Case law

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.

In Re

New Jersey Superior Court Appellate Division · May 1, 2017

As we explained in Silver, "[b]y its plain terms," the 2003 regulation "prescribe[d] a two-prong standard to establish misconduct." Id. at 53. … It is well-established that, when reviewing an 19 A-4636-14T3 agency's adoption of a regulation on appeal, the scope of review is "both narrow

Agostino v. Quest Diagnostics Inc.

256 F.R.D. 437 · District Court, D. New Jersey · Feb 11, 2009

To obtain class action certification, Plaintiffs must establish that all four prerequisites of Rule 23(a) are met and must also qualify under the one of the three sections of Rule 23(b). Baby Neal, for and By Kanter v. … The factors listed in Rule 23(b)(3) clearly militate in favor of certification. See Fed.R.Civ.P. 23(b)(2).

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.

Keyes Martin & Co. v. Director, Div. of Purchase

99 N.J. 244 · Supreme Court of New Jersey · May 6, 1985

(Venet) as the best qualified remaining agency. … Despite its acknowledgement that its appellate function was clearly circumscribed, the Appellate Division in this case vacated the Director’s award.

Kellog v. Platt

33 N.J.L. 328 · Supreme Court of New Jersey · Jun 15, 1869

Generally, in books of authority, the words ouster, or eviction, are used in this connection in a qualified sense, different from the ordinary acceptation of those terms. … It is an established rule, that all tilings should be pleaded according to their legal effect.

In re Healing & Son, Inc.

124 F. Supp. 46 · District Court, D. New Jersey · Jul 29, 1954

be delayed, until after the possible insolvency of the petitioner, to seek a complete remedy in another court, solely because the owner cannot make his case of personal immunity. … If Congress has constitutional power to gather into the admiralty court all claimants against the vessel and its owner, whether their claims are strictly in admiralty or not, as this court has clearly held, it necessarily

STEIN

District Court, D. New Jersey · Apr 10, 2026

asserting Eleventh Amendment immunity bears the burden of proving its applicability.” … The RLA, 45 U.S.C. § 151a: “establishes a mandatory arbitral mechanism for the prompt and orderly settlement of two classes of disputes. […] The first class, those concerning

Robbins v. Thies

117 N.J.L. 389 · Supreme Court of New Jersey · Jan 22, 1937

An examination of the evidence (which was conflicting in some essentials) shows that the jury might nevertheless find established the following facts: On August 20th, 1935, at five-one p. m., daylight saving time, there was … The trial judge decided, in view of the evidence respecting their qualifications, that both were qualified, and of this the defendant complains.

MALHAN v. STATE OF NEW JERSEY

District Court, D. New Jersey · Sep 30, 2021

A plaintiff also bears the burden of establishing that its claims are not barred by sovereign immunity. See Young v. United States, 152 F. Supp. 3d 337, 344–45, 345 n.5 (D.N.J. 2015). … June 13, 2017) (noting that the burden to establish a private right of action rests with the plaintiff).

In Re Appeal of Lembo

151 N.J. Super. 242 · New Jersey Superior Court Appellate Division · Jun 30, 1977

For present purposes at least, the key word in both provisions is "class," defined by N.J.S.A. 11:3-1 as * * * a group of positions in the classified service, established under this subtitle sufficiently similar in respect … There is, moreover, nothing in subchapter 15 of the Civil Service Commission's rules dealing with assignments and transfers ( N.J.A.C. 4:1-15.1 to 15.7, inclusive) which appears to contradict what seems to be the clearly

Inspira Medical Centers, Inc. v. City of Woodbury

New Jersey Tax Court · Nov 21, 2024

These principles foster the “well- -2- established policy that ‘the public tax burden is to be borne fairly and equitably.’” … To qualify for an exemption, a property owner must show: (1) it is organized for an exempt purpose; (2) its property is used for an exempt purpose; and (3) its operation of the property is not conducted for profit.

Nj Div. of Youth & Fam. Servs. v. Ac

389 N.J. Super. 97 · New Jersey Superior Court Appellate Division · Apr 27, 2006

The law clearly favors keeping children with their natural parents and resolving care and custody problems within the family. … Such a statement would invariably be admissible as substantive as well as impeaching evidence, or it would most probably qualify as an admission or declaration against interest under 803(b)(1) and 803(c)(25).

United States v. Premo Pharmaceutical Laboratories, Inc.

511 F. Supp. 958 · District Court, D. New Jersey · Jan 20, 1981

It is Premo’s version of each of these established products that is in dispute here. … It establishes something of an intermediate position between Pharmadyne and Lannett.

In re the 1976 Hospital Reimbursement Rate for William B. Kessler Memorial Hospital

78 N.J. 564 · Supreme Court of New Jersey · Jan 11, 1979

Clearly, the Department of Health was vested with fairly comprehensive regulatory control over hospitals to administer the State’s health policy. … More importantly, Kessler would not have qualified under this unwritten exception even had it requested a relaxation of the regulations.

Janiec v. State

87 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Mar 12, 1965

If properly qualified as competent evidence they would clearly have some evidential value on the factual issue in question. … At the hearing on remand of this matter the State should attempt to establish the competency of these records as evidence under the Uniform Business Records as Evidence Act, N.J.S. 2A:82-34 et seq., or any other applicable

In re Blanche Zwerdling Revocable Living Trust

531 B.R. 537 · United States Bankruptcy Court, D. New Jersey · Jun 11, 2015

In In re Jin Suk Kim Trust, the court determined that a generation skipping trust established by the mother of the income beneficiary to provide for the income beneficiary during her life and allow her to pass trust corpus … Moreover, the manner in which the Trust Debtors conducted business is clearly inconsistent with the notion that their primary purpose was to “protect and preserve” the res, because they continually put hundreds of thousands

State v. Crutcher

313 N.J. Super. 203 · New Jersey Superior Court Appellate Division · Jun 16, 1998

VIOLATED DEFENDANT’S SIXTH AMENDMENT RIGHT TO COMPULSORY PROCESS AND DEFENDANT’S DUE PROCESS RIGHT TO A FAIR TRIAL BY THREATENING DEFENSE WITNESS MICHAEL COBB WITH CRIMINAL PROSECUTION WHICH CAUSED THE WITNESS TO INVOICE A CLEARLY … [However,] “the mere fact that a house was built for the purpose of serving as a place of human habitation, and that it is entirely suitable therefor, will not be sufficient to qualify it as a dwelling so far as the law is

JOHN PAFF VS. TRENTON BOARD OF EDUCATION (L-2241-18, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 13, 2020

In Tumpson, the Court applied the test established in Blessing v. … A-5360-18T2 12  Thus, the OPMA establishes a comprehensive statutory scheme with limited remedies that is clearly intended to cover the field.

DIMANCHE v. LA BRISE GENERAL CONTRACTOR

District Court, D. New Jersey · Apr 23, 2021

If Plaintiff chooses to refile his application, he should complete the entire form so that the Court can determine whether he qualifies to proceed in forma pauperis. … complaint and dismiss the action if it determines that the action (i) is frivolous or malicious, (ii) fails to state a claim upon which relief may be granted, or (iii) seeks monetary relief against a defendant who is immune