Case law

LOATMAN v. EXPERIAN INFORMATION SOLUTIONS, INC.

District Court, D. New Jersey · Apr 11, 2023

P. 12(b)(6) and/or dismiss any defendant who is immune from suit. See 28 U.S.C. §§ 1915(e)(2)(B)(ii)- (iii). … IFP Application Plaintiff qualifies for permission to proceed IFP.

Dey v. Codman

39 N.J. Eq. 258 · New Jersey Superior Court Appellate Division · Oct 15, 1884

It appears very clearly by the evidence that this mortgage had been paid off before the testator’s death. … He qualifies the statement, however, by saying that, what his father said was, that he had no more of the, notes—that is, that he had' used them up.

DMV v. Granziel

236 N.J. Super. 191 · New Jersey Superior Court Appellate Division · Oct 11, 1989

of one year with or without medication and that he is physically qualified to operate a motor vehicle." … Green's reports and opinions than to the contrary recommendations of the members of the Neurological Disorder Committee, and although she clearly stated that she did not construe N.J.A.C. 13:19-5.1 as imposing a non-rebuttable

State v. Post

20 N.J.L. 368 · Supreme Court of New Jersey · May 15, 1845

Under this general, and I may call it, abstract proposition, the precise meaning and extent of which it is somewhat difficult clearly to comprehend, it is contended that slavery is abrogated and all laws established regulating … That as the right of property, which the defendant had in the person and to the services of the colored man *373 William as his slave, when this constitution was framed and adopted, was a clearly established legal right,

New Jersey Protection & Advocacy, Inc. v. New Jersey Department of Education

563 F. Supp. 2d 474 · District Court, D. New Jersey · Jun 30, 2008

An organization or association may have standing when it (1) has standing “in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the [organization or] association itself … Therefore, Plaintiffs have established the third requirement of representational standing.

ROBERT J. TRIFFIN VS. SHS GROUP, LLC (DC-013226-18, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 3, 2021

Defendant receives money from the federal government, and then distributes the funds to qualifying students for educational and living expenses. Id. … identifying it as duplicate, compared to defendant's copy referencing the electronic indorsements and transfers by both banks, and defendant's bank statement showing $1,431 deducted from his account, clearly

State v. Pennington

154 N.J. 344 · Supreme Court of New Jersey · Jul 14, 1998

In concluding that the maximum sentences shocked the judicial conscience, the majority reasoned that the “kidnapping convictions were established by minimal facts necessary to establish the element of restraint,” and that … We conclude that both the Code and our decisional law establish a public policy that prohibits such use of rejected plea offers.

JENKINSON'S PAVILION v. BOROUGH OF POINT PLEASANT BEACH

District Court, D. New Jersey · Apr 26, 2021

Thus, the Complaint establishes active participation by Councilmembers Byrnes, Testa, and Vitale and Mayor Kanitra in the legislative process and, this conduct falls squarely within the legislative immunity privilege.5 … The Complaint alleges merely that Riordan 1983) (“[M]embers of a municipal council acting in a legislative capacity are immune from damage suits under section 1983” and “are immune from suit under section 1985(3) as well

State of New Jersey v. Jamel Carlton

New Jersey Superior Court Appellate Division · Dec 19, 2024

The far-ranging trial proofs that might be needed to establish a defendant's membership in a criminal organization for purposes of N.J.S.A. 2C:39-5(i) stand in stark contrast to the simple proofs needed to establish that … Clearly, the commentary in the 1971 Final Report presupposed that a defendant has no constitutional right to have the sentencing issue decided by a jury.

Garfield Trust Co. v. Director, Div. of Taxation

6 N.J. Tax 462 · New Jersey Tax Court · Jun 19, 1984

Commercial banks and savings banks are established and governed pursuant to the Banking Act of 1948, N.J.S.A. 17:9A-1 et seq. … Thus, the exemption established by N.J.S.A. 34:1B-15 clearly does not affect the imposition of the tax on the value, income and gain on transfer of EDA bonds under the corporation business tax____ The Legislature has never

State v. Jones

183 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Feb 17, 1982

These characterizations clearly describe *181 the purpose of the dismissal of the first indictment here, where the crime was abolished. … If the reversal is qualified, such as being on other grounds or otherwise not militating against the asserted statement in the reversed opinion, the fact or facts may be noted.

FIRST RESPONSE v. STATE OF NEW JERSEY

District Court, D. New Jersey · Aug 4, 2022

The State and Kazar have not waived immunity in this Court by failing to raise an immunity that was not available in state court. See S.C. ex rel. C.C. v. Deptford Twp. Bd. of Educ, 248 F. … Next, the court in Kaul found it well established that “New Jersey has a strong interest in regulating the medical profession and censuring physicians who are a danger to public health and safety.” 372 F.

Brody v. Alfieri

179 N.J. Super. 485 · New Jersey Superior Court Appellate Division · Mar 2, 1981

Brody has since presented his judgment to the qualified executrix under Alfieri's will; whether and to what extent assets will be available to pay the judgment is not yet known. … Clearly the statute must be read as granting the protection of the Fund only with respect to wrongful conduct of a broker or salesman acting in his capacity as such.

Marioni v. 94 Broadway, Inc.

374 N.J. Super. 588 · New Jersey Superior Court Appellate Division · Feb 8, 2005

Lindner contends that he does so qualify because he recorded his notice of settlement prior in time to plaintiff's similar recording two days later. … Instead, the record clearly demonstrates that it was Roxy that concluded it was on sufficiently solid ground, vis-a-vis its relationship with plaintiff, that it could rightfully sell the property to someone else.

Lehmann v. Kanane

84 N.J. Super. 117 · New Jersey Superior Court Appellate Division · May 22, 1964

This is a suit brought by plaintiff to establish his right to the position of deputy surrogate of Union County. … Furthermore, statutes enacted to establish tenure must be strictly construed, Brintle v. Board, of Education of City of Long Beach, 43 Cal. App. 2d 84 , 110 P. 2d 440 (D. Ct.

State v. Kuchera

198 N.J. 482 · Supreme Court of New Jersey · Mar 17, 2009

Taffaro, 195 N.J. 442, 454 , 950 A.2d 860 (2008) (explaining that, in order for plain error to qualify as reversible, it must be “ ‘sufficient to raise a reasonable doubt as to whether the error led the jury to a result it … Those principles, when applied to this case, clearly command that defendant’s convictions and sentence must be affirmed.

McDonald v. Mianecki

79 N.J. 275 · Supreme Court of New Jersey · Mar 6, 1979

A. 46:3B-5, and authorizes the Commissioner of the Department of Community Affairs to establish certain new home warranties, N. J. S. A. 46:3B-3. … Clearly every builder-vendor holds himself out, expressly or impliedly, as having the expertise necessary to construct a livable dwelling.

Radiological Society of NJ v. Sheeran

175 N.J. Super. 367 · New Jersey Superior Court Appellate Division · Jul 17, 1980

I Blue Cross is a nonprofit hospital service corporation organized for the purpose of establishing, maintaining and operating a hospital service plan. N.J.S.A. 17:48-1. … The Fourteenth Amendment immunizes people from actions by the State which affirmatively and significantly impinge on "fundamental rights, so thought to be inherent in their nature rather than created by any constitution or

MICHAEL J. KELSEY VS. TOWNSHIP OF EAST HANOVER (L-0564-19, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 21, 2021

The TCA defines the extent of the Legislature's waiver of sovereign immunity and "establishes the procedures by which claims may be brought[.]" Beauchamp v. Amedio, 164 N.J. 111, 116 (2000). … We note that the TCA clearly provides that notice in writing is required even when oral notice has been provided. See N.J.S.A. 59:8-4; see also Velez, 358 N.J.

In the Matter of the Solar Transition Pursuant to L. 2018, C. 17 – Application for Certification of Solar Facility, Etc.

New Jersey Superior Court Appellate Division · Dec 29, 2025

A-3975-23 6  We are bound to apply clearly defined statutory terms. State v. S.B., 230 N.J. 62, 68 (2017). … Here, there was ample evidence before the BPU that established the Reeder Site was actively used for agriculture during the Farmland Lookback as defined in subsection (s).