Case law

Huber v. Serpico

71 N.J. Super. 329 · New Jersey Superior Court Appellate Division · Jan 8, 1962

Such being the case, even had the negligence of Edwards been established, there would have been no respondeat superior liability on the part of Timberbrook. … Plaintiff produced one Swanger, a qualified tree expert, who testified that the cost of clearing the debris left from Serpico's timbering operations would amount to $3,000.

Marranca v. Harbo

76 N.J. Super. 429 · New Jersey Superior Court Appellate Division · Oct 11, 1962

In the construction of a statute, words should never be supplied or changed, unless to do so will effect a meaning clearly shown by the other parts of the statute, or to carry out an intent somewhere expressed. Lane v. … The "action" of the state agency here sought to be reviewed is the establishment of the second list as the eligible list and the certifications made therefrom.

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

HARTWELL v. EZRICARE, LLC

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

NJPLA’s Immunity Provision Although product sellers are subject to liability under the NJPLA, the Act includes an immunity provision “to rescue persons it categorized as ‘product sellers … Thus, the Court rejects EzriCare’s claim of immunity at this juncture. IV.

Dcpp v. V.P., in the Matter of the Guardianship of E.J.P.

New Jersey Superior Court Appellate Division · Sep 22, 2025

Turning to the second component of prong three, the judge found that the record clearly and convincingly established that the Division had explored … Vanessa argues that the Division failed to prove her alcohol abuse rose to the level of harm necessary to establish the first prong.

Serritella v. Engelman

339 F. Supp. 738 · District Court, D. New Jersey · Feb 24, 1972

First, it must be recognized that the receipt of welfare benefits is a matter of “statutory entitlement for persons qualified to receive them.” … This provision reads: A State plan for aid and services to needy families with children must (3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment

In Re Nj Medical Malpractice Reinsurance Recovery Fund Surcharge

246 N.J. Super. 109 · New Jersey Superior Court Appellate Division · Feb 13, 1991

Super. 345 , 349 A. 2d 92 (App.Div. 1975), certif. den. 70 N.J. 143 , 358 A. 2d 190 (1976) (foreign insurers may qualify as a member of the Guaranty Association). … We have considered the remaining contentions raised and find that they are clearly without merit. R. 2:11-3(e)(1)(D).

Fitzgerald v. Stanley Roberts, Inc.

186 N.J. 286 · Supreme Court of New Jersey · Apr 20, 2006

Given that credibility was at the heart of the case, the unlimited gossip evidence was clearly capable of producing an unjust result. … Thus specific act evidence may be admitted at such a hearing insofar as it bears on whether the witness possesses sufficient information to be qualified to give evidence of the subject’s bad character.

State v. Burris

298 N.J. Super. 505 · New Jersey Superior Court Appellate Division · Mar 20, 1997

In a brief period, defendant gave the police three wildly inconsistent statements, ranging from a complete denial of any knowledge of the circumstances surrounding her mother’s death to a qualified admission that she was … Clearly, an expert witness should not be permitted to serve as a conduit for alerting the jury to evidence it would not otherwise be allowed to hear.

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.

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.

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.

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.

B.G. ex rel. F.G. v. Cranford Board of Education

702 F. Supp. 1158 · District Court, D. New Jersey · Dec 29, 1988

Department of Education, 471 U.S. 359 , 105 S.Ct. 1996 , 85 L.Ed.2d 385 (1985), was inapplicable to the established facts of this case. … Clearly, the concept of “related services” embraces and has been interpreted to include psychological services. T.G. v.

Daiichi Sankyo Co. v. Mylan Pharmaceuticals Inc.

670 F. Supp. 2d 359 · District Court, D. New Jersey · Jul 30, 2009

Olmesartan medoxomil also qualifies as an insurmountable antagonist. … A reference qualifies as prior art if it was published before the priority date. See 35 U.S.C. 102(a). Turning to the facts at hand, the Carini Article fails to qualify as a prior art reference.

Papianni v. International Ass'n of Bridge, Structural & Ornamental Iron Workers

622 F. Supp. 1559 · District Court, D. New Jersey · Dec 10, 1985

to which they are clearly entitled. … And, before Judge Meanor, they were successful in establishing that the terms of the Plumbers Local Consent Decree did not provide cause for the local’s failure to effect the transfers.

Zawadowicz v. CVS. Corp.

99 F. Supp. 2d 518 · District Court, D. New Jersey · May 30, 2000

Martin’s instruction contains the terms “will notify,” which *529 is clearly stated in future tense. … In .response, plaintiff argues that CVS’s argument confuses FMLA leave with an FMLA qualifying absence. FMLA leave consists of a series of related, FMLA-qualifying absences.

State v. Dougherty

86 N.J.L. 525 · Supreme Court of New Jersey · Jan 12, 1915

To adopt the view urged upon us would lead to most pernicious consequences in every department of government, by giving to corrupt legislators and those entrusted with administering the law immunity from punishment for their … It is quite possible that in the minds of the jurors the question of identitjr may have been established.

In Re the Accounting of Thompson

53 N.J. 276 · Supreme Court of New Jersey · Feb 18, 1969

The court held that an adopted child of one of the cousins would not, in the absence of evidence of a contrary purpose, qualify as a descendant within the meaning of the instrument; it noted that the words “descendant” and … “issue” in their ordinary and primary meaning “connote lineal relationship by blood” and would be so construed unless it clearly appeared that they were used “in a more extended sense”; in a footnote it pointed out that