Case law

Division of Youth & Family Services v. M.C.

405 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Dec 31, 2008

consultants), prepared from their own first-hand knowledge of the case, at a time reasonably contemporaneous with the facts they relate, and in the usual course of their duties with [DYFS], Reports of this type, prepared by the qualified … Therefore, those documents and the trial judge’s reliance upon them were “clearly capable of producing an unjust result[.]” R. 2:10-2.

Pharmadyne Laboratories, Inc. v. Kennedy

466 F. Supp. 100 · District Court, D. New Jersey · Jan 10, 1979

Clearly, if I were construing the meaning of “new drug” without binding authority, I would opt for the FDA’s construction. … After qualifying as an organic chemist, Dr. Bauer testified as to the tests run under his supervision and the results thereof.

Matter of Producer Assignment Program

261 N.J. Super. 292 · New Jersey Superior Court Appellate Division · Jan 8, 1993

Paragraph c requires that the program "shall provide for the assignment of qualified producers on an equitable basis to insurers writing private passenger automobile insurance in the voluntary market." … lacks the element of binding authority, since it is of limited duration, and since it may be predicated on an enforceable scheme of indemnification of the insurer for other imputable acts of the representative, does not clearly

GUIGNARD v. BIOMET, INC.

District Court, D. New Jersey · Jun 30, 2019

In such a case, “the diverse defendant may still remove the action if it can establish that the non- diverse defendants were ‘fraudulently’ named or joined solely to defeat diversity jurisdiction.” Id. at 216. … , plaintiffs clearly allege sufficient facts, accepted as true, that would subject Davis and Legacy to liability under the exception to the seller safe harbor that they knew or should have known about the purported defect

Public Service Electric & Gas Co. v. Associated Electric & Gas Insurance Services

745 F. Supp. 1037 · District Court, D. New Jersey · Sep 19, 1990

London Market and Travelers Indemnity Company, participating as Amicus Curiae, suggest that the subject Order is clearly erroneous and contrary to law for a variety of reasons. … However, if you wish to do so, you may call 1-800-628-8110, a toll free number that has been established by Public Service for your convenience.

In re DBC Project A0716-00

303 N.J. Super. 384 · New Jersey Superior Court Appellate Division · May 30, 1997

The Director ruled that section (c) clearly establishes the balance of payment methodology as the only way to calculate the “dollar value of the contractor’s uncompleted contract work.” … Plainly, the Director’s adoption of the balance of payments methodology as the exclusive means of determining a bidder’s responsibility clearly bears the hallmark of an administrative rule, for it establishes a standard of

Matter of Nackson

221 N.J. Super. 187 · New Jersey Superior Court Appellate Division · Nov 19, 1987

This is prohibited and clearly does not serve as the basis of an acceptable attorney-client relationship. … Specifically, the Supreme Court has noted that the grand jury `may not itself violate a valid privilege, whether established by the Constitution, statutes or the common law.' [citations omitted].

Atlantic City Opera Theater v. City of Atlantic City

New Jersey Tax Court · Dec 17, 2021

The pictures provided by the taxpayer clearly depict opera performances taking place before an audience. Many of the opera performers are in costume. … Other proofs establish that the use of the property is residential in character.

CSr Ltd. v. Cigna Corp.

405 F. Supp. 2d 526 · District Court, D. New Jersey · Dec 13, 2005

A party may raise the issue of subject matter jurisdiction at any time, and, as previously discussed, courts in this Circuit and elsewhere have clearly established that the FTAIA establishes jurisdictional prerequisites for … Both of these cases clearly apply Rule 12(b)(1) standards to FTAIA challenges.

THE MECHANICAL CONTRACTORS ASSOCIATION OF NEW JERSEY, INC. v. STATE OF NEW JERSEY

District Court, D. New Jersey · May 28, 2021

The fact that Defendants were possibly motivated by other factors does not establish that Defendants’ alleged purposes are inconceivable. … Privileges and Immunities Claim Next, Plaintiffs claim that the ownership requirement violates the Privileges and Immunities Clause. See Pl. Br., at 27.

Public Advocate Dep't v. Public Utilities Bd.

189 N.J. Super. 491 · New Jersey Superior Court Appellate Division · Nov 23, 1983

The Board has consistently permitted reasonable, nondiscriminatory charitable donations to qualify as operating expenses in a utility rate case. … This statement, as noted by the Board, clearly created an investor perception of added risk.

State v. Cleveland

6 N.J. 316 · Supreme Court of New Jersey · Feb 5, 1951

We think the law clearly demands that when a jury in a murder case is polled, each juror, if he finds the defendant guilty, shall designate by his verdict whether it be murder in the first degree or in the second degree. … But it limited and qualified its ruling by declaring: “We do not go so far as to adopt that as .an unqualified rule.

Francis v. United Jersey Bank

162 N.J. Super. 355 · New Jersey Superior Court Appellate Division · Aug 18, 1978

The annual financial statements accurately and clearly reflected the payments to members of the Pritchard family, and they clearly reflected the desperate financial condition of the corporation. … It was established by testimony of J.

Allstate Insurance Company v. Northfield Medical Center P.C.(076069) (Morris County and Statewide)

228 N.J. 596 · Supreme Court of New Jersey · May 4, 2017

supra, observed that “[a] fair reading of the Act . . . requires the conclusion that any healthcare service authorized by the Act, in order to be eligible for recognition, must also comply with any other significant qualifying … That clearly supported finding is not overcome by any form-over-substance argument based on the placement of bare legal title in the plenary licensee who participated in this scheme.

State v. Nelson

155 N.J. 487 · Supreme Court of New Jersey · Jul 30, 1998

Three jurors, as opposed to four, voted that the catchall mitigating factor had been established. … The allegations in the suppressed complaint did not make the detective an expert or affect any potential of qualifying him as an expert.

Lieberson v. Johnson & Johnson Consumer Companies, Inc.

865 F. Supp. 2d 529 · District Court, D. New Jersey · Sep 21, 2011

The Products at issue here are clearly manufactured for the purpose of washing and moisturizing babies’ skin. … Aug. 30, 2011) (dismissing named plaintiff based on an absence of qualifying purchases and holding that counsel could qualify as class counsel if they were able to find a suitable class plaintiff). .

Bracco Diagnostics, Inc. v. Amersham Health, Inc.

627 F. Supp. 2d 384 · District Court, D. New Jersey · Jun 5, 2009

Murray did not qualify or specifically identity Omnipaque as being the traditional LOCM. … established the claim made.”

Estate of Chin v. ST. BARNABAS MED. CENTER

312 N.J. Super. 81 · New Jersey Superior Court Appellate Division · May 27, 1998

To the extent that the court may have erred in this regard we conclude that the error was not "clearly capable of producing an unjust result." R. 2:10-2. Dr. Piver testified as an expert against Dr. Goldfarb. … The jury could have found that the nurses were not qualified to work with the equipment; that one of them connected the exhaust line to a suction canister to which the suction tubing was attached; or that one of them left

Dunellen Bd. of Ed. v. Dunellen Ed. Assn.

64 N.J. 17 · Supreme Court of New Jersey · Nov 20, 1973

In their relations with their employees the boards were clearly to be distinguished from private employers in private industry. … On appeal the Wisconsin Supreme Court first pointed out that many items and restrictions in the school calendar are established by statutes and to that extent may not be changed by negotiation.

Palisades Properties, Inc. v. Brady

79 N.J. Super. 327 · New Jersey Superior Court Appellate Division · May 27, 1963

Laurance Rockefeller clearly indicated a deep love of nature. His qualifications and background as an expert in outdoor recreation are enviable. … He reflected a man thoroughly qualified to supervise the building, from its inception, of any type of an outdoor project — parks, forests, lakes and beaches. Mr. John D. Rockefeller, Jr.'