Case law

CORRY v. THE NEW JERSEY JUDICIARY

District Court, D. New Jersey · May 31, 2023

Plaintiff concedes that the Judiciary is immune, however posits that the individual Defendants are not entitled to such immunity and are liable for aiding and abetting under NJLAD. (ECF No. 42 at 5-6). … immunity, the individual Defendants cannot be said to have aided or abetted, or “acted in relation” to the principal.

Viking Yacht Co. v. Composites One LLC

613 F. Supp. 2d 518 · District Court, D. New Jersey · May 12, 2009

Clearly, Caruthers’s conception of an experiment does not comport with that of CCP. … Brent Strong’s testimony explains that “it is Plaintiffs’ burden ... to establish what caused the cracking in their yachts.” (Dkt. No. 166, at 24).

Armaniaco v. Cresskill

62 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Jul 11, 1960

The adoption of the established custom urged herein must come from the Legislature and not from the courts. … agency has no election whether or not to waive defects in a bid which fails to qualify in material particulars.

Menorah Chapels v. Needle

386 N.J. Super. 100 · New Jersey Superior Court Appellate Division · Jun 8, 2006

General Price List for Menorah Chapels, effective June 1, 1998, provided: The special Orthodox ritual requirements of Tahara [ritual washing] and Watcher [shomer] will be carried out whether decedent is a man or woman by qualified … Such an intent clearly was not manifested by the parties at the time that the contract for services was executed, and cannot reasonably be inferred in the circumstances presented.

IN RE PROTEST OF CONTRACT AWARD FOR PROJECT A1150-18, ETC. (DIVISION OF PROPERTY MANAGEMENT AND CONSTRUCTION)

New Jersey Superior Court Appellate Division · Feb 2, 2021

Each subcontractor for the four trades enumerated in N.J.S.A. 52:32-2(a) must be "qualified in accordance with chapter 35 of Title 52." N.J.S.A. 52:32-2(b)(2). … The HVACR Licensing Laws created a Board of Examiners to establish HVACR licensing requirements and to oversee HVACR contractors. N.J.S.A. 45:16A-3 and -4.

In the Matter of Commission Proceeding on Revocation of License of Pasquale Pontoriero

439 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Jan 7, 2015

Prof'lly Green, L.L.C., 215 N.J. 388, 399 (2013)). 2 Appellant does not dispute that Fiumara and DePiro qualify as members of an organized crime group, career offenders, and convicted racketeers. … Here, the history of corruption on the waterfront, as well as the need for strict regulation, is well established: [T]he conditions under which waterfront labor is employed . . . are depressing

Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel

161 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Jul 7, 1978

Such statement must “indicate the number of qualified units proposed, the price or rental ranges, and how the applicant intends to make the units available to qualified families.” … as low and moderate-income housing, if indeed they do not so qualify already.

Livingston Builders, Inc. v. Township of Livingston

309 N.J. Super. 370 · New Jersey Superior Court Appellate Division · Mar 31, 1998

He stated that the assisted living units planned for the site would qualify as residential housing for the purpose of satisfying Livingston’s fair share obligation. N.J.A.C. 5:93-5.8(a). … COAH has established those criteria, see N.J.AC. 5.93-1.1 to -15.1, and the courts should ordinarily defer to them. Hills Dev.

MICHAEL FROMOSKY VS. TOWNSHIP OF LITTLE EGG HARBOR (L-0723-17, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 14, 2019

The Township is a municipal corporation located in Ocean County that qualifies as a "public entity" under the TCA's definition. … Buzby and Loesch argue that the Township and its employees should be "equitably estopped" from asserting the lack of a notice as a defense, contending "the Township was clearly placed on notice."

F.B. v. A.L.G.

176 N.J. 201 · Supreme Court of New Jersey · May 14, 2003

However, certain subsections clearly are not applicable. Rule 4:50-2 requires an application for relief under subsections (a), (b), and (c) to be brought within one year of the judgment. … To qualify for federal funds, a State must certify that it will operate a child support enforcement program that conforms with the requirements of the Act, including, among other things, a comprehensive system to establish

STATE OF NEW JERSEY VS. DARREN E. RICHARDSON (17-10-0966, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 1, 2020

In that case, the Court considered whether the defendant member of the State Police was entitled to qualified immunity on the plaintiff's claim under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2. … , that right was not clearly established at the time that he acted."

Gustavo Robles v. State of New Jersey, et al.

District Court, D. New Jersey · Dec 22, 2025

The Court dismissed the Amended Complaint as to these moving defendants on multiple grounds—including Eleventh Amendment immunity, judicial immunity, failure to state a claim under § 1983 or the ADA, and failure to state … Currency, 728 F.2d at 195 (noting that “[t]he threshold question” in deciding whether a default should be set aside “is whether [the defendant] has established a meritorious defense”).

In the Matter of Adoption of Amendments to the Northeast Upper Raritan, Sussex County and Upper Delaware Water quality Management Plans to Establish Total Maximum daily Loads in the Non-Tidal Passaic River Basin And pompton lake/ramapo River Addressing Phosphorus Impairments and to Establish Watershed Criteria

New Jersey Superior Court Appellate Division · May 15, 2014

In her decision, the ALJ summarized the testimony of the seventeen witnesses presented by the parties, all of whom were qualified as experts in their fields. … That deference is clearly applicable in this case.

Fisher v. Skillman's Executors

18 N.J. Eq. 229 · New Jersey Court of Chancery · Feb 15, 1867

The words in their natural meaning clearly would in all such cases, give an equal share to each of the children or heirs of the person so designated. … Thus the doctrine is established by a series of well considered cases, both in England and this country, that a devise or bequest like that under consideration, unless qualified by other parts of the will, gives the property

Herbert v. Newton Memorial Hospital

933 F. Supp. 1222 · District Court, D. New Jersey · Jul 29, 1996

The evidence of record clearly indicates, moreover, that the Hospital’s decision was based not on some clandestine effort to thwart Dr. … The evidence of record clearly establishes, however, that Dr. Herbert had no customers of his own. Nor is there any evidence that he received any customers from referrals from the Hospital’s staff surgeons.

State v. Rivera

232 N.J. Super. 165 · New Jersey Superior Court Appellate Division · Mar 23, 1989

Compelling evidence was presented which established that defendant stated that he wanted to marry Sanders so he could win the case. … We have examined this contention in light of the record and the controlling legal principles and find it is clearly without merit. See State v. Dunbar, 108 N.J. 80 (1987); State v.

Bright v. Asset Acceptance, LLC

292 F.R.D. 190 · District Court, D. New Jersey · Aug 1, 2013

In addition, the Plaintiff maintains that his attorneys are qualified and have experience litigating class action cases. … “The party seeking certification bears the burden of establishing each element of Rule 23 by a preponderance of the evidence.” Id.

Knight v. City of Margate

86 N.J. 374 · Supreme Court of New Jersey · Jun 25, 1981

reasons exist for believing that in the superseding enactment, L. 1981, c. 142, the Legislature, though it limited the coverage of the Conflicts of Interest Law to full time judicial officers, did not intend to exclude or immunize … V We are constrained to deal with another problem that is now clearly and unavoidably presented by our determination that the ethical standards of the New Jersey Conflicts of Interest Law apply to full-time members of the

State v. Witte

13 N.J. 598 · Supreme Court of New Jersey · Nov 23, 1953

But it is urged that the indictment does not “clearly charge a legal duty” nor “set up with particularity a specification of the acts demonstrating an intent to violate that duty.” … Eor instance, Guarini was called to establish his conduct of Costa’s Barn as a gaming house.

Kletzkin v. Borough of Spotswood Bd. of Educ.

136 N.J. 275 · Supreme Court of New Jersey · Jun 29, 1994

Such a reading would clearly detract from the statutory purpose. [ Ibid. ] See also Dennery v. … A school board may also establish a shorter probationary period, N.J.S.A. 18A:28-5(a), but Spotswood has not done so, relying instead on the term established by statute.