Case law

Bartley Healthcare, Inc. v. Robert Ott

New Jersey Superior Court Appellate Division · Aug 15, 2025

Plaintiff claims the penalty arose from non-qualified transfers of funds in the amount of $9,762.45 and, because of this penalty, Medicaid refused to cover services rendered to Ott from February 1, 2020 through February … Our capacity to resolve appeals is a direct function of the trial court's adherence to its obligation to clearly state findings of fact and conclusions of law pursuant to Rule 1:7-4(a).

Minton v. Sutton

100 N.J. Eq. 403 · New Jersey Court of Chancery · Jan 17, 1927

This failure to recall was not meant as attributable to faulty memory but in the sense of a qualified denial; that the things did not occur, and Mr. … Sherman to sell her mortgage, and as the burden is on the defendants to satisfactorily establish that they purchased it or redeemed it ( 19 N.J.

Communications Workers of America v. Atlantic County Ass'n for Retarded Citizens

250 N.J. Super. 403 · New Jersey Superior Court Appellate Division · May 7, 1991

Clearly some individuals do not qualify as “employees” under relevant state and federal legislation. … The Employer-Employee Relations Act requires PERC to “make policy and establish rules and regulations concerning employer-employee relations in public employment____” N.J.S.A. 34:13A-5.2.

State of New Jersey v. Wasan Brockington

439 N.J. Super. 311 · New Jersey Superior Court Appellate Division · Feb 18, 2015

And I just want to establish this for the jury. … The evidence here is clearly relevant to material facts at issue in the determination of defendant's guilt on the charged offenses.

REDDICK v. HICKS

District Court, D. New Jersey · Jul 18, 2023

immunity. … It is well-established that “neither a State nor its officials acting in their official capacities are ‘persons’ under § 1983.” Will v. Mich.

DIV. OF MOTOR VEHICLES v. Caruso

291 N.J. Super. 430 · New Jersey Superior Court Appellate Division · Jun 26, 1996

Rather, it established new remedies for the collection of surcharges. … We conclude those arguments are clearly without merit. R. 2:11-3(e)(1)(E). See Clark v. N.J. Div. Motor Vehicles, 211 N.J.

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.

Rennie v. Klein

476 F. Supp. 1294 · District Court, D. New Jersey · Sep 14, 1979

After 17 days of hearings, the plaintiffs have clearly demonstrated a likelihood of prevailing on the merits on the recertified classes. … Beginning January 7, 1980, defendants shall establish for the adult units of the Ancora Psychiatric Hospital, Greystone Park Psychiatric Hospital, Marlboro Psychiatric Hospital, Trenton Psychiatric Hospital, and Glen Gardner

Coalition of New Jersey Sportsmen, Inc. v. Whitman

44 F. Supp. 2d 666 · District Court, D. New Jersey · Mar 31, 1999

as competition, and because the agency which sanctions qualifying shooting matches no longer exists in the same organizational framework as specified in the Act. … Defendants now claim that "the defense of sovereign immunity corrects the two Pullman deficiencies that this Court found in defendants' earlier motion.” (Defendants' Br. p. 8).

State v. Hamm

121 N.J. 109 · Supreme Court of New Jersey · Aug 6, 1990

We hold that the statutory penalties for DWI are not so severe as to clearly reflect a legislative determination of a constitutionally “serious” offense requiring jury trial. … And its deprivation is clearly a “consequence of magnitude.” See Rodriguez v. Rosenblatt, 58 N.J. 281, 295 , 277 A.2d 216 (1971).

JOHNSON v. ELLIS

District Court, D. New Jersey · Nov 7, 2023

. § 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. … fails to account for their immunity from suit for adopting the bail reform law in the person of Governor Murphy.

Barker Painting Co. v. Local No. 734, Brotherhood of Painters, Decorators, & Paper Hangers

12 F.2d 945 · District Court, D. New Jersey · Apr 13, 1926

It does not seek to establish arbitrary discriminations between one person or corporation and another. … In the last analysis the prime object of the rule attacked is to establish a standard of wages.

Agisim v. TILLOU REALTY CO., INC.

56 N.J. Super. 18 · New Jersey Superior Court Appellate Division · May 13, 1959

Marsha desires upon completion of high school this year to take a special course of training to qualify as a medical or dental assistant, the cost of which for one year will be $500, besides books and other materials. … Thus, the legislative purpose to permit husbands and wives to convey to each other, in order to extinguish their respective rights and to release their curtesy and dower to each other, is established.

Hamilton, Johnston v. Johnston

256 N.J. Super. 657 · New Jersey Superior Court Appellate Division · Jun 1, 1992

However, in our view the entry of judgment against the employer and not the plan clearly qualifies as an "error or omission ... of such a nature as to have been clearly capable of producing an unjust result." … The trial judge had erred in utilizing the formula without first determining whether it established the fair value of the stock. Ibid.

Borough of Milford v. Arnold

382 N.J. Super. 83 · New Jersey Superior Court Appellate Division · Aug 26, 2005

Avenue and established a sewer connection ordinance on July 7,1969. … They may have felt the Borough owned something, but were not sure what, and thus could not qualify Railroad Avenue as a full street for zoning purposes.

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.

CHRISTINE GASPERETTI, M.D. VS. DEBORAH HEART AND LUNG CENTER(C-000144-08, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 22, 2017

While there were a few cases in which Committee members did not agree with Medical Peer Review's findings, the PPEC "agreed that the report clearly showed potentially significant issues with clinical skills and judgment … More importantly, plaintiff does not qualify for reconsideration because there is 6 The court dismissed count ten alleging civil assault and a violation of the LAD, finding "absolutely no evidence to establish

Zdrok v. v. Secret Catalogue, Inc.

215 F. Supp. 2d 510 · District Court, D. New Jersey · Aug 13, 2002

The rules of claim preclusion are well-established in the Third Circuit. … This behavior clearly distinguishes this case from Covington.

Hudson's Bay Co. Fur Sales v. American Legend Cooperative

115 F.R.D. 337 · District Court, D. New Jersey · Apr 20, 1987

In an attempt to counter this established principle, Hudson suggests there is distinction between facts and evidence. … This situation clearly falls within the ambit of Rule 60(b); a party may thus seek relief from judgment if he meets certain other requirements.

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).