Case law

N.C. v. THE STATE OF NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY ("DCPP")

District Court, D. New Jersey · Jan 25, 2022

For the avoidance of doubt, the Court notes that “[q]ualified immunity is an affirmative defense and generally must be included in a responsive pleading or may be considered waived.” Sharp v. … The Court thus deems qualified immunity waived by King. Here, because Defendant has failed to appear, the Court is unable to consider any defenses he may have raised.

Emmer v. Merin

233 N.J. Super. 568 · New Jersey Superior Court Appellate Division · Jun 7, 1989

This limitation was clearly intended to counter the increased premium costs which would result from no-fault insurance. Iavicoli, supra, at 123-25. … That the Legislature saw fit to immunize the carriers, we view as nothing more than an effort to forestall another body of litigation in an already overburdened court system.

J.M.S. v. J.W.

420 N.J. Super. 242 · New Jersey Superior Court Appellate Division · Jun 20, 2011

Plaintiffs specifically noted that defendants were “clearly ‘family members’ [as] biological relatives of the children’s mother[,]” and that it was “clear that the children were placed with ... … In fact, it is now well-established in New York that “[a] grandparent may seek visitation with a grandchild even after parental rights have been terminated or the child has been freed for adoption.” In re Ann M.C. v.

State v. Ragland

105 N.J. 189 · Supreme Court of New Jersey · Nov 21, 1986

The deep commitment of the nation to the right of a jury trial in serious criminal cases as a defense against arbitrary law enforcement qualifies for protection under the due process clause of the Fourteenth Amendment, and … We decline to search New Jersey's judicial history to determine whether the “must convict" charge was either so clearly established or so clearly rejected as to warrant a conclusion that the reception of common law determines

Bracey v. City of Long Branch

73 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Mar 8, 1962

It is the policy of the Housing Authority to employ local professional people, if they are qualified and living within the city limits and who have established businesses there. Q. All right. … The record clearly discloses the following: that prior to his vote Mancuso was the architectural consultant for the Shrewsbury Riverfront Urban Renewal Plan; that he performed architectural services for other housing authority

United States v. Anastasio

120 F. Supp. 435 · District Court, D. New Jersey · Apr 14, 1954

It clearly appears from the evidence, however, that the Record of Registry was induced by the fraudulent conduct of the defendant. … If the defendant now finds himself in an inextricable dilemma it is clearly one of his own creation.

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.

STATHUM v. NADROWSKI

District Court, D. New Jersey · Jul 31, 2019

Defendants also argue that Plaintiff failed to exhaust his administrative remedies, and they are entitled to qualified immunity. (Reply Br.) A. … Remaining Claims The Court declines to reach Defendants’ arguments that Plaintiff failed to exhaust administrative remedies and that Defendants are entitled to qualified immunity because Defendants

Missouri Pacific Railroad Co. v. National Milling Co.

276 F. Supp. 367 · District Court, D. New Jersey · Nov 27, 1967

There is no quarrel with the principle fixing the liability of the consignee as established in this line of cases. … Requiring double payment is not merely harsh, as mentioned in Fink, supra, it is clearly unconscionable and manifestly inconsistent with any consideration of abstract public interest.

State v. Maxey

77 N.J. Super. 397 · New Jersey Superior Court Appellate Division · Nov 21, 1962

In Ex parte Pedrini, the California Supreme Court said: "* * * petitioner urges us to declare as law of the state, * * * that once a defendant is sentenced to life imprisonment he is immune from punishment for a further crime … The sentences are clearly provided for in the statute. Yet, on the theory here advanced, it is an impossible sentence. The defendant cannot serve longer than life.

Goodman v. London Metals Exchange, Inc.

86 N.J. 19 · Supreme Court of New Jersey · Apr 22, 1981

When both the agency and the Appellate Division have made the same findings, we ordinarily would affirm unless both were clearly in error. See State v. Johnson, 42 N.J. 146, 163 (1964). … There was evidence that she was qualified to be a field representative and sought the position. Both sides acknowledged her rejection.

In Re Estate of Sasson

387 N.J. Super. 459 · New Jersey Superior Court Appellate Division · Aug 16, 2006

Sasson qualified as administrator of John's estate, later valued at about $1.1 million. Included was a townhouse titled in John's sole name at 21 Ridgewood Drive in Randolph, where he lived with Emily Springer. … Clearly the amount she received was insufficient to support her for life. Sasson left Springer an IRA worth nearly $150,000, and she has assets of her own.

BENTON-FLORES v. AUSTIN

District Court, D. New Jersey · Jul 22, 2022

. § 1915(e)(2)(B) and dismiss any claim which is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … In assessing whether a plaintiff establishes a prima facie case, a plaintiff must present evidence that “establishes some causal nexus between [her] membership in a protected class and the decision not to [hire her].

In Re Police Sergeant (Pm3776v)

176 N.J. 49 · Supreme Court of New Jersey · Apr 16, 2003

The DOP denied petitioners’ request, indicating that the record did not establish conclusively that Durkin or any other make-up candidate had advance knowledge of the exam’s content. … Under these circumstances, and in the absence of statistical evidence to the contrary, petitioners have not established a basis to use a different examination for make-up candidates.

PAGLIAROLI v. AHSAN

District Court, D. New Jersey · Jan 31, 2023

Moving Defendants are entitled to qualified immunity. 3. Plaintiff’s federal claims are barred by the statute of limitations. … immunity.

Matter of Taylor

91 B.R. 302 · United States Bankruptcy Court, D. New Jersey · Sep 14, 1988

The contract before this Court is clearly executory, and pursuant to Bankruptcy Code Section 365 it would clearly be reject-able by the debtor. … Having established that he qualifies as a debtor, Mr. Taylor is entitled to the benefits of Chapter 11. 5 . Debtor’s principal equity asset is his residence.

Sarlo v. Broadspire Services, Inc.

439 F. Supp. 2d 345 · District Court, D. New Jersey · Jul 11, 2006

The policy makes clear that it is the claimant’s responsibility to provide proof of a qualifying disability. … The record does not establish that Dr. Mendelssohn applied a definition of disability that substantially differed from the policy definition. Likewise,.the record does not establish that Dr.

Bradley v. Atlantic City Board of Education

736 F. Supp. 2d 891 · District Court, D. New Jersey · Sep 7, 2010

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Boniface, 325 N.J.Super. 133, 137 , 737 A.2d 1170 (Ch.Div.1999) ("Clearly the New Jersey Act was modeled after the federal statute and case law in New Jersey has found that our legislature intended when it enacted the state

Keep v. National Tube Co.

154 F. 121 · U.S. Circuit Court for the District of New Jersey · May 20, 1907

It is clearly, therefore, the duty of the court to advance the remedy.” In Murphy v. Board of Chosen Freeholders, 57 N. J. … But the court said: ‘•There are eases, which may seem to qualify the principle which wo have discussed, but which are quite consistent with it, and which, as is pointed out in Curtin v.

State v. Brady

332 N.J. Super. 445 · New Jersey Superior Court Appellate Division · Jun 30, 2000

Dissemination of child pornography over the Internet is clearly a delivery or transfer under the statute. A reasonable person of ordinary intelligence would have understood that such conduct was prohibited. … In light of our determination that .JPG files qualify as "photographs" under the child endangerment statute we find that the prosecutor did not improperly charge the grand jury as to the presumption. Reversed.