Case law

State v. Harris

298 N.J. Super. 478 · New Jersey Superior Court Appellate Division · Mar 18, 1997

It is thus apparent that the existence of the conspiracy and defendant’s participation were established wholly apart from the hearsay declarations. V. … We are nevertheless clearly convinced that the error was harmless beyond a reasonable doubt.

Shapiro v. Mertz

368 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.

STALLER

District Court, D. New Jersey · Jan 8, 2026

The Court cannot enter a judgment against the prison as it is immune from suit in federal court. … Plaintiff thus clearly failed to meet his obligations under the statute, and, absent an exception, his malpractice claims must be dismissed.

WOODWARD v. HARDEN

District 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.

State v. Baker

270 N.J. Super. 55 · New Jersey Superior Court Appellate Division · Jan 21, 1994

Defendant's other ineffective assistance of counsel arguments relating to the conduct of his trial involve matters of trial strategy within the discretion of defense counsel and are clearly without merit. … The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.

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).

US BANK, NA v. Hough

416 N.J. Super. 286 · New Jersey Superior Court Appellate Division · Sep 14, 2010

Plaintiff also contends that if we prohibit it from proceeding with its foreclosure action, Hough "would clearly have been unjustly enriched," when, in fact, her own acts or omissions materially contributed to the mortgage … To implement the legislative process of the FHA, the Legislature established COAH, N.J.S.A. 52:27D-305a, and appointed the HMFA as the agency to "establish affordable housing programs to assist municipalities in meeting the

Den v. Geiger

9 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.

Chase Manhattan Bank v. Josephson

261 N.J. Super. 428 · New Jersey Superior Court Appellate Division · Jan 6, 1993

Clearly the Legislature knows how to express a clear manifestation of its intent to overturn a Supreme Court decision, see, e.g., N.J.S.A. 2A:15-5.7 (overruling Kelly v. … N.J. 235, 251 , 486 A. 2d 318 (1985), inviting the Legislature "to consider the seemingly anomalous and conflicting policies that have resulted from the retention of the military compensation law and the elimination of immunity

Sabino v. Director, Division of Taxation

17 N.J. Tax 29 · New Jersey Tax Court · Aug 22, 1997

If an enabling statute fails to establish adequate standards to govern the discretion of an agency, the delegation of authority to the agency is improper. … Clearly, however, the Legislature did not intend to incorporate through N.J.S.A 54A:5-1.c all the substantive provisions of the Code relating to gains and losses, and just as clearly it did not intend to allow capital loss

UNITED AERIAL ADVERTISING INC. v. TOWNSHIP OF LAKEWOOD

District Court, D. New Jersey · Jun 11, 2020

. § 2201 to establish Defendants’ violations of Plaintiff’s rights, privileges and immunities and injunctive relief to cease the alleged breach of the Settlement Agreement by Defendants. … Indeed, § 1343(a)(3) is one of two methods of establishing jurisdiction over section 1983 claims; the other method is through federal question jurisdiction under 28 U.S.C. § 1331.

Michaels 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.

Driver v. Smith

89 N.J. Eq. 339 · New Jersey Court of Chancery · Aug 24, 1918

Driver, Jr., and none qualified to perform the same duties; that Frank L. … I do not believe that the services are required for the establishment of the business contemplated to be established.

MUTARAMBIRWA

District Court, D. New Jersey · Apr 24, 2026

Defendants point to judicial immunity and argue that Judge Dowd’s and Judge Spencer’s actions are immune from suit because they acted in their judicial capacity. (State Mot. at 5-8; Town Mot. at 12-16.) … “Like other forms of official immunity, judicial immunity is immunity from suit, not just from ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991).

State v. Guerin

208 N.J. Super. 527 · New Jersey Superior Court Appellate Division · Feb 6, 1986

He should have competent counsel and you are qualified and you are competent and I’ve seen you in action and you’ll do well for him. You’re doing it, not him. … I felt that he clearly met the criteria of the statute respecting competency to stand trial.

In Re Trust Agreement Dec. 20, 1961

399 N.J. Super. 237 · New Jersey Superior Court Appellate Division · Aug 17, 2006

During his life, Johnson established a number of trusts to which his several children were made beneficiaries. … Such an attempt at proof does not suffice to establish a grantor's probable intent.

Cowan v. Doering

111 N.J. 451 · Supreme Court of New Jersey · Aug 11, 1988

Because it was clearly foreseeable that defendants’ conduct created a risk that plaintiff would engage in self-damaging acts, the jury’s rejection of the intervening causation was fully supported by the evidence. … Dinger, 106 N.J. 469, 494-95 (1987) (eliminating immunity for private water companies because duty to exercise reasonable care in supplying water to fight fires will deter unreasonable conduct); People Express v.

Stellmah v. Hunterdon Cooperative G.L.F. Service, Inc.

47 N.J. 163 · Supreme Court of New Jersey · May 9, 1966

Q. 1941, c. 324, and answers to interrogatories she had propounded to Charles Coderre, Esquire, an attorney of the Quebec .Bar, who qualified as an expert on Quebec Adoption Law. … This type of adoption is established by certain facts clearly indicating a relationship equivalent to that created by a legal adoption between the child and the persons who desire to adopt him legally, i. e., the signing

Sod 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 ).

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.