Case law

State of New Jersey v. Ryan J. Rinker

446 N.J. Super. 347 · New Jersey Superior Court Appellate Division · Jul 29, 2016

To qualify under that exception, the statement "must have been made in furtherance of the conspiracy," "must have been made during the course of the conspiracy," and "there must be evidence, independent of the hearsay, of … The Byrd Court clearly prescribed the process by which otherwise inadmissible hearsay could be admitted under the new Rule.

Casamasino v. City of Jersey City

158 N.J. 333 · Supreme Court of New Jersey · May 27, 1999

to hold over until their successors are appointed and qualified); and N.J.S.A. 54:3-3 (permitting members of county boards of taxation to hold over until their successors are appointed and qualified); tax assessors, justices … The Court's disposition renders plaintiff a de facto holdover assessor, vulnerable to political reprisals or removal in direct conflict with the Legislature's clearly expressed objective.

MOLZ v. FEDERAL AVIATION ADMINISTRATION

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

The only means to establish a Title VII claim is to contact an EEO counselor. Sending a Tort Claim notice to the U.S. … To rebut the presumption of public access, the party seeking confidentiality must demonstrate “good cause” by establishing that disclosure will cause a “‘clearly defined and serious

J.R. Corelli Associates, Inc. v. Director, Division of Taxation

11 N.J. Tax 584 · New Jersey Tax Court · Jun 28, 1991

The Supreme Court carefully pointed out that, as to buses, there was legislative history that described the intent of the bus statute to exempt “repair parts” clearly using “repair” as an adjective, however, there is no comparable … Since here the transactions in question are not exempt under § 8.31, he argues as a matter of law that the exemption certificates did not facially disclose a valid basis for exemption, accordingly, plaintiff does not qualify

Cunningham v. Lenape Regional High District Board of Education

492 F. Supp. 2d 439 · District Court, D. New Jersey · Jun 25, 2007

Even after violations of these new policies, Defendants still allowed Plaintiff access to the school and school administrators if he abided by the established guidelines. (Id. at 69.) … person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges or immunities

Reliance Ins. v. Armstrong W. Ind.

259 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Jul 17, 1992

The ANCC property was first established as a factory site in the 1800's by the Whitall-Tatum Company, (hereafter Whitall-Tatum). … Under this test, a volitional act by the insured nevertheless qualified as an "accident" if the insured did not specifically "intend to cause the resulting harm or [was] not substantially certain that such harm w[ould] occur

Bank of New York v. Black

26 N.J. 276 · Supreme Court of New Jersey · Mar 3, 1958

situated as follows: If my wife, JULIA KINGSBURY BYRD shall survive me, one third thereof to BANK OE NEW YORK AND EIETH AVENUE BANK, a corporation of New York, having its principal office at 48 Wall Street, New York City, duly qualified … Eq. 460 (Ch. 1933) (“clearly show”); and Board of Home Missions, etc. v. Saltmer, 125 N. J. Eq. 33 (Ch. 1939) (“must clearly be shown” and “must not leave it uncertain”).

Raybestos-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

Matter of Greenberg

155 N.J. 138 · Supreme Court of New Jersey · Jul 17, 1998

Although the federal indictment against Sears was dismissed after he was given transactional immunity in return for his testimony, the ethics charges against him stemmed from his participation in the delivery of a $200,000 … The tenor of such testimony clearly reflects their high esteem for Harry L.

Borbely v. Nationwide Mutual Insurance

547 F. Supp. 959 · District Court, D. New Jersey · Sep 18, 1981

These included a variety of sales contests and the establishment of clubs representing different levels of achievement in sales production. … Having established the test for duress and the considerations by which my review must be guided, I turn now to the facts of this particular case.

State v. Hollander

201 N.J. Super. 453 · New Jersey Superior Court Appellate Division · May 16, 1985

The judge further concluded that Neighbor qualified as an expert in the study of fibers and the probative value of the evidence was not substantially outweighed by any prejudice from its admission. … We have carefully reviewed the other issues raised by defendant and find them to be clearly without merit. R. 2:11-3(e)(2). Affirmed.

Berman v. Allan

80 N.J. 421 · Supreme Court of New Jersey · Jun 26, 1979

Wade, supra, clearly establishes that a woman possesses a constitutional right to decide whether her fetus should be aborted, at least during the first trimester of *432 pregnancy. … Clearly the doctors owed a professional duty of care to all of the plaintiffs in this case, the child while unborn as well as her parents.

State v. Nero

195 N.J. 397 · Supreme Court of New Jersey · Jun 30, 2008

R.B., 183 N.J. 308, 321-22 , 873 A.2d 511 (2005) (explaining that “[a] claim of deficiency in a jury charge to which no objection is interposed ‘will not be considered unless it qualifies as plain error’ ” (quoting Hock, … Wilder, 193 N.J. 398, 406 , 939 A.2d 781 (2008) (explaining "the present, well-established standard for determining the sufficiency of the evidence against an accused on a ... motion for acquittal ... requiring that] the

In Re Agricultural, Aquacultural

410 N.J. Super. 209 · New Jersey Superior Court Appellate Division · Oct 21, 2009

In applying for a certification, all applicants must now submit a map "with the farm management unit clearly delineated." N.J.A.C. 7:20A-2.3(c). … Qualifying diversions in the Basin area are subject to approval by the Delaware River Basin Commission (DRBC). See N.J.S.A. 32:11D-53.

Dougherty v. Department of Human Services

91 N.J. 1 · Supreme Court of New Jersey · Jul 8, 1982

According to the majority, only the agency is qualified or legally empowered to decide whether to apply its regulations rigidly or to waive them in appropriate instances. … Most applications of a regulation will be routine, clearly fitting within both the fact situation intended to be covered by the regulation and *17 the policy underlying it.

TAMMY NATALE VS. RICHARD NIGRO (L-0468-16, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 2, 2019

We affirmed the snow removal immunity established in Miehl after the passage of the Tort Claims Act. See Manca v. Borough of Hopatcong, 157 N.J. … The Court found "no clear evidence of the Legislature's intent to abrogate the immunity established by Miehl.

M.G. VS. S.M. (FM-12-0446-15, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 26, 2018

Clearly, [the] stock[s] were performance options and a reward for staying with my employer and a reward for future performance. … To refute such a presumption, the party seeking exclusion of the asset must bear "'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'"

Mezey v. United Jersey Bank

254 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Jan 30, 1992

Specifically, Purzycki qualified his opinion respecting UJB's first lien status, noting that it was subject to "such exceptions as have been approved by the Bank." … This policy is clearly established in the New Jersey Recording Act, see N.J.S.A. 46:21-1 and N.J.S.A. 46:22-1, and is equally applicable to the statutes dealing with notices of settlement.

Stafford State Bank v. Schaub

143 N.J. Super. 145 · New Jersey Superior Court Appellate Division · Jul 9, 1976

In following the informal rule of priority, as the Commissioner did in this case, the public is *158 deprived of having the Commissioner decide which of several qualified banks would be the most suitable. … This is, of course^ without reference to such branch banks as may be functioning prior to the establishment of the new hank.

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