Case law

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

Stanley Co. of America v. Hercules Powder Co.

29 N.J. Super. 545 · New Jersey Superior Court Appellate Division · Feb 18, 1954

The criticism is that there was no single explosion of 30,000 pounds of nitroglycerin, because appellant's proof established three successive explosions separated by "about a minute" and a second. … Putting aside the evidence of a single blast adduced by respondent and now referred to by it, the hypothetical question clearly mentions three explosions and the pounds of nitroglycerin involved in each one.

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.

LURCH v. KAISER

District Court, D. New Jersey · Jan 27, 2023

portion thereof, brought by a plaintiff proceeding in forma pauperis that is (i) frivolous or malicious, (ii) fails to state a claim on which relief may be granted, or (iii) seeks monetary relief from a defendant who is immune … Kaiser would almost certainly be entitled to qualified immunity. See Orsatti, 71 F.3d at 482–86.

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.

Juliano & Sons Enterprises, Inc. v. Chevron, USA, Inc.

250 N.J. Super. 148 · New Jersey Superior Court Appellate Division · Jul 19, 1991

Moreover, the trial judge held that, unlike in Mazzeo , the parties here, each represented by counsel, clearly expressed their intent in the contract "that this agreement was to last forever." … Section 1(a)(2) of the New Jersey Act establishes the "wait and see" rule by providing that an interest would be valid so long as it does not remain unvested for more than 90 years.

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.

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.

Shamrock Lacrosse v. Klehr & Ellers

416 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 14, 2010

Consequently, the law firm was not qualified to practice law in New Jersey and the affidavit of merit statute should not apply. Id. at 348 . … To be sure, individual attorneys admitted to the New Jersey bar are clearly embraced by the affidavit of merit statute by virtue of the definition in N.J.S.A. 2A:53A-26(c).

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

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.

National Freight, Inc. v. United States

359 F. Supp. 1153 · District Court, D. New Jersey · Jun 13, 1973

A statutory Three-Judge Court was empanelled and statutory jurisdiction has been established pursuant to 28 U. S.C. Secs. 1336, 1398, 2284, 2321-2325 and 49 U.S.C. Sec. 305 (g) and (h). … Sec. 307 (a), which provides in pertinent part: “Subject to section 310 of this title, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the

YOUNG v. United States

District Court, D. New Jersey · Dec 2, 2019

as a career offender base offense because it was a crime of violence or controlled substance offense, his Presentence Report clearly states that Petitioner’s current offense qualified as a controlled substance offense … Excusable neglect is insufficient to establish a basis for equitable tolling. United States y. Thomas, 713 F.3d 165, 174 (3d Cir. 2013).

JOHN SMITH VS. ARVIND R. DATLA, M.D.(L-1527-15, MERCER COUNTY AND STATEWIDE)

451 N.J. Super. 82 · New Jersey Superior Court Appellate Division · Jul 12, 2017

"AIDS" means acquired immune deficiency syndrome. Ibid. … (medical records clearly within constitutional sphere of right to privacy), cert. denied, 483 U.S. 1007, 107 S. Ct. 3233, 87 L. Ed. 2d 739 (1987).

KAMDEM-OUAFFO, PHD v. COLGATE PALMOLIVE COMPANY

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

immunity. … App’x at 226 (affirming dismissal of claims against private attorney defendants because “[p]rivate attorneys—like the attorney defendants here—generally do not qualify as state actors”); Angelico v.

Buglione v. Berlingeri (In Re Berlingeri)

246 B.R. 196 · United States Bankruptcy Court, D. New Jersey · Feb 24, 2000

The balance of the language of subsection (A) simply provides that to constitute a claim, the right to payment need not be reduced to an established dollar figure. … The Scholl court concluded that despite the broad application of a “claim,” the Supreme Court has clearly enunciated that it does not include rights that do not constitute enforceable obligations.

Tegler v. Global Spectrum

291 F. Supp. 3d 565 · District Court, D. New Jersey · Feb 14, 2018

If somebody is qualified, we have to consider them seriously for the role and you can't hire anybody less qualified who's not African[-]American.' " Id. at 50 . … To establish a prima facie case of termination based on age, Plaintiff must establish that (1) she was a member of a protected class; (2) she was qualified for the position from which she was discharged, or, stated differently

Johnson v. Bradbury

233 N.J. Super. 129 · New Jersey Superior Court Appellate Division · May 17, 1989

She states that after she moved to New Jersey he "encouraged me to move to Florida to establish a residency in that State to reduce the cost of tuition." … It concluded that the circumstances of the case clearly rendered "unreasonable" California's exercise of personal jurisdiction.