Case law

Hornberger v. American Broadcasting Cos., Inc.

351 N.J. Super. 577 · New Jersey Superior Court Appellate Division · May 21, 2002

The Court established an *581 exception to this probable-cause requirement in Terry v. … Buckelew farmed some 4,000 acres (and was the first in the area to use marl on his land), supplied 700 mules for the Delaware and Raritan Canal, established the Freehold and Jamesburg Agricultural Railroad, and helped establish

Joel S. Lippman, M.D. v. Ethicon, Inc. (073324)

222 N.J. 362 · Supreme Court of New Jersey · Jul 15, 2015

Where the Legislature intended to impose an exhaustion requirement, it has said so clearly. … ANJMA argues in favor of a higher standard for watchdog employees to qualify for CEPA protection if they are to be eligible for such protection at all.

Sherman v. Citibank (South Dakota), N.A.

143 N.J. 35 · Supreme Court of New Jersey · Nov 28, 1995

.] *47 On its face, section 85 immunizes national banks that lend money beyond their home-state’s borders from local usury laws that might give local banks a competitive advantage. … [that are] an integral part of a bank’s decision to establish the rate of interest that will be charged” typically are material. Id at *3.

Congiusti v. Ingersoll-Rand Co.

306 N.J. Super. 126 · New Jersey Superior Court Appellate Division · Dec 11, 1997

Kurt stated clearly that an operator would be safer on the ground than on a platform. … It may be a defendant who has already settled, a coemployee, a statutorily-immune party, or, as here, a plaintiff benefitting from the Suter contributory negligence holding.

United States v. Parker

19 F. Supp. 450 · District Court, D. New Jersey · Apr 26, 1937

We replied to the effect that we hoped that the decision would appear clearly in the opinion. At or about 4:30 of the same afternoon we were advised by Mr. … State fully and clearly, the terms of the alleged conspiracy.

Disability Rights New Jersey, Inc. v. Velez

974 F. Supp. 2d 705 · District Court, D. New Jersey · Sep 27, 2013

Such action is clearly not in the patient’s medical interests. Thus, the Mathews v. … To prove a violation of Title II, a party must therefore establish: (1) that s/he is a “qualified individual” with a disability; 10 (2) that s/he was excluded from participation in a public entity’s services, programs, or

United States v. Mayor and Council of City of Hoboken, NJ

29 F.2d 932 · District Court, D. New Jersey · Aug 10, 1928

Constantly certainly, and, we hope, patiently and clearly, we find ourselves explaining why we feel we cannot restrain somebody from doing something. … Of the earlier Presidents, every one who put himself officially on record, Madison alone excepted, avowed the literal view of the ‘general welfare’ clause, qualified to be sure after 1800, first by the doctrine of state consent

State v. RT

411 N.J. Super. 35 · New Jersey Superior Court Appellate Division · Dec 16, 2009

This evidence would be entirely insufficient to establish the extremely high level of intoxication required by the Court to qualify as a defense as well as to create a jury question on defendant's intoxication. … The "clearly indicated" standard employed can be traced to dicta in State v.

ST. JOHN'S GREEK CATHOLIC CHURCH v. Fedak

89 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Sep 30, 1965

He called attention to the fact that five of the officers were not qualified for office under the Metropolia statutes. … Clearly, from the testimony adduced, it appears that the Metropolia is a hierarchically structured church.

United States ex rel. Dickson v. Bristol-Meyers Squibb Co.

123 F. Supp. 3d 584 · District Court, D. New Jersey · Aug 20, 2015

Accordingly, Relator also qualifies as an original source under the post-2010 statute. … prescription drug coverage, or a cost plan offering qualified prescription drug coverage.

Jansen v. Food Circus Supermarkets, Inc.

110 N.J. 363 · Supreme Court of New Jersey · May 25, 1988

Masland, who examined Jansen and reviewed his medical records, stated: This man clearly suffers from psychomotor seizures. … The margin between the two populations is clearly indistinct.

Neger v. Neger

93 N.J. 15 · Supreme Court of New Jersey · Jan 24, 1983

The United States Supreme Court has not clearly delineated the impact of the Full Faith and Credit Clause, U.S. Const., Art. IV, § 1, on custody adjudications. See New York ex rel. Halvey v. … The California court’s jurisdiction was clearly not based on two of those alternatives.

State v. Hurd

86 N.J. 525 · Supreme Court of New Jersey · Jul 14, 1981

When hypnosis results in an eyewitness identification of the defendant, for example, the defendant is clearly prejudiced if there is not even a reasonable likelihood that the witness’ memory was accurately revived. … This professional should also be able to qualify as an expert in order to aid the court in evaluating the procedures followed.

Gould Ex Rel. Estate of Gould v. Great-West Life & Annuity Insurance

959 F. Supp. 214 · District Court, D. New Jersey · Feb 24, 1997

Liability’s employee benefits plan was established pursuant to the Employee Retirement Income Security Act (“ERISA”). … In the “Definitions” section of the plan, “service” is clearly defined as employment with an employer on an active full-time and full-pay basis for at least twenty-eight hours a week.

State v. Jefimowicz

230 N.J. Super. 42 · New Jersey Superior Court Appellate Division · Jan 17, 1989

Martin, 110 N.J. 10 (1988), in which the Chief Justice made clear the right of a defendant facing a mandatory extended Graves Act term not only to notice of that susceptibility but *50 also to a hearing to establish the existence … We have belabored these facts to illustrate that while defendant's crime clearly requires punishment in the form of a prison term and a mandatory ineligibility period, it does not justify, in the circumstances, the absolute

State v. Harris

141 N.J. 525 · Supreme Court of New Jersey · Jul 12, 1995

The point could have been more clearly stated in our Dixon decision. … We do not believe that the evidence clearly established that defendant thought a warning to the victims not to report the incident was sufficient to ensure against detection.

Compere v. Collins

352 N.J. Super. 200 · New Jersey Superior Court Appellate Division · Feb 22, 2002

The legislative history of AICRA, therefore, notes that AICRA was clearly not based on the New York statute or on New York caselaw. … Rather, and quite the opposite, the legislative history clearly indicates that the language came from the Florida statutes.

MCBRIDE v. TOWNSHIP OF WASHINGTON

District Court, D. New Jersey · Jun 19, 2020

Plaintiff does not clearly allege facts satisfying any of the Banco elements against Micucci. … Plaintiff’s general allegations might qualify as both an interference claim and a deprivation claim.

City of Jersey City v. Harborside Warehouse Co.

19 N.J. Misc. 222 · New Jersey Tax Court · Jan 21, 1941

properly be taken into account as a guide to the determination of true value under the circum-' stances of this case, these figures do not appear excessive estimates of such replacement value, the witness being competent and qualified … Proof of the character suggested hereinabove, however, would clearly not constitute a departure from the single ultimate issue as to the true value of the improvements.

Arora Petroleum 2, LLC v. Avin Petroleum LLC

New Jersey Superior Court Appellate Division · Feb 4, 2026

Defendants' reasons for missing the filing deadline reflect a "lack of proper diligence" which our Supreme Court has clearly stated is insufficient to establish extraordinary circumstances. … A-1706-24 12 issued, clearly informed defendants of the thirty-day deadline and the requirement of a filing fee.