is expressed by a designation, by a name … Justice Gray: “ The general rule of construction of all grants of land bounded by water of any hind is now well established, that, unless qualified by restrictive words, they pass the soil towards the centre of the water

State v. Ogburne

235 N.J. Super. 113 · New Jersey Superior Court Appellate Division · Jul 21, 1989

These arguments are clearly without merit and do not require extended discussion. R. 2:11-3(e)(2). … Defendant does not dispute that he qualified for sentencing as a persistent offender pursuant to N.J.S.A. 2C:44-3a.

In the Matter of the Estate of Michael D. Fisher, II

443 N.J. Super. 180 · New Jersey Superior Court Appellate Division · Dec 11, 2015

child by willfully forsaking him [or her]" and stated that the "court's task [was] to determine whether the actions and inactions of [Fisher], in the context of the previous court orders limiting his parental rights, qualify … Thus, for example, the burden of establishing lack of testamentary capacity is on the one who contests the will being offered for probate.

State v. Mykal L. Derry State v. Malik Derry (085795) (Atlantic County & Statewide)

Supreme Court of New Jersey · Jun 8, 2022

Surveillance footage from both businesses captured James standing outside of the two establishments when an unidentified man wearing a hood and mask rode up on a bicycle and shot James three times. … Indeed, the record does not clearly explain his area of expertise or the methodology he used to reach his conclusions.

OXFORD CONSUMER DIS. CO. v. Stefanelli

102 N.J. Super. 549 · New Jersey Superior Court Appellate Division · Sep 11, 1968

The business of making such loans is restricted to licensees qualifying under the terms of the act. Section 2. … There is possibly also implicated the privileges and immunities clause of the United States Constitution, asserted derivatively in this action by plaintiff on behalf of its shareholders. Cf. Hess v.

TUNG v. SUPERIOR COURT OF NEW JERSEY

District Court, D. New Jersey · Nov 10, 2020

Eleventh Amendment immunity may be invoked through a 12(b){1} motion because Eleventh Amendment immunity deprives the court of subject matter jurisdiction. Blanciak v. … ae Tung Does Not Allege That a Violation of Federal Law Is Continuing Even if Tung established that the New Jersey state courts criticized him to the point of sanctioning him, he would still need to establish that

Krys v. Aaron

112 F. Supp. 3d 181 · District Court, D. New Jersey · Jun 12, 2015

Taken together, these authorities therefore instruct that any qualified expert, including Mr. … It is, of course, the duty of counsel to clearly advise their, experts of any limitations placed on their testimony. VI. CONCLUSION An accompanying Order will be entered. .

New Jersey State Bar Ass'n v. Berman

11 N.J. Tax 433 · New Jersey Tax Court · Jan 14, 1991

“A statute is presumed to be constitutional and will not be declared void [as special legislation] unless it is clearly repugnant to the Constitution ... … These cases generally stand for the proposition that a license to practice law does not grant immunity from taxation as long as the taxing statute is limited to revenue raising and is not regulatory in nature.

RIVER NILE INVALID COACH AND AMBULANCE v. Velez

601 F. Supp. 2d 609 · District Court, D. New Jersey · Mar 9, 2009

(B) Has oversight procedures to monitor beneficiary access and complaints and ensure that transportation is timely and that transport personnel are licensed, qualified, competent, and courteous. … River Nile argues that this "contract of adhesion" does "not clearly express that the provider would be waiving a protected property right by entering into the contract." (Plt.'s Summ. J. Mot. at 15.)