Case law

Oliver v. Phelps

20 N.J.L. 180 · Supreme Court of New Jersey · Sep 15, 1843

sentence, in relation to one point in a cause, taken by itself, and as if it constituted the whole charge, may be easily shown to be erroneous; but when read in connection with the rest of the charge, and explained and qualified … But the exception should be strictly confined to that misstatement, and by being made known at the moment, would often enable the court to correct an erroneous expression, or to explain or qualify it, in such a maimer as

State v. Garfole

148 N.J. Super. 127 · New Jersey Superior Court Appellate Division · Feb 25, 1977

Clearly, lie had concluded those crimes were all committed by the same person. … This witness was qualified to testify after an identification vow dire, but for unexplained reasons the prosecutor did not call her to testify.

Perini Corp. v. Greate Bay Hotel & Casino, Inc.

129 N.J. 479 · Supreme Court of New Jersey · Aug 6, 1992

[completion of the [pjroject shall also be established.” … However, the testimony of Sands’s personnel clearly established that Sands intended to increase its profits by attracting more patrons from the boardwalk.

Rutgers Cas. Ins. Co. v. LaCroix

390 N.J. Super. 277 · New Jersey Superior Court Appellate Division · Feb 5, 2007

The facts, which were established in the bench trial, are not in dispute. … N.J.S.A. 17:30E-3(m) provided: "No person shall . . . be deemed a qualified applicant . . . if timely payment of premium is not tendered." Ibid.

Landwehr v. Landwehr

111 N.J. 491 · Supreme Court of New Jersey · Aug 1, 1988

The Appellate Division dismissed the first two contentions as “clearly without merit.” And it held that the prior Appellate Division decision in this case, which concluded that all of the settlement proceeds that Mr. … Painter, supra, 65 N.J. at 214 , that the “burden of establishing such immunity [from equitable distribution] as to any particular asset will rest upon the spouse who asserts it.”

State v. Williams

113 N.J. 393 · Supreme Court of New Jersey · Dec 8, 1988

If they can take it out of their mind and lay it aside and listen to the evidence here presented in the Court, and the law, and he clearly indicated to me he could do that. He is qualified. You're denied. MR. … the composition of the total qualified jury panel.

STATE OF NEW JERSEY VS. LAVAR REYNOLDS (15-08-0671, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 25, 2021

LEOSA preempts state laws by granting qualified immunity to certain law enforcement officers and allowing those individuals to carry concealed firearms. See 18 U.S.C. § 926B. … carry a firearm; (3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers; (4) meets standards, if any, established

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.

Marchitto v. Central R. Co. of NJ

9 N.J. 456 · Supreme Court of New Jersey · May 19, 1952

Clearly it is not. In Moore v. Illinois C. R. Co., 312 U. S. 630 , 61 S. Ct. 754 , 85 L. … To accept this argument, which incidentally does not go to the question of jurisdiction, would be in effect to grant these defendants immunity from liability, for there is no assurance whatever that the plaintiff’s claim

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).

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.

ANDERSON v. WHOLE FOODS MARKET INC.

District Court, D. New Jersey · May 31, 2024

See id. at T217:11-18 (“I think he was … maybe not a native English speaker, and there were other people that articulated more clearly the grievance or the alleged theft.”). … Moreover, given that Jarrett and Malish’s statements qualify as vicarious admissions, they are probative as to whether the LPO had probable cause to detain Plaintiff.

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

Rutherford Construction Co. v. Borough of Rutherford

6 N.J. Tax 605 · New Jersey Tax Court · Sep 27, 1984

Bigelow, a fuel and gas consultant, duly qualified to testify as to causation of fire and related damage. Additionally, taxpayer produced two eyewitnesses to the fire. … Clearly, there was no testimony that a fire was observed prior to midnight.

County of Morris v. Riverview Condominiums, Inc.

304 N.J. Super. 322 · New Jersey Superior Court Appellate Division · Sep 23, 1997

Clearly, the John Street site was contemplated as a major component of the plan that would achieve that goal, but the parties to the exclusionary zoning suit were realistic to contemplate that, during the six-year period … Prospective need “is the share of the total projected population that will qualify for low- and moderate-income housing.” N.J .A.C. 5:92 App. A. at 92-49.

State of New Jersey v. James Buckner

437 N.J. Super. 8 · New Jersey Superior Court Appellate Division · May 5, 2014

Nevertheless, the subject of post-retirement judicial service was clearly known to them. … Historical acceptance cannot establish the statute's bona fides, see Henry, supra, 204 N.J.

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

Finley v. United States

130 F. Supp. 788 · District Court, D. New Jersey · Feb 18, 1955

Todd also argues that Congress and the courts have decreased the scope of sovereign immunity from suit. … As has been noted in the original opinion, the facts clearly establish laches. The prejudice suffered by Todd has been great.

Paul P. v. Farmer

80 F. Supp. 2d 320 · District Court, D. New Jersey · Jan 24, 2000

Third, defendants suggest that official immunity would not protect a public employee or agency from civil liability for violating the provisions of Megan’s Law in bad faith or with gross negligence. … "It is now established that the United States Constitution provides some protection of an individual’s privacy." Fraternal Order of Police v. Philadelphia, 812 F.2d 105 , 118 (3d Cir.1987)(citing Whalen v.

White v. Rick Bus Co.

743 F. Supp. 2d 380 · District Court, D. New Jersey · Sep 28, 2010

Hewitt Associates, Inc., 2007 WL 2121693 at *3-4 (D.N.J. 2007) (noting a stage one finding “establishes nothing more than the right of the plaintiffs to establish a collective action.”)). … Mary Hosp., 530 F.3d 255, 259 (3d Cir.2008) (“Judgment will only be granted where the moving party clearly establishes there are no material issues of fact, and that he or she is entitled to judgment as a matter of law.”)