Case law

Bliss v. Linden Cemetery Ass'n

83 N.J. Eq. 494 · New Jersey Court of Chancery · Jul 1, 1914

They selected the trustees and qualified them by giving to each the legal title to a cemetery lot in order that they might be ostensible lot owners, which lots they were severally required to retransfer to the corporation … Brrt even if the third section should be found to be clearly retrospective, yet it could not affect the vested' rights of any interested person, and this act so construed would have the effect of depriving the complainants

Bechler v. Parsekian

36 N.J. 242 · Supreme Court of New Jersey · Dec 11, 1961

Persons involved in a traffic accident resulting in a fatality where a violation of the traffic regulation provisions of Title 39 is established. 3. … That concern does not end with the issuance of original licenses to qualified drivers, for it is equally vital that the drivers remain so at all times and be fit whenever they apply for their renewal licenses. Cf.

State v. Ellis

346 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Jan 22, 2002

The amicus brief submitted by the Parole Board demonstrates the intricate nature of establishing primary parole eligibility dates. … Such sentences are clearly illegal and correctable in post-conviction relief proceedings.

Toussaint v. Mays-Stovall

District Court, D. New Jersey · Apr 26, 2022

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … If Plaintiff files an amended pleading, he must clearly explain the alleged wrongful conduct and the legal basis for any claims.

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.

Vreeland v. Byrne

72 N.J. 292 · Supreme Court of New Jersey · Feb 11, 1977

The word "term" as used in this statutory phrase clearly means term of office as legislator. … We submit that the ineligibility clause quite definitely and clearly falls into this latter category.

Theer v. Philip Carey Co.

133 N.J. 610 · Supreme Court of New Jersey · Jul 26, 1993

Medical experts were able to establish a significant but unmeasurable risk of contracting cancer. … Plaintiff did not suffer from any injury or condition clearly related to asbestos exposure. Further, plaintiff was a heavy smoker.

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.

Comcast of South Jersey, Inc. v. Director, Division of Taxation

27 N.J. Tax 79 · New Jersey Tax Court · Feb 20, 2013

Second, the taxpayer has the burden of establishing that it qualifies for the exemption it seeks. Third, under the Act, sales and use tax presumptively is payable. … A “prevailing taxpayer” is defined as one who establishes that the position of the State was without reasonable basis in law or fact as determined by the court. Ibid.

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.

Brennan v. Poritz (In Re Brennan)

198 B.R. 445 · District Court, D. New Jersey · Feb 8, 1996

Standard of Review On appeal, this court may set aside the bankruptcy court’s factual findings only if the findings are clearly erroneous. … Another situation in which a bankruptcy court’s authority to enjoin a state regulatory action under § 105 is clearly established is where a state seeks to pursue a claim that would effectively contravene a specific bankruptcy

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.

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

Carmichael v. Pennsauken Township Board of Education

462 F. Supp. 2d 601 · District Court, D. New Jersey · Nov 27, 2006

At oral argument, it was established that a committee made the decision. … Plaintiff does not bear his burden. 15 .Because this Court has held that no constitutional right has been violated, it need not address Defendants’ municipal liability and qualified immunity arguments. See Sanford v.

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

Nwachia v. United States

891 F. Supp. 189 · District Court, D. New Jersey · Jun 14, 1995

This claim clearly misconstrues the computations undertaken in this case. … Clearly, then, this definition encompasses conspiracies to distribute controlled substances such as heroin. 10 .

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.

Knickerbocker Trust Co. v. Carhart

71 N.J. Eq. 495 · New Jersey Court of Chancery · Sep 4, 1906

Carhart to act as a director and as its secretary, at a salary of $2,000 a year, and qualified him by issuing to him a share of stock. … Clearly the argument put forward by counsel for complainant would lead to the abrogation of the well-established rule in New Jersey that a debtor may prefer a creditor. *507 The present case is entirely distinct from that

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.

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).