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2.71s
District Court, D. New Jersey · Sep 5, 2025
This conduct clearly involves the “investigation and enforcement of the criminal laws.” Wright, 778 A.2d at 464. Accordingly, the first factor is satisfied. See Hoffman, 2023 WL 8271806, at *4. … “Next, the prosecutor’s office’s ‘status as a constitutionally established office’ satisfies the second Fitchik factor.” Id. (quoting Est. of Bardzell v. Gomperts, 515 F.
Cited 0 timesUnknownDistrict Court, D. New Jersey · Jan 25, 2023
Moreover, the New Jersey State Parole Board was established within the New Jersey Department of Corrections, see N.J. Stat. § 30:4-123.47(a); and the NJDOC is a state agency entitled to Eleventh Amendment immunity. … “Inmates clearly retain protections afforded by the First Amendment, ... including its directive that no law shall prohibit the free exercise of religion.” DeHart v.
Cited 0 timesUnknownDistrict Court, D. New Jersey · Jan 25, 2023
Moreover, the New Jersey State Parole Board was established within the New Jersey Department of Corrections, see N.J. Stat. § 30:4-123.47(a); and the NJDOC is a state agency entitled to Eleventh Amendment immunity. … “Inmates clearly retain protections afforded by the First Amendment, ... including its directive that no law shall prohibit the free exercise of religion.” DeHart v.
Cited 0 timesUnknown138 F.R.D. 421 · District Court, D. New Jersey · Apr 14, 1991
Members qualifying for indigent status will be excused from payment. … These three companies would have qualified for a reduction to 1.5 shares.
Cited 9 timesPublishedDistrict Court, D. New Jersey · Jan 25, 2023
Moreover, the New Jersey State Parole Board was established within the New Jersey Department of Corrections, see N.J. Stat. § 30:4-123.47(a); and the NJDOC is a state agency entitled to Eleventh Amendment immunity. … “Inmates clearly retain protections afforded by the First Amendment, ... including its directive that no law shall prohibit the free exercise of religion.” DeHart v.
Cited 0 timesUnknownGerardo v. NJ State Parole Bd.
221 N.J. Super. 442 · New Jersey Superior Court Appellate Division · Dec 9, 1987
. *446 We find the discovery contention to be clearly without merit. R. 2:11-3(e)(1)(E). … The right to be represented by an attorney or other qualified person. 3. The right to remain silent. 4.
Cited 7 timesPublishedSod Farm Associates v. Tp. of Springfield
366 N.J. Super. 116 · New Jersey Superior Court Appellate Division · Jan 28, 2004
Thus, they were clearly left to exhaust their administrative remedies before COAH and the Office of Administrative Law. … In addition, COAH's review procedures do not qualify as a ministerial duty exception. See Guhl, supra ( 331 N.J.Super. at 330 n. 2, 751 A. 2d 1077 ).
Cited 9 timesPublished604 F. Supp. 736 · District Court, D. New Jersey · Mar 15, 1985
App., 1/4/83 Transcript at 79, 85, such was clearly not the case. Indeed, the court’s ruling was based solely upon and directed toward the indictment itself. … Scott established that, even absent the delay in moving which occurred here and in Lee , midtriai dismissals do not bar re-trial, as had been held in United States v.
Cited 3 timesPublishedLozano v. Frank DeLuca Construction
178 N.J. 513 · Supreme Court of New Jersey · Mar 10, 2004
Apart from the reference to “sponsored” activities in the Joint Statement, the Legislature did not qualify the phrase “recreational or social activities.” Cotton v. … Williams, 639 P.2d 1222, 1224 (Okla.1981) (noting that “[o]ne who is expressly required to participate [in a *532 recreational activity] is clearly furthering the master’s business”).
Cited 69 timesPublishedHIGHVIEW TERRACE APARTMENTS v. ABULKHAIR
District Court, D. New Jersey · Mar 4, 2021
While the pleadings do not clearly establish Plaintiff's citizenship, the Complaint alleges that Defendant owes “$.00" in debt for the apartment. (Compl. *8.) … Once again, it is black- letter law that in order to satisfy the well-pleaded complaint rule, “[a] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of
Cited 0 timesUnknown384 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Mar 17, 2006
Having determined that the “special law enforcement concerns” furthered by this Act qualify as “special needs,” we *96 consider whether the identification program established is “reasonable” when “the strength of the government … The database established by this Act cannot be accessed for any such purpose.
Cited 6 timesPublished38 N.J.L. 125 · Supreme Court of New Jersey · Nov 15, 1875
In point of fact, the question whether an action would lie in favor of the workman and materialman, was considered, and decided in this case,, by the Court of Errors, and such decision was, as is clearly indicated in the … It is thus apparent that the duty to make payment is not an absolute, but is a qualified one.
Cited 3 timesPublishedMichaels v. Brookchester, Inc.
26 N.J. 379 · Supreme Court of New Jersey · Mar 31, 1958
Exceptions to the broad immunity inevitably developed. … The kitchen cabinets are clearly a part of the building. We are satisfied the statute required defendant to maintain them in good repair.
Cited 111 timesPublished54 N.J. 526 · Supreme Court of New Jersey · Oct 20, 1969
In taking Bird out with him to go through the car, the officer had two motives, one stated expressly and the other clearly inferable, but both in our judgment lawful. … Therefore the ground of appeal will not be considered unless it qualifies as plain error, that is, legal impropriety in the charge prejudicially affecting the substantial rights of the defendant and sufficiently grievous
Cited 182 timesPublishedDistrict Court, D. New Jersey · Aug 22, 2024
Two-Part Bivens Test There is a “well-established two-part test for implying a Bivens remedy.” Xi, 68 F.4th at 833. … and/or sovereign immunity, such that Defendants are immune from suit.
Cited 0 timesUnknown359 N.J. Super. 222 · New Jersey Superior Court Appellate Division · Apr 8, 2003
At trial, Detective Conway, without being first qualified as an expert witness and without objection from defense counsel, testified that the orange strainers recovered are typically used by drug dealers to sift cocaine. … We are also convinced that the prosecutor's misstatement of law, when considered in the context of the evidence presented here, was clearly capable of producing an unjust result. State v.
Cited 9 timesPublished368 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Apr 8, 2004
The Shapiros contend that Andrew is well qualified on the merits because of his experience and dedicated service. … Under these definitions, Kathleen clearly falls within the scope of the Ethics Law. The Ethics Law was enacted in 1991, L. 1991, c. 29, based upon the Legislature's findings that: a.
Cited 10 timesPublishedSilagy v. STATE OF NJ AND COUNTY OF MERCER
101 N.J. Super. 455 · New Jersey Superior Court Appellate Division · May 15, 1968
It is alleged these payments clearly arose from the employer-employee relationship; therefore the sole issue as to this portion of the appeal is whether the petitioner was injured in an accident arising out of and in the … However, there are various situations in which the control test is not the dispositive factor *460 in establishing an employer-employee relationship.
Cited 7 timesPublished9 N.J.L. 225 · Supreme Court of New Jersey · Sep 15, 1827
The phrase “ private examination ” is qualified and explained by the superadded words “ apart from her husband,.” … If the law were established according to the views of the defendant not one verdict in ten would stand.
Cited 1 timesPublishedRaybestos-Manhattan, Inc. v. Glaser
144 N.J. Super. 152 · New Jersey Superior Court Appellate Division · Aug 5, 1976
When plaintiff closed its Passaic *163 facility on June 15, 1973, approximately 880 of the 1.070 members of the pension plan did not qualify for pensioned retirement under the terms thereof. … Contrary to what defendants argue, discrimination clearly has been established and justification for such discrimination against the limited group of employers and favorable to only the limited group of employees is not to
Cited 31 timesPublished
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