Case law

LOCAL 195, IFPTE, AFL-CIO v. State

176 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Oct 6, 1980

The board, in seeking the best qualified candidates for promotions, should not be restricted in its search to the faculty of *93 the North Bergen schools. … Clearly, this case presents the classic conflict described in Woodstown-Pilesgrove, etc., Bd. of Ed. v. Woodstown-Pilesgrove Regional Ed.

State v. McKeon

385 N.J. Super. 559 · New Jersey Superior Court Appellate Division · May 24, 2006

Because we find that an otherwise qualified defendant should not be barred from PTI, we reverse and remand. … "[T]o reverse the denial of an application for PTI[,] a defendant must clearly and convincingly establish that the prosecutor's refusal to consent to admission to the program was based upon a patent and gross abuse of discretion

CUEVAS v. UNITED STATES BUREAU OF PRISONS

District Court, D. New Jersey · Jul 21, 2020

App’x at 516 (federal employees may be sued under Bivens in their individual capacities, subject to the qualified immunity defense). … Sept. 30, 2008) (finding an isolated incident of injury to wheelchair-bound prisoner on uneven sidewalk did not establish Eighth Amendment conditions of confinement claim.)

Raynor v. Raynor

319 N.J. Super. 591 · New Jersey Superior Court Appellate Division · Mar 29, 1999

The court noted, [a] personal injury settlement differs from a custodial or trust account established for the child's education. … Clearly funds set aside for educational purposes should be utilized to defray the parent's obligation.

H.C. Equities, LP v. County of Union (084556) (Middlesex County & Statewide)

Supreme Court of New Jersey · Jul 19, 2021

The Tort Claims Act’s guiding principle is that immunity from tort liability is the rule and liability is the exception. … limitations of this act and in accordance with the fair and uniform principles established herein.”

Supino v. United States

192 F. Supp. 389 · District Court, D. New Jersey · Mar 29, 1961

Since taxpayer clearly qualifies for the exemption afforded by 116(a) (1) in all other respects, the sole question for the Court to determine is whether or not he was a bona fide resident of France for the years in question … With the foregoing criteria in mind, it is our conclusion that the evidence adduced upon the trial clearly establishes that taxpayer was a bona fide resident of France for the years 1950, 1951, 1952 and 1953, and thus entitled

In the Matter of Freddie B. Frazier, Department of Corrections

435 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 14, 2014

. § 922(g)(9), which provides that any person convicted of a qualifying domestic violence offense is prohibited pursuant to federal law from possessing a firearm. … - 5 A-3099-11T3 7(b)(2), asserting we determined in that opinion that the evidence presented failed to establish

State of New Jersey v. Alfred Negron

New Jersey Superior Court Appellate Division · Sep 22, 2025

We apply well-established principles when engaging in statutory interpretation. … To qualify as a third-degree offense under that provision, the Legislature, by employing the disjunctive term "and" in the manner it did, clearly, and unequivocally, required a defendant to establish two separate elements

PARKER v. NEW JERSEY MOTOR VEHICLE COMMISSION

District Court, D. New Jersey · Mar 16, 2023

“Thus, if the nonmoving party fails ‘to make a showing sufficient to establish the existence of an element essential to that party’s case, . . . there can be no genuine issue of material fact.’” Id. (quoting Katz v. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

S.B.K., ETC. VS. HARVEST OF HOPE (L-8102-11, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 14, 2018

Elizabeth Hospital the same year the Legislature established the Fost-Adopt Demonstration Program. … Stated differently, "[a] qualifying organization does not lose its statutory immunity merely because it charges money for its services, unless it makes a profit or collects fees for services totally

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.

Burt v. Heckler

593 F. Supp. 1125 · District Court, D. New Jersey · Sep 19, 1984

The law that has developed regarding these statutes has established that the phrase prevailing party should not be limited to a victor only after entry of a final judgment following a full trial on the merits. … An hourly rate of $25.00 clearly is not excessive and appears to correspond to the market rate requirements set forth in the statute. NAACP v.

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.

GREMO v. BAYER CORPORATION

District Court, D. New Jersey · Jun 7, 2019

Petitioner contends this evidence conclusively establishes the RCA Report is not litigation work-product. … Discussion The work-product doctrine provides qualified immunity from discovery to certain material prepared by or at the direction of

Leggett v. Barton

40 N.J.L. 83 · Supreme Court of New Jersey · Feb 15, 1878

But the enactment forms part of the system, of bankruptcy which congress, in the exercise of its *85 constitutional power, has established. … a part of that section, it chose an appropriate and efficient means of evincing an intent to subject composition, proceedings to the force of the qualifying section, and to put the release of debts therein provided for,

United States Ex Rel. Frantino v. Hatrak

408 F. Supp. 476 · District Court, D. New Jersey · Feb 19, 1976

After establishing the corpus delicti, the State presented the testimony of three eye-witnesses and one ear-witness. … Qualified jurors need not, however, be totally ignorant of the facts and issues involved.

State v. Birch

115 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Jul 22, 1971

The case produced the usual disagreement between the admittedly qualified experts as to the damage sustained by defendant. … Clearly, the township would have the right to refuse to accept the dedication and assume the maintenance of the road unless it met certain reasonable standards. Cf. Kligman v. Lautman, 98 N.J. Super. 344 (App.

SCOTT v. LOPEZ

District Court, D. New Jersey · Feb 3, 2022

require courts to review the complaint and sua sponte dismiss claims that are (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune … “[F]ailure to establish any element in [a plaintiff's] favor renders a preliminary injunction inappropriate.” Id.

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.

B & C SEAFOOD LLC

District Court, D. New Jersey · Jun 7, 2019

Petitioner contends this evidence conclusively establishes the RCA Report is not litigation work-product. … Discussion The work-product doctrine provides qualified immunity from discovery to certain material prepared by or at the direction of