Case law

O'Boyle v. Dist. I Ethics Comm.

421 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Aug 12, 2011

to review a decision of the [C]ommittee or to compel the [C]ommittee *813 to prosecute a grievance, (2) [] plaintiff has no constitutional right to have [the] [C]ommittee review his grievance, and (3) [] defendants have immunity … Considering, in part, the available resources and the backlog of cases, the Supreme Court clearly had a rational basis for streamlining the disciplinary grievance intake procedure.

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

Idea Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC, Inc.)

532 B.R. 216 · United States Bankruptcy Court, D. New Jersey · Jun 24, 2015

Thus, the Court holds that these proceedings are predicated upon a provision of title 11, and qualify as matters “arising under” title 11. … In Churchill, the court recognized that § 365(h) is specific, as it grants a particular set of clearly stated rights to lessees of rejected leases.

Empire Box Corp. v. Willard Sulzberger Motor Co.

104 F. Supp. 762 · District Court, D. New Jersey · May 6, 1952

The course of conduct subsequently pursued by the parties is clearly consistent with their obvious intent to establish an interstate carrier service under the mere guise of a lease. … at Stroudsburg above the established máximums.

State v. Scoles

214 N.J. 236 · Supreme Court of New Jersey · Jun 13, 2013

That right clearly extends to the assistance of experts to aid in the accused’s defense. State v. … As a result, the proceedings below could not be expected to comply with the process or the procedural and substantive safeguards established by this opinion.

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.”

Den ex dem State v. Helmes

3 N.J.L. 1051 · Supreme Court of New Jersey · Sep 15, 1813

Com. 302, it is laid down, “that if the words of a deed clearly and legally declared the parties’ meaning, it is sufficient.” … And again, “ the office of the habendum is to determine what estate or interest is granted by the deed; though this is sometimes performed in the premises, in which case, the habendum may lessen, enlarge, explain or qualify

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

Spectraserv v. MIDDLESEX UTIL.

416 N.J. Super. 565 · New Jersey Superior Court Appellate Division · Nov 18, 2010

The statute establishes specific means to effectuate this mandate. Custodians of public records must develop forms for OPRA requests that "provide space for... a brief description of the government record sought." … And although OPRA clearly contemplates the production of such records on an accelerated basis, Spectraserv's demand does not so qualify because, for reasons already stated, it was not authorized by law. III.

State v. Porro

152 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Aug 1, 1977

He may be a willing witness or one who will be given immunity from prosecution in order to obtain his testimony. … "The application shall point out clearly the particulars sought by the defense."

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.

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.

Chirino v. Proud 2 Haul, Inc.

458 N.J. Super. 308 · New Jersey Superior Court Appellate Division · Nov 30, 2017

However, this limitation is "subject to finite, qualified exceptions." Robinson , supra , 200 N.J. at 20 , 974 A.2d 1057 . … See Witt , supra , 223 N.J. at 419 , 126 A.3d 850 (finding "it would be unfair, and contrary to our established rules," to decide an issue when the respondent was "deprived of the opportunity to establish a record that might

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

Deedra Brewer v. William Henderson, III

New Jersey Superior Court Appellate Division · Jul 1, 2025

In a written decision, the court found Henderson produced evidence clearly establishing the shed was encroaching on his parcel and plaintiff produced no convincing evidence to the contrary. … immunity; (5) Miller recklessly removed the utility pole; (6) Klaudi and Jamison acted in concert with Vizzard to take plaintiff's property at a meeting of the township governing body; (7) plaintiff obtained title to

New Brunswick Cellular Telephone Co. v. Zoning Board of Adjustment

307 N.J. Super. 560 · New Jersey Superior Court Appellate Division · Jan 29, 1997

Westwood Zoning Bd. of Adjustment, 138 N.J. 285, 287 , 650 A.2d 340 (1994), established the standards for reviewing an application to deviate “from a specification or standard ... pertaining solely to a conditional use” under … CONCLUSION For the reasons set forth above, the Board’s rejection of Com-cast’s application for a d(3) variance was clearly arbitrary, capricious and unreasonable.

CWA Local 1044 v. Chief Justice of Supreme Court

118 N.J. 495 · Supreme Court of New Jersey · Apr 18, 1990

Again, with highly qualified members from both labor and management along with representatives of the judiciary, the Task Force, chaired by former Attorney General James R. … We do not believe that our present policy is so clearly correct as to be beyond reexamination at this time.

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.

R.D. VS. L.S.B. (FV-07-1674-20, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Nov 15, 2021

And there . . . is a litigation immunity . . . … A civil allegation, unless found to be an abuse of process or a frivolous lawsuit, does not qualify as "harassment" or "domestic violence," as required under the NJPDVA.

MOSHE ROZENBLIT VS. MARCIA v. LYLES (C-000002-17, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 21, 2019

The establishment of a sick leave bank must be "agreed upon by the board and the majority representative." … In N.J.S.A. 18A:30-8, the Legislature clearly stated that a school district employee who qualifies as a member of the United States team for athletic competition on the world level "shall be granted a leave of absence with